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HomeMy WebLinkAboutCouncil Packet - 9/16/2024CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, September 16, 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 383 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, Ray Feuss, Ward 5 Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of the September 3, 2024, Regular Council Session and the Page 2 of 383 September 11, 2024, Special Session, as proposed or amended. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request by Carrie and Alex Mass, for tax exemptions on the construction of a new single-family home valued at $552,000.00, for property located at 125 Goldcrest Court and located in the City Limits Urban Revitalization Area (CLURA). 3. Resolution approving the request by Brett Robinson, for tax exemptions on the construction of a new single-family home valued at $516,000.00, for property located at 1440 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). 4. Resolution approving the request by Linda Meggers, for tax exemptions on the construction of a new single-family home valued at $384,500.00, for property located at 1427 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). 5. Resolution approving the request by Elvir Kurtovic, for tax exemptions on the construction of a new twin home unit valued at $269,000.00, for property located at 4139 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). 6. Resolution approving the request by Saw Maung and Maria Than, for tax exemptions on the construction of a new single-family home valued at $315,000.00, for property located at 1235 W. 7th Street and located in the Consolidated Urban Revitalization Area (CURA). 7. Resolution approving the request of Jesse Tucker for a waiver for a concrete driveway, located at 1110 Minnesota Street, with the elimination of the sidewalk section due to inability to meet grade requirements. 8. Resolution approving the request of Tom Nagle, for a waiver for a concrete driveway, located at 1029 Thorndale Avenue, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. 9. Resolution approving the request of Dan Noel, for a waiver for an asphalt driveway, located at 215 N. Hackett Road, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. Page 3 of 383 10. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 17, 2024, and date of public hearing as October 21, 2024, in conjunction with the FY 2025 prefabricated shelter at 1700 Idaho Street, for the Municipal Telecommunications Utility Project, Contract No. 1112, and direct the City Clerk to publish notice. 11. Resolution setting date of public hearing as September 30, 2024, for a request by the City of Waterloo to vacate Elm Street from Sycamore Street to Lafayette Street, located adjacent to 1515 Sycamore Street with the retention of a utility easement over, under, and upon the vacate area, and instruct the City Clerk to publish notice. 12. Resolution setting the date of public hearing as September 30, 2024, for a request by the City of Waterloo to rezone approximately 0.21 acres from "M-2" Heavy Industrial District to "C-P" Planned Commercial District located adjacent to 1515 Sycamore Street, and instruct the City Clerk to publish notice. 13. Resolution setting date of public hearing as September 30, 2024, for a request by 1515 Sycamore, LLC, for a Site Plan Amendment to allow for redevelopment of the Rath Administration Building into 87 residential units, including the potential to add parking within vacated Elm Street and allowing for a total of 122-180 parking spaces, potentially less than the 174 parking spaces required in the "C-P" Planned Commercial District, located at 1515 Sycamore Street, and instruct the City Clerk publish notice. 14. Resolution approving submission of ICAAP grant application in the amount of $700,000.00, for construction of a roundabout at the Hammond Avenue and Ridgeway Avenue intersection, and authorizing the Mayor and City Clerk to execute said document. 15. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing a 2024 Ford F350 4WD Regular Cab Longbox, in the amount of $47,659.25, from Stivers Ford, for the Fire Department. 16. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Restoration Services of Waterloo, Iowa, in the amount of $37,015.00, in conjunction with the Hangar No. 4 Improvements - Tuckpointing and Painting, under the IDOT FY-23 CSVI Project, Contract No. 4606. 17. Motion approving Final Quantity Summary with Lodge Construction, Inc., of Clarksville, Iowa, for a net decrease of $47,867.86, in conjunction with the FY 2021 Cedar River Marina and Recreational Enhancements, DOT Project No. TAP-U-8155(768)--8I-07, Contract No. 1011, and authorizing the Mayor and City Clerk to execute said document. 18. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Lodge Construction, Inc., of Clarksvile, Iowa, in the amount of $1,368,581.94, in conjunction with the FY 2021 Cedar River Marina and Recreational Enhancements, DOT Project No. TAP-U-815(768)-8i-07, Contract No. 1011. 19. Motion approving Final Quantity Summary with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net decrease of $19,177.29, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, DOT Project No. TAP-U- 8155(774)--81-07, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. Page 4 of 383 20. 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 $1,706,917.06, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, DOT Project No. TAP-U-815(774)-8I-07, Contract No. 1029. 21. Motion to approve Final Quantity Summary with Brock Even Construction, LLC, of Jesup, Iowa, for a net decrease of $5,327.99, in conjunction with the FY 2024 Sidewalk Repair Assessment Program - Zone 3, Contract No. 1082, and authorizing the Mayor to execute said document. 22. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Brock Even Construction, LLC, of Jesup, Iowa, in the amount of $165,913.26, in conjunction with the FY 2024 Sidewalk Repair Assessment Program - Zone 3, Contract No. 1082, and receive and file a two-year maintenance bond. 23. Motion approving Change Order No. 2 with WRH, of South Amana, Iowa, for a net addition of $27,787.73, in conjunction with the Titus Lift Station and Force Main Project, Contract No. 975, and authorizing the Mayor to execute said document. 24. Motion to approve Change Order No. 1 with Advanced Environmental, Inc., of Waterloo, Iowa, fora net increase of $1,188.00, in conjunction with additional asbestos abatement work (pipe wrap) for property located at 1202 Sycamore Street under Contract No. AB- 2024-05-08P, and authorizing the Mayor to execute said document. 25. Communication from the Library Department on the notice of the conclusion of employment of Kim Chapman, Business Office Manager, effective August 30, 2024, with recommendation of approval of payout of $10,513.14 for unused benefits. 26. Motion to approve the appointment of Jason Sandoval from the current Civil Service List to the position of Code Enforcement Officer in the Code Enforcement Department, effective September 17, 2023. 27. Tom Powers, Board/Commission: Board of Adjustment, Expiration Date: September 16, 2029, [New]. 28. Airport Board minutes of July 24, 2024. 29. Motion approving Application for Fireworks Display: Hairball Concert, September 20, 2024, at the National Cattle Congress, from 9:00 p.m. to 11:00 p.m. 30. Liquor Licenses a. Kwik Star #715, 135 E. Ridgeway Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 10/3/25. b. Kwik Star #1004, 111 E. Donald St., Class B Alcohol w/Sunday Sales (Renewal) Exp: 10/21/25. c. Petersen & Tietz Florists & Greenhouses, 2275 Independence Ave., Special Class B Native Wine, w/Sunday Sales (Renewal) exp: 10/8/25. d. Vinton's Pub and Eatery, 201 Rath St., Class C Alcohol w/Catering and Sunday Sales (Renewal) Exp: 9/5/25. Page 5 of 383 e. Locke at Tower Park, 4140 Kimball Ave., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 9/20/25. f. Waterloo Black Hawks Hockey, 125 Commercial St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 12/15/24. g. Wal-Mart Supercenter #1496, 1334 Flammang Dr., Class E Alcohol w/Sunday Sales (Renewal) Exp: 9/30/25. h. West Side Liquor, 919 W. 5th St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 10/29/25. 31. Bonds. PUBLIC HEARINGS 1. Reallocation of Unspent Proceeds of the General Obligation Bond Series 2022B in an amount not to exceed $142,000.00. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action and approving the reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2022B, of the City of Waterloo, Iowa. Submitted by: Bridgett Wood, Finance Director 2. Reallocation of Unspent Proceeds of the General Obligation Bonds, Series 2023A in an amount not to exceed $25,000.00. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action and approving the reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2023A, of the City of Waterloo, Iowa. Submitted by: Bridgett Wood, Finance Director 3. FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract No. 1111. 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 Brock Even Construction, LLC, of Jesup, Iowa, in the amount of $208,547.56, approving the contract, bond, and certificate of insurance, in conjunction with the FY 2025 Sidewalk Repair Assessment Program, Contract No. 1111, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Oumie Ceesay 4. FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract No. 1111 (Notice to property owners). Page 6 of 383 Motion to receive and file proof of publication notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Resolution approving proposed construction of sidewalk improvements. Resolution to fix the value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Submitted by: Oumie Ceesay 5. Sale and conveyance of city -owned property, located northwest of 2765 Crossroads Boulevard to Grant Park, LLC, in the amount of $1.00, including a Development and Minimum Assessment Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of city -owned property located northwest of 2765 Crossroads Boulevard to Grant Park, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving an amendment to the Development and Minimum Assessment Agreement with Grant Park, LLC, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 6. 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. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate approximately 8,708 square feet of city -owned right-of- way located northwest of 2765 Crossroads Boulevard, subject to the retention of a utility easement over, under and upon the northwesterly 10 feet of the vacate area. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 7. Sale and conveyance of City -owned property located near 919 Newell Street and 918 Newell Street in the amount of $5,000.00 for each property and to approve a phased Development Agreement with Dellatan Asset Acquisition, LLC. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city -owned property located near 919 and 918 Newell Street, in the amount of $5,000.00 for each property to Dellatan Asset Acquisition, LLC, and authorizing the Mayor and City Clerk to execute said documents. Page 7 of 383 Resolution approving a Development Agreement with Dellatan Asset Acquisition, LLC, for the construction of up to 12 new residential units and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution approving construction plans for grading, paving, and utilities serving the Prairie Meadow Estates First Addition, as submitted by Snyder & Associates, Inc., Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. Submitted by: Wayne Castle, PLS, PE, Assistant City Engineer 2. Resolution approving a Right -of -Way License Agreement with Waterloo Fiber for the placement of utilities within City right-of-way, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 3. Resolution approving a Permanent Easement Agreement with McDonald's USA, LLC, to allow roadway maintenance on private property located 222 Logan Avenue, in conjunction with the North Crossing redevelopment, and authorizing Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the construction of a new home at 222 Randall Street, including a $5,000.00 infill incentive and demolition of the existing structure, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving Amendment No. 4 to the Professional Service agreement originally executed December 8, 2022, with Strand Associates Inc., of Madison, Wisconsin for design bidding related services, in the amount of $10,000.00, in conjunction with the Wastewater Treatment Plant Third Party Renewable Natural Gas Project, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 6. Resolution approving an As -Built Contract with Entrust Solutions Group of Warrenville, IL, in the amount of $479,274.20, in conjunction with the Fiber Optic Network Project, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Sheila Steffen, Public Works Coordinator 7. Resolution approving a Design Agreement with Entrust Solutions Group of Warrenville, Illinois, in the amount of $48,300.00, in conjunction with the Fiber Optic Network Project, and authorizing the Mayor and City Clerk to execute said document. Page 8 of 383 Submitted by: Randy Bennett, Public Works Division Manager 8. Resolution approving a Sales Agreement with Daktronics of Brookings, South Dakota in the amount of $294,500.00, in conjunction with the Convention Center Outside Signage Project, and authorizing the Mayor to execute said document. Submitted by: Bridgett Wood, Finance Director 9. Resolution approving the Program Member Agreement with U.S. Bank for the purpose of making available a Corporate Card, Purchase Card, and/or One Card Program, and authorizing the Mayor to execute said document. Submitted by: Bridgett Wood, Finance Director 10. Resolution of the City of Waterloo, Iowa, authorizing official banking signatures. Submitted by: Bridgett Wood, Finance Director CLOSED SESSION 1. Closed 2. Closed 3. Closed 4. Closed 5. Closed 6. Closed 7. Closed Session on Session on Session on Session on Session on Session on Session on ADJOURNMENT Motion to adjourn. the purchase the purchase the purchase the purchase the purchase the purchase the purchase of real estate of real estate of real estate of real estate of real estate of real estate of real estate pursuant to pursuant to pursuant to pursuant to pursuant to pursuant to pursuant to Kelley Felchle City Clerk Iowa Code Section 21.5(1)(j). Iowa Code Section 21.5(1)(j). Iowa Code Section 21.5(1)(j). Iowa Code Section 21.5(1)(j). Iowa Code Section 21.5(1)(j). Iowa Code Section 21.5(1)(j). Iowa Code Section 21.5(1)(j). Page 9 of 383 September 3, 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 Tuesday, September 3, 2024. Roll Call. Mayor Pro Tem Ray Feuss in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton - Smith, Mr. Simon, Ms Wilder and Mr. Feuss. Mr. Chiles was absent. Prayer or Moment of Silence. Pledge of Allegiance, Kelley Felchle, City Clerk. Approval of Agenda, as proposed or amended. Nichols/Wilder that the agenda as proposed be approved. Voice vote -Ayes: Six. Motion carried. Approval of Minutes of the August 19, 2024, Regular Council Session, as proposed or amended. Nichols/Wilder that the minutes of the August 19, 2024, Regular Session, as proposed be approved. Voice vote -Ayes: Six. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Aaron Stacey Roberts, 411 Almond Street LC Smith, 416 Oliver Street Mr. Boesen commented that a music festival occurred August 22-24 out by the KOA Campground and casino. He explained that they were allowed to get a noise variance until 1:00 a.m. but this event was playing extremely loud amplified sound around the clock. Officers did check the decibel levels after 1:00am but lower wave lengths, like bass, travel farther than other sounds and many citizens in cities outside of Waterloo complained of the constant sound. The KOA Campground lost business due to people leaving because of the amplified sound. He shared that the event did not enhance the quality of life for people in Waterloo and surrounding communities. He commented that the event should scrutinized harder in the future. Wilder/Nichols to close public comments. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA Page 1 of 12 Page 10 of 383 Nichols/Wilder that the following items on the consent agenda be received and placed on file, including the payment of bills for August 26, 2024, in the amount of $3,417,942.55, and September 3, 2024, in the amount of $3,856,634.52, be received and placed on file. Voice vote -Ayes: Six. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-498. 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). Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-499. 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). Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-500. 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). Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-501. 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-502. 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-503. 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 Crossroads Boulevard, and instruct the City Clerk to publish notice. Page 2 of 12 Page 11 of 383 Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-504. 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-505. Resolution setting date of public hearing as September 16, 2024, for the sale and conveyance of City -owned 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 $5,000.00 development grant for each residential unit created for a total of up to $60,000.00 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-506. 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-507. 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-508. 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-509. 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-510. 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-511. Page 3 of 12 Page 12 of 383 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-512. 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-513. 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. 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. 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. Motion to approve the appointment of Ryan Doland from the current Civil Service List to the position of Animal Control Supervisor in the Police Department, effective September 9, 2024, pending pre -employment physical and drug testing. 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. 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. 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. Page 4 of 12 Page 13 of 383 Leisure Services Commission Board minutes of July 9, 2024. Board of Adjustment Regular Meeting minutes of May 28, 2024. Historic Preservation Commission minutes of June 18, 2024. 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. q. 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 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. Boesen/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Page 5 of 12 Page 14 of 383 Boesen/Nichols to close hearing. Voice vote -Ayes: Six. Motion carried. Boesen/N ichols 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-514. 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. Wilder/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Wilder/Nichols to close hearing. Voice vote -Ayes: Six. Motion carried. Wilder/Nichols 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-515. Wilder/Nichols 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. Roll Call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 516. FY 2025 State Street Sanitary Sewer Replacement and Storm Sewer Disconnects, Contract No. 1110. Nichols/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Wilder to close hearing. Voice vote -Ayes: Six. Motion carried. Nichols/Wilder Page 6 of 12 Page 15 of 383 Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-517. Mr. Boesen requested an overview of the project. Randy Bennett, Public Works Division Manager, provided an overview of the project. Nichols/Wilder to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Six. Motion carried. Engineer's Estimate: $542,000.00 Vieth Construction Corp, 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°/0 - $536,962.37 Nichols/Wilder 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. Roll Call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 518. FY 2025 Martin Luther King, Jr. Drive Wetland A Restoration, Contract No. 1109. Wilder/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Wilder/Nichols to close hearing. Voice vote -Ayes: Six. Motion carried. No bids were received. Mr. Feuss requested an update of the next steps of the process since no bids were received. Jamie Knutson, City Engineer, provided an overview of the next steps and shared that a new date of hearing and bid letting has been set. RESOLUTIONS 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. Page 7 of 12 Page 16 of 383 Nichols/Creighton-Smith David Dreyer, 3145 W. 4th Street, requested an overview of the item. Bridgett Wood, Finance Director provided an overview of the item. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-519. 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. Nichols/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-520. 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. Nichols/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-521. 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. Creighton-Smith/Wilder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-522. 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. Boesen/Wilder Dave Wilson, Vice President/Real Estate, Ryan Companies, thanked the city for helping with the project and explained that they will begin construction in October. David Dreyer, 3145 W. 4th Street, questioned if this will use TIF funds, what is the cost of construction, and how much rebate money per year. Page 8 of 12 Page 17 of 383 Bridgett Wood, Finance Director, explained that bonds would be used and would be paid with TIF funds. Aric Schroeder, City Planner, commented that this will be in the Northeast Industrial TIF district and the developer could better answer the question regarding the cost of construction. He commented that rebate information was included in the council communication. Forest Dillavou, 1725 Huntington Road, questioned if all the infrastructure was built for the project or if more will be needed, and commented that the part that the city takes back will no longer be on the tax rolls. Jamie Knutson, City Engineer, explained that all the sanitary sewer is out there, there is a small extension needed to the building to tie into our system. He further explained that the road has already been constructed. Dave Wilson commented that the value of the building will be well over $20 million and the sanitary extension will be the responsibility of the developer. Aric Schroeder commented that the land that the developer will convey back to the city will be leased out for farming. Income for that is limited, but they are working to get that land developed. Lisa Skubal, Grow Cedar Valley, commented that the incentives being offered here, mirror those that were provided to ConTrol several years ago. She shared that it is her understanding that the estate of Willard Frost wanted to sell all seventy acres instead of portioning them out for this project. This purchase will provide the city with 44 additional acres that can be developed and bring other industrial projects to that part of town. Mr. Boesen shared that the city would see $70,204.00 in debt service and $232,336.00 going into the TIF from day one. Dave Wilson shared that the project will create 48 full-time good -paying jobs from day one. Access by rail could come into the facility as well. Mr. Boesen questioned if the city would look to lease or rent the buildings on the property or would they be torn down. Aric Schroeder commented that typically they move forward with demolition to address the incompatible use with the industrial site. Ms. Creighton -Smith commented that she is very supportive of the project. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-523. 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. Page 9 of 12 Page 18 of 383 Boesen/N ichols Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-524. 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. Boesen/N ichols Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-525. 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. Boesen/N ichols Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-526. 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. Nichols/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-527. 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. Nichols/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-528. 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. Nichols/Creighton-Smith David Dreyer, 3145 W. 4th Street, questioned the purpose of the property. Randy Bennett, Public Works Division Manager, provided an overview of the purchase. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-529. Resolution approving a Professional Services Agreement with Ahlers and Cooney, P.C. for Page 10 of 12 Page 19 of 383 preparation of a Commercial Project Development Agreement, and authorizing the Mayor to execute said document. Boesen/Nichols David Dreyer, 3145 W. 4th Street, questioned why we need to change what we are already doing. Mr. Feuss explained that the development agreement is for a very complex project and our city attorney has asked that we utilize Ahlers & Cooney. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-530. 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. Boesen/N ichols Mr. Boesen questioned how the cost of this contract compares with HR Green. Aric Schroeder, City Planner, provided an overview of the item. Mr. Boesen questioned if the $1 million dollar federal grant we received for clean-up in Brownsfield could be used. Aric Schroeder commented he does not think it would qualify. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-531. 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. Boesen/N ichols Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-532. Resolution approving a purchase proposal with Racom for a G2 Fire Station Alerting System, and authorizing the Fire Chief to execute said document. Nichols/Wilder Mr. Boesen requested an overview of how the project would be financed. Bridget Wood, Finance Director, provided an overview of the item. Page 11 of 12 Page 20 of 383 Mr. Feuss questioned how soon this would be implemented once approved. Chief Beck shared that it would take approximately 180 days to implement the new alerting system. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-533. 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. Nichols/Wilder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-534. ORDINANCES Ordinance establishing grades for the City of Waterloo FY 2024 Sidewalk Repair Assessment Program — Zone 3, Contract No. 1082. Wilder/Nichols 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. Roll Call vote -Ayes: Six. Motion carried. Wilder/Nichols to suspend the rules. Roll Call vote -Ayes: Six. Motion carried. Wilder/Nichols to receive, file, consider, and pass for the second and third times and adopt said ordinance. Roll Call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5772. ADJOURNMENT Wilder/Nichols that the council adjourn at 6:22 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 12 of 12 Page 21 of 383 September 11, 2024 The City Council of the City of Waterloo, Iowa, met in Special Session (via Zoom) at the office of the City Clerk at City Hall, Waterloo, Iowa, at 12:00 PM, on Wednesday, September 11, 2024. Roll Call. Mayor Pro Tem Ray Feuss in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Mr. Chiles, Mr. Simon and Mr. Feuss. Ms Wilder and Ms. Creighton -Smith were absent. Approval of Agenda Nichols/Simon that the agenda as proposed be approved. Voice vote -Ayes: Five. Motion carried. CONSENT AGENDA Feuss/Simon that the following items on the consent agenda be received and placed on file. Voice vote -Ayes: Five. Motion carried. Liquor License Dub's Pub, 1106 La Porte Rd., Class C Alcohol w/Sunday Sales (New) Exp: 8/31/25. ADJOURNMENT Nichols/Simon that the council adjourn at 12:01 p.m. Voice vote -Ayes: Five. Motion carried. Kelley Felchle, City Clerk Page 1 of 1 Page 22 of 383 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 16, 2024 AGENDA ITEM TITLE Resolution approving the request by Carrie and Alex Mass, for tax exemptions on the construction of a new single-family home valued at $552,000.00, for property located at 125 Goldcrest Court 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 Audubon Heights 7th Addition Lot 27 Page 23 of 383 ATTACHMENTS 1. 125 Goldcrest Ct Form CLURA 2. 125 Goldcrest Ct Map CLURA Page 24 of 383 For Office Use Only Date Received: Received by: Staffto 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 ofwhich can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities must be registered with the Slate of Iowa for day care use. 3. This application must be filed with City prior to the 1 u 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 constnict 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: ' 9i X ass TELEPHONE: jig-4/1,5- tV377 A. What is the Address of the property being improved? SIGNATURE: EMAIL: DATE: U (.l0z"7 VIC (IdokM41 Ci- I vviktfiv too 1 c liveA rynmQ gn1 o//COM What is the Legal Description of the property? (May be available at County Recorder's Office on 2id floor of the Courthouse) /tIv110Uv) 4 irgn 1s to prr�i ek fi n vo 2-1 B. Indicate desired exemption schedule: (1 or 2) 1. X One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year 70% c. Third Year 60% d. Fourth Year--- --50% g. Seventh Year 30% e. Fifth Year 40% h. Eighth Year 30% f. Sixth Year 40% i. Ninth Year 20% 20% j. Tenth Year 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 was the nature of the improvement(s)? D. What was the cost of the new construction? Stec ck, 600 E. Estimated or actual date of completion of this new construction? sl 2,O [ z1l 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 OnIy F. City of Waterloo Building and Inspections Department Information: Pennit Number: R9`7'LX41/ 6 Date permit was issued: 9-7.321 Total permits) valuation: 95 1 f C2 ! 3.60 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koetrigsfeld Black Ilawk County Assessor Page 25 of 383 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. Page 26 u4 83 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 16, 2024 AGENDA ITEM TITLE Resolution approving the request by Brett Robinson, for tax exemptions on the construction of a new single-family home valued at $516,000.00, for property located at 1440 Partridge Lane 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 Audubon Heights 7th Addition Lot 8 Page 27 of 383 ATTACHMENTS 1. 1440 Partridge Ln Form CLURA 2. 1440 Partridge Ln Map CLURA Page 28 of 383 For Office Use Only Date Received Received by: Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS 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: t(Ik 9-4 Ii1,5 O�- I SIGNATURE: 5114. ADDRESS: I'! O lift 44/ i/nk` ,'WI EA AIL: b re " r04�li nS I O to �l a i IL o rv` 1 TELEPHONE: Z11(l_- t 6 1f7 `T b i; t SU �' DATE: s 1 5 0 ! nz 1 A. What is the Address of the property being improved? k { 0 VaiYA-v\A.461/' ' ►'v " "U What is the Legal Description of the property? (May be available at County Recorder's Office on rd floor of the Courthouse) tM010'Vjo In W /f\tC 1 Q+ZA,( A— 1 aV vot- g B. Indicate desired exemption schedule: (I or 2) 1. X One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year 70% c. Third Year -60% d. Fourth Year 50% e. Fifth Year-- 40% f. Sixth Year 40% g. Seventh Year 30% h. Eighth Year30% i. Ninth Year 20% j. Tenth Year 20% Note: Residentially assessed properties receiving the CLURA tax abatement incentive will not receive lax 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 was the nature of the improvement(s)? D. What was the cost of the new construction? ¶ S 1 Y s w E. Estimated or actual date of completion of this new construction? QJ3ca/2-1- Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk CpuntyAssessor'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: .{r ty21 5 Date permit was issued: / 1�1MJ r.R 7 Total permit(s) valuation: Gi4Ll fr, J bC CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED; T.J. Koenigsfeld Black Hawk County Assessor Page 29 of 383 SUNBIRD CT 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. WOODSWALLOW LN 25 50 100 150 Feet 1440 Partridge Ln Page 3 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 16, 2024 AGENDA ITEM TITLE Resolution approving the request by Linda Meggers, for tax exemptions on the construction of a new single-family home valued at $384,500.00, for property located at 1427 Partridge Lane 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 Audubon Heights 7th Addition Lot 22 Page 31 of 383 ATTACHMENTS 1. 1427 Partridge Ln Form CLURA 2. 1427 Partridge Ln Map CLURA Page 32 of 383 For Office Use Only Date Received: Received by: Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS 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 lax 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 IP' 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: 1 i Aida_ e, O SIGNATURE: J _ ' _� , C `� j n/ yy� "� /tom � �+ �j ADDRESS: / 4/ e fif itti ild.,,e 44 EMAIL: Y t+• ` / / ilia r l ee %i TELEPHONE: "_)_1_r r____ i� ATE: / 3 A. What is the Address of the property being improved? (A 21 !WV 1 U 1ff<,/ What is the Legal Description of the property? (May be available at County Recorder's Office on 24'' floor of the Courthouse) 1Ot ZZ P+MOlvtton 1 givg Ii i 41ilji B. Indicate desired exemption schedule: (I or 2) 1 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 Year 60% d. Fourth Year 50% e. Fifth Year 40% f. Sixth Year 40% 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 I, 2024. C. What was the nature of the improvemenl(s)? � 1tA, FAkAn t i ✓] few vLCIAAA. h V\ D. What was the cost of the new construction? 7)� (+M1 i COO E. Estimated or actual date of completion of this new construction? 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 CB7uilding and Inspections Department Information: �j 91500 ]j /�/ 1 Permit Number: ?69 -0l�55 Date permit was issued: q.� 7 •93 Total permit(s) valuation: 1 a 1 7i 500 1 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.I. Koenigsfeld Black Hawk County Assessor Page 33 of 383 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. SUNBIRD CT GOLDCREST CT PARTRIDGE LN C) CY 1427 Partridge Ln PARTRIDGE LN 25 50 100 150 Feet PARTRIDGE LN WOODSWALLOW LN Page 3 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 16, 2024 AGENDA ITEM TITLE Resolution approving the request by Elvir Kurtovic, for tax exemptions on the construction of a new twin home unit valued at $269,000.00, for property located at 4139 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. 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 Prairie Meadow Estates, A Condominium, Unit 4139 Page 35 of 383 ATTACHMENTS 1. 4139 Omaha Ave Form CLURA 2. 4139 Omaha Ave Map CLURA Page 36 of 383 For Office Use Only Date Received: 71 `,l'j f Received by: 1..5 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 workinb 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: L: l V E b lL�I C SIGNATURE: 16/ 1 r ADDRESS: & 1 sq co nvta I-/ 4U4EMAIL: rr Ca w ok' V4 (DO TELEPHONE: i q— & O D • -7 DATE: A. What is the Address of the property being improved? e-`) 11 ? D Mc/ / Ave J� r, r/ d D What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)�) se Gee p L''>/ i` r/ B. Indicate desired exemption schedule: (1 or 2) 1. bZ One Hundred Percent (I 00%) 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 Year 60% d. Fourth Year 50% e. Fifth Year 40% f. Sixth Year -40% g. Seventh Year 3 0% 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 was the naturA gf��improvemen#(s)? D. What was the cost of the new construction? 26 I . 0 0 E. Estimated or actual date of completion of this new construction? -21 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: ROA—WiC£.JS Date permit was issued: �~ f L 9zi Total permit(s) valuation: l® G i .c0 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 37 of 383 EXIMIT "A" .it 4139 and the undivided. interest in the cormon elements appurtenant thereto in Prairie Meadow Estates, A, condominium,. recorded- in. Doc, #2017-112-85 Pa DeCeitt.fer 16, 2016; as amende.d by First Amendment in Doc. #20171391.6 recorded February 3, 20.11p as amended by Second Amendment. in Doc. #20.19-2.87.4 recOrded-=Augus,t 20, 20194 as-aniended by Third dmeat in Doc. #2020-1459 flied auly 24 , 20191. as amended. by Fourth .Amendment in DOc, 42020-1742.3 filed Aptil 9.„ 2.020; as amended by Fifth Amendment in Doc., #2021-1251 filed July 17 r 20207 as amended by Sixth Amendment in Do.a.. #2021-27125 filed Yune 22, 20211 as amended: by Seventh Amendment Doc. 42023-11154, filed. February 7, 2023; as amended by Eighth. Amendment in Doc. #2.02.3-16474 filed &Luxe 8, 2023.7. as amended .by Ninth. Imenalent in Doc.. #2.0..24-9821 filed February 7., 2024;.and as amended by Tenth Amendment in Doc. #2024-14:94-4 filed:May 2., 2024, and being laid out CM, Lots 1 through 7 and 'Qdt.lot A in Prairie Meadow Estates. Acirlition.„ Waterloo, Sawk County, Iowa. Page 38 of 383 G\ O�co O 0 z 0 O z m MOURNING DOVE DR GRINDSTONE CIR OMAHAAVE MOURNING DOVE DR GRINDSTONE CIR- I. 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. .1111 4139 Omaha Ave mEI.IM11.1.11IuII_I_I_II.I_I_I_1_I_I_I_I_INII.I.111.11.11..11.1.111..11.11.111■ Page 35 of 383 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 16, 2024 AGENDA ITEM TITLE Resolution approving the request by Saw Maung and Maria Than, for tax exemptions on the construction of a new single-family home valued at $315,000.00, for property located at 1235 W. 7th 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 residential 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 Williston Field Addition Lot 5 Page 40 of 383 ATTACHMENTS 1. 1235W7thStFormCURA 2. 1235 W 7th St Map CURA Page 41 of 383 z 0 P4 0 to « 5' ti • i >, aq 0 `� ,... .� -0 v 'c ' --at O v4. c a 0 H cd cd 0 CV p 73 > 5 G g 0♦ a 0 4)) a1 0 cd 2 a) O O +-' ccdd Vii 0 cd v 0 0w. O 0 a-. cd cd C. s, Ea)C .-� 4) 'd 0 0 > 3 y .2 4) 0 = 0 0 . i7 O> 4, °E E 1.0 o 0 O 5 Y cg v O 0'] 0 p.o; e. w, d 0 ,I-, sU. '4-..4. O O F d Ag O - O I.. 3 Cl. i. U O scio, o- Q. a) 0 L- j i"UC C 'ENE ,-C 3 V 0 C.)O 0 O 0 0 * -0 0 3 cd 0 - 0 s 0 cd n a +' 3 'n 4. T C C.)O a) cd td •° O 0,o R. d >?�v,� V 0 br)cd V 4) 0 X a' -+ +-' O O 61) .0 p 4) 7 0 N U ed- ,.., U .D .d .0 4) p .o ' R. 4� +j tj 3 '" .0 = �" ice,, O ,tA cd O L ° o 0 0 0 cd U a) 2 O . > bA .> 2 og.twE0 a).0 c•i r� v Please fill out the following information for your application to be submitted to the City Council. fi TELEPHONE: 4) thy 0 )- 0 0 0 V 4 cd 4 ,.0 r• d cd 0 L c.. bl) 'a 2 - a) 4) 4+ (. 0 B. Indicate desired exemption schedule: (1 or 2) En 6 0 4) N �v0i 0 on E . 0 'O cci on �2 >b 0 a7+ U U o cd -5 4) 0 4) o, v, O Ems-, .0 -0 L. 0 oo 4) 4) o c) a 0 o ••., 0 o 0 U O a� • v 0 4) ca 4) cd o d biL a o GOO O 4) 0. rY 0 a) N O O 00 0 o. . o r.0 0 U cd • 00 re, N 4 v R Ncy 4) 4) SI. H (A as w v) tU. snd 440 .4 0 0) z-d 0 4- 0 0 0 4) b 0 • E. What was the cost of the improvement? F. Estimated or actual date of completion of these improvements? 04) zz DO NOT Write Below this line — Office Use Only G. City of Waterloo Building and Inspections Department Info Total permit(s) valuatio Date permit was issued: 4) 1 z 1 RESOLUTION NO: A A BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED Page 42 of 383 PLEASANT ST PLEASANT ST PLEASANT ST 2 1235 W 7th St 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. WILLISTON AVE 0 25 50 100 150 Feet Page 43 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving the request of Jesse Tucker for a waiver for a concrete driveway, located at 1110 Minnesota Street, with the elimination of the sidewalk section due to inability to meet grade requirements. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway at 145 Lovejoy Avenue. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 44 of 383 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. DW Waiver 1110 Minnesota St Page 45 of 383 WAIVER Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a Ceou I1.e. driveway or sidewalk located at (concrete or asphalt) 11ID IMin1r1GS04-47. Sk (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick), elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: 1 agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, (Please make payment to: City of Waterloo.) Printed Name of Property Owner Sign,hire of Property Owner Page 46 of 3831 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving the request of Tom Nagle, for a waiver for a concrete driveway, located at 1029 Thorndale Avenue, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.AII work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 47 of 383 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. DW Waiver 1029 Thorndale Ave Page 48 of 383 WAIVER Date: (ah iq I Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: hereby request a waiver to the driveway and sidewalk specifications for the construction of a Con 1rt4G driveway or sidewalk located at (concrete or asphalt) 102C% Ave. (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. ,�/ elimination of the sidewalk section for asphalt driveways. !1 placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1_ To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, "r0/t'l W' 6LE BI?EJ01 M1LL&Z (Please make payment to: City of Waterloo.) Printed Name of Property Owner Signature of Property Owner Page 49 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving the request of Dan Noel, for a waiver for an asphalt driveway, located at 215 N. Hackett Road, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.AII work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 50 of 383 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. DW Waiver 215 N Hackett Rd Page 51 of 383 WAIVER Date: Ce7\ti11 �N Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a As ptNar-ice` driveway or sidewalk located at (concrete or asphalt) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk suction due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. l placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: l agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.0°) for the purpose of recording this agreement. (Please make payment to: City of Waterloo.) Respectfully submitted, DaN ►Jo�L Printed Name of Property Owner Signature of Property Owner Page 52 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 17, 2024, and date of public hearing as October 21, 2024, in conjunction with the FY 2025 prefabricated shelter at 1700 Idaho Street, for the Municipal Telecommunications Utility Project, Contract No. 1112, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 53 of 383 1. F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST CONTRACT 1112 2. Attachment A - Conceptual Shelter Layout 3. Attachment B - Equipment Rack Elevations 4. Attachment C - Estimated Power and Cooling Specifications 5. Attachment D - Site Location 6. Attachment D - Site Location 7. Attachment E - Prefabrication Data Center Bid Specs Page 54 of 383 PROJECT MANUAL FOR F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST CITY OF ���TERLOO IOWA Community of Opportunity CONTRACT NO. 1112 Page 55 of 383 F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST CONTRACT NO. 1112 CONTRACT DOCUMENTS TABLE OF CONTENTS Highlighted items must be included with bid. 1. NOTICE OF PUBLIC HEARING 2. NOTICE TO BIDDERS 3. INSTRUCTIONS TO BIDDERS 4. FORM OF BID OR PROPOSAL 5. FORM OF BID BOND 6. NON -COLLUSION AFFIDAVITS 7. EQUAL OPPORTUNITY CLAUSE 8. TITLE VI CIVIL RIGHTS 9. BIDDER STATUS FORM 10. AFFIRMATIVE ACTION PROGRAM 11. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION A. SUBCONTRACTOR'S BID REQUEST FORM, B. LETTER FORM FOR SUBCONTRACTOR QUOTES (CCO-3) C. MBE/WBE SCOPE LETTER, (CCO-4) D. MBE AND/OR WBE PREBID CONTACT INFORMATION FORM (CCO-4A) E. MBP/WBE LETTER OF INTENT TO BID (CCO-5) 12. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTOR'S GUIDE 13. STATEMENT OF BIDDER'S QUALIFICATIONS 14. GENERAL SPECIAL PROVISIONS 15. SPECIAL PROVISIONS 16. GENERAL SPECIFICATIONS FOR CONSTRUCTION 17. SUPPLEMENTAL GENERAL SPECIFICATIONS FORCONSTRUCTIONS 18. FORM OF CONTRACT 19. FORM OF PERFORMANCE, PAYMENT, AND MAINTENANCE BOND ATTACHMENT A — ATTACHMENT B — ATTACHMENT C ATTACHMENT D ATTACHMENT E — Conceptual Shelter Layout Equipment Rack Elevations — Estimated Power and Cooling Specifications — Site Location Prefabrications Data Center Bid Specs NOTICE OF HEARING CONTRACT NO. 1112 Page 1 of 1 Page 56 of 383 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST In the City of Waterloo, Iowa CONTRACT NO. 1112 PUBLIC HEARING The City Council of Waterloo, Iowa, will hold a public hearing on the proposed Plans, Specifications, Form of Contract, and Estimate of Costs for the construction of said improvements at 5:30 p.m. on the 21St day of October 2024, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. The Board of Trustees of the Municipal Telecommunications Utility will hold a public hearing on the proposed Plans, Specifications, Form of Contract, and Estimate of Costs for the construction of said improvements at 4:00 p.m. on November 20, 2024, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a prefabricated concrete communication shelter that will securely house the network equipment, power systems, and supporting environmental components required to operate the Waterloo Fiber FTTU network for the Owner. The shelter will be located at 1700 Idaho St, Waterloo, IA 50703. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE OF HEARING CONTRACT NO. 1112 Page 1 of 1 Page 57 of 383 NOTICE TO BIDDERS For the Taking of Bids for the F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST REQUEST FOR QUOTE In the City of Waterloo, Iowa CONTRACT NO. 1112 RECEIVING OF BIDS On behalf of the City of Waterloo and the Municipal Telecommunications Utility of the City of Waterloo, notice is hereby given that sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 17th day of October 2024 until 1:00 p.m. for the construction of the F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST, CONTRACT NO. 1112. as described in detail in the plans and specifications now on file in the Office of the City Clerk. Proposals received after the deadline for submission of bids as stated herein shall not be considered and shall be returned to the late bidder unopened. OPENING OF BIDS All proposals received will be opened in the City Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 17th day of October 2024 at 1:00 p.m. Proposals will be considered by the Board of Trustees of the Municipal Telecommunications Utility at its meeting at 4:00 P.M. on November 20, 2024, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. The Board may approve awarding a Contract at said meeting, or at such other time and place as shall then be announced. Proposals will be considered by the City of Waterloo City Council at its meeting at 5:30 P.M. on October 21, 2024, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council anticipates making the award of Contract at its meeting at 5:30 P.M. on November 4, 2024, or at such other time and place as shall then be announced. PUBLIC HEARING The City Council of Waterloo, Iowa, will hold a public hearing on the proposed Plans, Specifications, Form of Contract, and Estimate of Costs for the construction of said improvements at 5:30 p.m. on the 21st day of October 2024, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. The Board of Trustees of the Municipal Telecommunications Utility will hold a public hearing on the proposed Plans, Specification, Form of Contract, and Estimate of Costs for the construction of said improvements at 4:00 p.m. on November 20, 2024, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. SCOPE OF WORK The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a prefabricated concrete communication shelter that will securely house the network equipment, power systems, and supporting environmental components required to operate the Waterloo Fiber FTTU network for the Owner (the Project). The shelter will be located at 1700 Idaho St, NOTICE TO BIDDERS CONTRACT NO. 1112 Page 58 of 383 Waterloo, IA 50703 (See Attachment D — Site Location). The Owner is seeking a Base Bid, a Base Bid with Alternate A Configuration, and a Base Bid with an Alternate B Configuration. The Total of the Base Bid plus any Alternates selected by the Owner shall be used for comparison of bids. The Total of the Base Bid plus all Alternates shall be used for determining the sufficiency of the bid security. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed." The "Notice to Proceed" is expected to be issued on or about November 21, 2024. The Project shall be substantially completed on or before May 1, 2025. METHOD OF PAYMENT TO CONTRACTOR Payments will be made on the basis of estimates prepared by the Contractor and approved by the Engineer, solely for the purpose of payment; approval by the Engineer, or the City Council, shall not be deemed as approval or acceptance of the workmanship or materials. The Contractor will be compensated for 95% of the work completed during a payment period, with the remaining 5% being retained in accordance with the Iowa Code. Regular payments approved by the Engineer will be made following the next scheduled City Council meeting. Final payment will be made thirty-one (31) days after completion of the work and final acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men, and laborers have been paid. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by the City of Waterloo which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available for review only from the Engineering Department. Complete digital Plans and Specifications are available at: https://www.cityofwaterlooiowa.com/government/municipalgovermentbids.php . Please DO NOT obtain Bid Documents from any source other than the City of Waterloo, Iowa. Obtaining documents through any other source could prevent Bidder from being included on the official Plan Holders List, which, in turn, may cause the Bidder to not receive addenda or other time -sensitive / bid -critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. Upon award of project, the prime contractor, subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. Project Calendar Anticipated Events Dates: • Issuance of the Notice to Bidders • Non -Mandatory Bidder Conference (Microsoft Teams) • Final Submission of Bidders' Questions • Response to Bidders' Questions September 19, 2024 September 24, 2024 September 27, 2024 October 4, 2024 NOTICE TO BIDDERS CONTRACT NO. 1112 Page 59 of 383 • Proposal Submission Date • City consideration of bids • City public hearing on Plans, Specifications, Form of Contract & Estimate of Cost • City Award of Contract • Utility public hearing on Plans, Specifications, Form of Contract & Estimate of Cost • Utility consideration of bids & approval of award of contract • Contract Signed • Shelter Delivered and Offloaded by seller • All Contracts Must Have Obligations Complete by October 17, 2024 October 21, 2024 October 21, 2024 November 4, 2024 November 20, 2024 November 20, 2024 November 21, 2024 February 27, 2025 May 9, 2025 NOTICE TO BIDDERS CONTRACT NO. 1112 Page 60 of 383 CONTRACT AWARD A contract will be awarded to the lowest responsive, responsible bidder. The lowest responsive, responsible bidder will be determined based on the sum of the Base Bid plus any Alternates selected by the Owner. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the responsibility of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer -generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer - generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. NOTICE TO BIDDERS CONTRACT NO. 1112 Page 61 of 383 MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract guaranteeing the maintenance of the improvement caused by failures in materials and construction for a period of two (2) years from and after acceptance of the Contract. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of one thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified contract period for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. NOTICE TO BIDDERS CONTRACT NO. 1112 Page 62 of 383 BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non- Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. SALES TAX EXEMPTION CERTIFICATES This project is subject to sales tax. The Contractor will keep track of sales tax as required by the State of Iowa. The City may apply for a sales tax refund on portions of the project after City Council acceptance. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS CONTRACT NO. 1112 Page 63 of 383 INSTRUCTIONS TO BIDDERS 1. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing on or before September 27, 2024. Any interpretation made will be in the form of an addendum to the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form. Oral explanations or instructions given before the award of the contract will not be binding. 2. EXAMINATION OF PROPOSED WORK Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Notice to Bidders, the Specifications or related documents, or any addenda thereto. 3. PREPARATION OF BIDS a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer -generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer -generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. b. The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or a combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. c. Unless called for, alternate bids will not be considered. d. In preparing his bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which he proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e., $7.14). In items where unit price is required, the total amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank spaceprovided. If the bidder chooses to submit the unit prices, total bid price, and total bid on a computer -generated spreadsheet, all numbers shall be easily legible. e. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which contains a clause in which the contractor reserves the right to accept or reject a contract awarded him by the city Council of Waterloo. Bids in which the unit prices are obviously unbalanced INSTRUCTIONS TO BIDDERS Page 64 of 383 may be rejected. f. If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the project proposal whether any preference to resident bidders, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country is in effect in the nonresident bidder's state or country of domicile at the time of a bid submittal. 4. SUBMISSION OF BIDS a. A bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid security in a separate envelope. If forwarded by mail, the two envelopes shall be placed in a third and mailed to the City Clerk. All bids must be filed with the City Clerk of the City of Waterloo at her office in the City Hall before the time specified for closing bids. b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. 6. PUBLIC OPENING OF BIDS Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or byrepresentative. 7. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. INSTRUCTIONS TO BIDDERS Page 65 of 383 8. COLLUSIVE AGREEMENTS a. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he as not colluded with any other person, firm, or corporation in regard to any bid submitted. b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM The City of Waterloo Minority and/or Women Business Enterprise Pre -Bid Contact Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. 10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set -aside or quotas, but only flexible goals where "good -faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good -faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make "good -faith efforts." The key to the requirement is to make documented efforts. Goals are neither set -a -sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set -a -sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal -setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. INSTRUCTIONS TO BIDDERS Page 66 of 383 Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, sex, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set -Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. Contractor: As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE) Any business, which is at least 51 %, owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list. Women Business Enterprise (WBE): Any business which is at least 51 % owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian -Pacific Americans. 13 C.F.R. 124- 1.1(c)(3)(ii) (1983). Lowest Responsible Bidder: Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. Broker: One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal - No Action necessary 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. INSTRUCTIONS TO BIDDERS Page 67 of 383 CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer's discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: * Making portions of the work available for MBE/WBE subcontracting * Evidence of negotiating with MBE/WBE firms * MBE/WBE quotes obtained and non-MBE/WBE quotes used * Reasons agreements were not reached * Follow-up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding, lines of credit, insurance, etc. * Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. RESPONSIBILITIES 1. City ofWaterloo A. The City Contract Compliance Officer has the responsibility to assure the City's compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Depai tiuent of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. INSTRUCTIONS TO BIDDERS Page 68 of 383 D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid andwithin two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good -faith efforts in following the MBE/WBE Contract Compliance Program. Good -faith efforts include, but are not limited to, the following: A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of theMBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (FormCCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre -Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or non -responsive. c. Documentation of other business -related reason for not selecting the MBE/WBE business fora subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. II. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002. B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submita Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested inbidding. INSTRUCTIONS TO BIDDERS Page 69 of 383 If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NON-COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor's actions are not consistent with the requirements ofthe Contract Compliance Program in the areas of employment and subcontracting. B. A bidder's failure to show good -faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/her recommendation on anynon- compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good -faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 11. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low-income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. 12. STATEMENT OF BIDDER'S QUALIFICATIONS The apparent lowest bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications, his experience record in constructing the type of improvements embraced, and his organization and equipment available for the work contemplated; and, when specifically requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly the terms of the contract. 13. AWARD OF CONTRACT a. Award of contract will be made to the lowest responsive, responsible bidder. The intention is to award the contract at the City Council meeting on November 4, 2024, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty (30) days. INSTRUCTIONS TO BIDDERS Page 70 of 383 b. The City Council reserves the right to reject any or all bids or waive any informality in bids received. c. The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description. Should there be any discrepancy between the unit bid price in words and listed numeral unit bid price, the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer -generated spreadsheet as herein provided shall also be acceptable. Proposals requiring mathematical computations to determine unit prices or totals will be rejected. A contract will be awarded to the lowest responsive, responsible bidder submitting the lowest total bid, or for the BASE BID plus ALTERNATE(S), as applicable, chosen by the City as indicated in the NOTICE TOBIDDERS. d. A resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident. 14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF INSURANCE a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an agreement in the form included in the contract documents in such number of copies as the City of Waterloo, Iowa, may require. b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "a" above, furnish a performance bond and a payment bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. The bonds shall protect and save harmless the City from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice to Bidders from and after completion of said improvements and their acceptance by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bonds. c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F. No. 4 "Liability Insurance" Pages 11 to 12 of 14 Pages. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Workmen's Compensation Laws. d. In case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. 15. BIDDER STATUS INSTRUCTIONS TO BIDDERS Page 71 of 383 Attention of bidders is called to the requirement of complying with the provisions of the Resident Bidder/Non-Resident Bidder requirement. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. INSTRUCTIONS TO BIDDERS Page 72 of 383 FORM OF BID OR PROPOSAL F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST CONTRACT NO. 1112 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST, CONTRACT NO. 1112, all in accordance with the above -listed documents and for the lump sum for work in place for the following items and quantities: F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST CONTRACT NO. 1112 Description Total Cost TOTAL DIVISION 1 BASE BID $ ALTERNATE A - A/B DC Power and Battery System for Redundancy $ ALTERNATE B - Second DC Power and Battery System for Redundancy $ TOTAL DIVISION 1 BASE BID + ALTERNATE A CONFIGURATION $ TOTAL DIVISION 1 BASE BID + ALTERNATE B CONFIGURATION $ FORM OF BID CONRACT NO. 1112 Page 1 of 3 Page 73 of 383 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. The undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Dollars ($_ in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Bidder Status Form. 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre -bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. (Name of Biaaer) (Date) BY: Title FORM OF BID CONRACT NO. 1112 Page 2 of 3 Page 74 of 383 Official Address: (Including Zip Code): I.R.S. No. FORM OF BID CONRACT NO. 1112 Page 3 of 3 Page 75 of 383 1 BID BOND KNOW ALL BY THESE PRESENTS: Sample Bid Bond Form That we, , as Principal, and as Surety, are held and firmly bound unto , as Obligee, (hereinafter referred to as "the Jurisdiction"), in the penal sum of dollars ($ ), or percent of the amount bid in lawful money of the United States, for which payment said Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. The condition of the above obligation is such that whereas the Principal has submitted to the Jurisdiction a certain proposal, in a separate envelope, and hereby made a part hereof, to enter into a contract in writing, for the following described improvements; F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST, CONTRACT NO. 1112 The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a prefabricated concrete communication shelter that will securely house the network equipment, power systems, and supporting environmental components required to operate the Waterloo Fiber FTTU network for the Owner (the Project). The shelter will be located at 1700 Idaho St, Waterloo, IA 50703 (See Attachment D — Site Location). Page 76 of 383 (CONT. BID BOND) Project Name The Surety hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Jurisdiction may accept such bid or execute such Contract; and said Surety does hereby waive notice of any such extension. In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the venue thereof shall be County, State of Iowa. If legal action is required by the Jurisdiction against the Surety or Principal to enforce the provisions of the bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Surety or Principal agrees to pay the Jurisdiction all damages, costs, and attorney fees incurred by enforcing any of the provisions of this Bond. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against Surety for any amount guaranteed hereunder whether action is brought against Principal or whether Principal is joined in any such action or actions or not. NOW, THEREFORE, if said proposal by the Principal be accepted, and the Principal shall enter into a contract with Jurisdiction in accordance with the terms of such proposal, including the provision of insurance and of a bond as may be specified in the contract documents, with good and sufficient surety for the faithful performance of such contract, for the prompt payment of labor and material furnished in the prosecution thereof, and for the maintenance of said improvements as may be required therein, then this obligation shall become null and void; otherwise, the Principal shall pay to the Jurisdiction the full amount of the bid bond, together with court costs, attorney's fees, and any other expense of recovery. Signed and sealed this day of , 20 . SURETY: PRINCIPAL: Surety Company Bidder By By Signature Attorney-in-Fact/Officer Signature Printed Name of Attorney-in-Fact/Officer Printed Name Company Name Title Company Address Address City, State, Zip Code City, State, Zip Code Company Telephone Number Telephone Number NOTE: All signatures on this bid bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. This bond must be sealed with the Surety's raised, embossing seal. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. Page 77 of 383 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) ss County of ) , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer,Representative, or Agent) , of , the Bidder that has submitted the attached Bid; 2. He is fully -informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid: 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me this (Signed) l Ale 1 itle day of , 20. My commission expires Page 78 of 383 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) ss: County of being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the project in (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me this title day of , 20. title My commission expires Page 79 of 383 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program —Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) (Title) (Date) Page 80 of 383 TITLE VI CIVIL RIGHTS During the performance of this contract, the contractor (for itself), its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non-discrimination in Federally assisted programs of the DOT Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non- discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Contracting Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such contract sanctions as they may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided,however, TITLE VI CIVIL RIGHTS Page 1 of 2 Page 81 of 383 that, in the event of a contractor becomes involved in, or it threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT; and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. TITLE VI CIVIL RIGHTS Page 2 of 2 Page 82 of 383 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: O O O a O Yes 0No Yes O No Yes ONo Yes ONo Yes ONo My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity, or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Paris B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Paris C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: Dates: / / to / / Address: City, State, Zip: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? Yes No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Signature: Date: Page 83 of 383 You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Page 84 of 383 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. Yes ONo 0 Yes ONo Yes cNo • YesNo • YesNo 0 YesNo • Yes CD. No 0 YesNo YesNo 0 Yes° No 0 YesNo My business is currently registered as a contractor with the Iowa Division of Labor. My business is a sole proprietorship, and I am an Iowa resident for Iowa income tax purposes. My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state and has not filed a statement of termination. My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) Page 85 of 383 Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor I. Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number ( ) Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number) Name of Equal Employment Officer Name of Project Project Contract Number Estimated Construction Work Dates / Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number ( ) Subcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer AFFIRMATIVE ACTION PROGRAM Page 1 of 8 Page 86 of 383 A. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Name Ethnic Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II. EMPLOYER'S POLICY (Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E. will give training (Name ofCompany) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. AFFIRMATIVE ACTION PROGRAM Page 2 of 8 Page 87 of 383 III. AFFIRMATIVE ACTION A. recognizes that the effective application of a policy of (Name ofCompany) merit employment involves more than just a policy statement, and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. will undertake the following six (6) steps to improve (Name ofCompany) our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. will take whatever steps are necessary to (Name ofCompany) ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, T V ); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. D. will seek qualified minority, female, and local group applicants (Name of Company) for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. will encourage other companies, with whom we are (Name ofCompany) associated and/or do business, to do the same and we will assist them in their efforts. AFFIRMATIVE ACTION PROGRAM Page 3 of 8 Page 88 of 383 H. has taken the following Affirmative Action to ensure that (Name of Company) minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write "NONE") 1. 2. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. 2. J. will require approved Affirmative Action Programs from (Name of Company) all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non -minority contractors have adequate representation of minority, female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of specific actions relative to (Name of Company) recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: N. Minority Parity = .08 (8%) (Name of Company) Affirmative Action Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 20 , please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. *Goals for Minorities: Goals for Women: *Your affirmative action goals should be between 1 % and 10% or more for minorities and 1 % and 5% or more for women. AFFIRMATIVE ACTION PROGRAM Page 4 of 8 Page 89 of 383 INDICATE: Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 20 . Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984- 142(4). CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H AFFIRMATIVE ACTION PROGRAM Page 5 of 8 Page 90 of 383 We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: AFFIRMATIVE ACTION PROGRAM Page 6 of 8 Page 91 of 383 DESCRIPTION OF JOB CATEGORIES 1. Officials/Manager: Occupations in which employees set broad policies, exercise overall responsibility for execution of all policies, or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs and inspectors and kindred workers. 2. Professionals: Occupations, which require specialized and theoretical knowledge, which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations, which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post -secondary school education and through equivalent on-the-job training. Includes: computer programmers and operations, draftspersons, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paper work required in an office. Includes: bookkeepers, messengers, office machine operators, clerk -typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs, which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work, which is acquired through on-the-job training programs. Includes: Mechanics and repairmen, electricians, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesmen, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. 7. Operatives (semi -skilled): Workers who operate machine or processing equipment or perform other factory - type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades, metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motormen, oilers and greasers, (except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers, weavers, (textile), welders and flame cutters and kindred workers. 8. Laborers (unskilled): Workers in manual occupations, which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifting, digging, mixing, loading and pulling operations and kindred workers. AFFIRMATIVE ACTION PROGRAM Page 7 of 8 Page 92 of 383 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-job): Production... persons in formal training for craftsmen when not trained under apprentice programs --operative laborer, and service occupations. White Collar... persons engaged in formal training for clerical, managerial, professional, technical, sales, office and clerical occupations. AFFIRMATIVE ACTION PROGRAM Page 8 of 8 Page 93 of 383 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST, CONTRACT NO. 1112, that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. All listed items are eligible for bid. MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a two percent (2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the Pre -Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4429 ITEMS OF POTENTIAL MBE/WBE PARTICIPATIONS CONTRACT 1112 Page 1 of 1 Page 94 of 383 Contract No.: SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD Letting Date: I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of (description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must be submitted to the company office by and (Date) (Time). Subcontractor's Company Name Subcontractor's Signature Date Prime Bidder's Signature Date Page 95 of 383 LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: Dear (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. If interested in bidding your proposal must be turned in to this office by and (Date) (Time) Sincerely, (Prime Contractor's Representative) Form CCO- 3 (11/28/2001) Page 96 of 383 CITY OF �J<<�TERLOO J IOWA wr,IJrwaxy of upportotury MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM Prime Contractor Name: Project: Letting Date: NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: Title: Date: SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions may be directed to Contract Compliance Office 319-291- 4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Rudy Jones, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE -BID MBE/WBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted (Form CCO-4) Rev. 06-20-02 Page 97 of 383 MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM INSTRUCTIONS Prime Contractor Responsibilities: Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE businesses are provided the opportunity to participate in the performance of contracts and subcontracts. Prime contractors are required to assist MBE/WBE businesses in overcoming barriers to participation, and must make good faith efforts to secure bids from, and award subcontracts to, MBE/WBE businesses. For all contract bids of $50,000 or more, the following is required to demonstrate good faith efforts in accordance with this policy: 1. "MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM" submitted with the prime contractor bid, properly completed and signed on Form CCO-4 (Rev. 06-20-02). Please note that this document must include all subcontractor contacts, bids received, and awarded - not just those related to disadvantaged business enterprise vendors. 2. A minimum of three (3) MBE/WBE business contacts must be made and documented, if there are at least three (3) MBE/WBE businesses offering services in the areas to be subcontracted (see City of Waterloo MBE/WBE Certified List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If you have submitted a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the certification from another government agency. 3. Contacts to each MBE/WBE businesses are required to be a minimum of seven (7) working days prior to the date the prime contractor submits the bid to the City of Waterloo. 4. The following documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM" for each MBE/WBE business contacted: a. A copy of the bid received from the MBE/WBE, OR b. If no bid was received, a copy of correspondence received from the MBE/WBE with a "no bid" response, OR c. If no response was received, a copy of the solicitation sent to the MBE/WBE with proof of mailing attached. 5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM" on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or was n o n -responsive. c. Documentation of other business -related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by the Prime Contractor. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. Subcontractors Responsibilities: 1. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If the City Contract Compliance Officer does not receive sufficient scope letters seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and an MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. Form CCO-4A Rev. 07-08-02 Page 98 of 383 LETTER OF INTENT TO BID (MBE/WBE LETTER) According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items, which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: Your Company Name: Address: Phone: Date: List of Specific items to be bid: Item No. Description: Item No. Description: Item No. Description: Item No. Description: (Subcontractor's Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex, Suite 202 Waterloo, IA 50703 Phone: (319) 291-4429 Form CCO-5 (06-20-2002) Page 99 of 383 CERTIFIED MBE/WBE CONTRACTORS CITY OF WATERLOO, IOWA CITY OF %!WATERLOO IOWA Community of Opportunity Contract Compliance Office Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: http://www.cityofwaterlooiowa.com/contractcompliance Contact: Rudy Jones, Community Development Director Email: rudyjones( waterloo-ia.org Phone: (319) 291-4429 Fax: (319) 291-4431 Page 100 of 383 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 Pager: (319) 235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLATWORK, POURED WALLS —ALL TYPES, FOOTINGS, LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319) 493-2542 FAX: (319) 236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION Page 101 of 383 GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 Contact: David L. Greer, Sr. Specializing in: ROOFING & GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION D & D CONSTRUCTION 1124 West Donald Street Waterloo, IA 50703 Phone: (319) 961-4208 Contact: Darrell E. Caldwell, Sr. Specializing in: ROOFING AND GENERAL CONSTRUCTION E. CASTRO ROOFING 702 Riehl Street Waterloo, IA 50701 Phone: (319) 215-5683 Contact: Emillio Castro Specializing in: ROOFING, SIDING, GENERAL CONSTRUCTION Page 102 of 383 CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: COMMERCIAL AND INDUSTRIAL PAINTING PETERMAN & HAES CARPET ONE* 4003 University Waterloo, IA 50701 Phone: (319) 233-6131 Fax: (319) 233-6133 Certified: City of Waterloo WBE Email: JR11486@cfu.net Contact: Carol Reese Specializing in: FLOOR COVERING * DENOTES WOMEN BUSINESS ENTERPRISE Page 103 of 383 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered, and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS Page 1 of 2 Page 104 of 383 Dated at State of ) County of ) , this day of , 20_ ) ss: tName of Bidder) By: Title: , being duly sworn deposes and says that he is of and that the answers to the (Name of Organization) to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this Signature My commission expires day of , 20. Notary Public STATEMENT OF BIDDERS QUALIFICATIONS Page 2 of 2 Page 105 of 383 GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labor, equipment, and materials and performing all operations, in connection with THE F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST, CONTRACT NO. 1112, as shown on the contract drawings and in accordance with these specifications. The contract drawings, which accompany and form a part of this contract and specifications are dated July 31, 2024. They have the general title of Conceptual Shelter (Attachment A) 2. CONFLICTING SPECIFICATIONS All requirements of other specifications contained in the contract documents, which conflict with the provisions of the special provisions will be considered void. 3. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor. 4. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility. GENERAL SPECIAL PROVISIONS CONTRACT 1112 PageP1a%4106 of 383 5. REMOVED MATERIALS All materials removed as part of this Contract shall remain the property of the City unless the City determines that the materials are not salvageable and the City does not want to retain ownership of the materials. Materials designated in the field by the Engineer as nonsalvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 6. OVERHAUL Overhaul will not be paid for "surplus material" obtained from any of the items of construction under this contract. The cost of overhaul will be considered as incidental to the items to which it applies. 7. MAILBOXES/STOP SIGNS The Contractor shall notify the United States Postal Department of mailboxes, which interfere with any part of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment but will be considered incidental to the item to which it applies. The removal and replacement of stop signs will not be considered for direct payment but will be considered incidental to the item to which it applies. 8. PAY ITEMS All pay items are listed in the proposal and shall include the purchase of all materials, delivery of these materials, and furnishing all labor, plant and miscellaneous work needed to make the item complete. All such cost shall be incidental to the proposed item to which it applies and shall not be considered for separate payment. 9. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall, immediately upon execution and delivery of the contract, before the first estimate for payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item. 10. PERMISSION TO HAUL OVER STREETS. RAILROADS AND HIGHWAYS The Contractor will be required to secure, from the proper authorities, permission or permit which may be required to haul over streets, highways, railroads or private property, and any hauling operations of the Contractor shall be subject to the requirements of such permits, permission, and to all applicable regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads, highways and private property. Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal. 11. CONSTRUCTION SCHEDULING The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The City Engineer may change the schedule to accommodate changing construction conditions. The Contractor shall coordinate the work under this contract with contractors performing work under other contracts which may be performed concurrently. GENERAL SPECIAL PROVISIONS CONTRACT 1112 Pagel:2 4107 of 383 The Contractor shall be responsible to notify the Police, Fire, Street and Engineering Departments of the closing and opening of streets. The Contractor shall commence work within ten (10) days after receipt of the "Notice to Proceed" and diligently execute the work of the contract to completion. 12. PRE -CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre -construction conference to discuss problems and schedules of contracts. 13. UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone, and cable television cables or wires from the various utility companies and the City electrician before starting any excavation. The Contractor shall be responsible for any damage to any underground utilities. The Contractor shall expose those utilities indicated on the plans so that elevations may be determined before beginning construction. This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located, the resolution of the additional costs incurred shall be made between the Contractor and the respective utility company. 14. TRAFFIC SIGNS AND STREET SIGNS The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that will be affected by construction removed and replaced when the work has been completed. 15. TRAFFIC CONTROL DURING CONSTRUCTION The Contractor shall, at his own expense and without further or other order, provide, erect and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs or other adequate protection, as required by the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices" and shall provide, keep and maintain such barricades, signs, etc., as may be required or as may be ordered by the Engineer, to ensure the safety of the public as well as those engaged on the work. All barricading plans shall be reviewed by the Engineer. The Contractor shall determine, provide and obtain approval from the City Engineer on all detour locations for all street closings, barricades and posting prior to construction. These shall meet requirements of the City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police, Fire and Street Departments when the street is closed for construction. All barricading shall be in accordance with the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices." Encapsulated lens sheeting is not required on this project. 16. GRADES. LINES. LEVELS AND SURVEYS All necessary grades, lines, levels and surveys shall be established and maintained by the Contractor. The Contractor shall verify all grades, lines, levels and dimensions as sown on the drawings, and he shall report any errors or inconsistencies in the same to the City Engineer before commencing work. 17. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in GENERAL SPECIAL PROVISIONS CONTRACT 1112 PageP3aa4108 of 383 accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection but shall be considered incidental to other items of work. The public shall be kept outside of any work area. 18. WORKING ON SATURDAYS. SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Engineer in writing forty-eight (48) hours in advance if work on Saturday is planned. By noon the Friday before the planned Saturday work, the Contractor shall confirm the Saturday work schedule with the project inspector. Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard Specifications. The Contractor shall not work the following days in 2024 due to City holidays: o January 1, 2024 o January 15, 2024 o May 27, 2024 o June 19, 2024 o July 4, 2024 s September 2, 2024 o November 11, 2024 o November 28, 2024 o November 29, 2024 o December 24, 2024 o December 25, 2024 o January 1, 2025 GENERAL SPECIAL PROVISIONS CONTRACT 1112 Page 4 of 4 Page 109 of 383 GENERAL SPECIFICATIONS FOR CONSTRUCTION SECTION A - SECTION B - SECTION C SECTION D SECTION E SECTION F - CITY OF WATERLOO, IOWA Department of Engineering Definitions of Terms Scope of work - Control of Materials and Work - Procedure and Progress - Measurements and Payments Legal Relations and Responsibility SECTION A - DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract, acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa. 3. ENGINEER. The City Engineer of Waterloo, Iowa, representative. or his authorized 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefor and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications, or his authorized representative. 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Council, contracted with the Contractor to execute and perform in his stead all or any part of the contract. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all, or a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. 10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form, for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the contract of which these specifications are a part, which change or supplement these specifications. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 1 age 110 of 383 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions, definitions, and instructions set forth in the official publications relating to the work, the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council, official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion, both dates inclusive. The contract period may be extended by the Council, as provided in these specifications, in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B - SCOPE OF WORK 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 2 9fae 111 of 383 The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character and location of the work, the conformance to the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the Engineer immediately, in writing, and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor, the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. 6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted by agreement or in accordance with the dispute resolution procedures identified herein such changed work is undertaken. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such c h an g e. 7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However, when the work is completed without change in the plans, and the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Party to the contract may request such an adjustment. 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with the right of access to same. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 3 9:a e 112 of 383 the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319-232- 6280. 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. 11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C - CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. Materials and construction work shall, at all times, be subject to the inspection of the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and for inspection. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 4 `e 113 of 383 If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and, in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed; also, to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the force increased or diminished, and to decide questions which arise in the execution of the work. 4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to the dispute resolution procedures identified herein. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused, by their loss or disturbance. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 5caWe 114of383 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error, inconsistency, or omission which he may discover. 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority, will be considered as unauthorized and at the expense of the Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor's expense. 8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly remove from the premises all materials condemned by the engineer as failing to conform to the Contract; whether incorporated in the work or not, and the Contractor shall promptly replace and re -execute his own work in accordance with the contract and without expense to the City, and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removalwithin a reasonable time thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of removal, the City may deduct the balance from any amounts due the Contractor. 9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. Materials shall be of the quality specified for each particular part of the work. Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work, it is necessary to use any material that is not fully specified in these specifications, it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not it is specifically called for in the plans and specifications, and such appliance shall be of good quality and standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 6 9cie 115 of 383 11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions of the engineer or Inspector, or who shall be deemed incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall be dismissed when the Engineer so orders, and shall not be re-employed unless express permission be given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his employees. The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D - PROCEDURE AND PROGRESS 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of a use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation, unavoidable casualties, or any cause beyond the Contractor's control; or by delay authorized by the Engineer pending dispute resolution procedures; or by any cause which the Engineer shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 7 cil,jOe 116 of 383 No such extension shall be made for delay occurring more than thirty (30) days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents. 5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend the work, wholly or in part, for such period or periods of time as he may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. 6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor or his foreman or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at his last known place of business. 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one-fourth (1/4) of the contract period, one -eighth (1/8) of the work shall be completed; at the expiration of one-half (1/2) of the contract period, three -eighths (3/8) of the work shall be completed; at the expiration of three -fourths (3/4) of the contract period, the work shall be three -fourths (3/4) completed, and the whole work shall be completed at the expiration of the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then the Council shall have authority to annul this contract without process or action at law and take over the prosecution and completion of the work, as provided under the article covering City's right to terminate contract. 8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough skilled workmen or proper materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense of finishing the work shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default shall be certified by the Engineer. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 8 age 117 of 383 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials, with evidence that such persons have been paid in full. Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and performed by the Contractor shall be compensated for as provided herein. If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal, the Contractor shall be paid therefor the actual reasonable cost of the labor and materials entering permanently in such work, plus fifteen percent (15%) of the cost thereof. In computing the labor cost on such extra work, the following items shall be included: (a) Actual payroll expenditures for labor at the current rate therefor, and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance, prorated, for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine, power tools, or equipment, including fuel and lubricants, but not including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall be allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is begun, and to which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 9 9 a e 118 of 383 In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing, except as provided hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10) days after completion of the work. No such claim shall be valid unless so made. 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to the dispute resolution procedures as hereinafter provided, and such resulting decision shall be final, and the Engineer shall, within a period of five (5) days thereafter, file his completion report. Before action by the City Council upon such completion report, the Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion report, growing out of this contract or the work done hereunder. The City shall retain five percent (5%) of the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor within thirty (30) days, the final five percent (5%) shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report, and any claims of the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time provided in Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 119 of 383 SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict with such laws, ordinances, and regulations. 2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part ofthe improvement shall be held responsible for the care of materials and of partially completed and completed work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer's certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to adjacent property due to the acts or negligence of his employees of the prosecution of his work, and save the City harmless therefor. The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures, and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing. 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefor and said Contractor shall also carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before work shall be started on this contract, the Contractor shall furnish the City Clerk with proper affidavit or Affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of insurance protection: (a) Public liability insurance covering all operations performed by persons directly employed by the Contractor. (b) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned. (c) Public liability insurance covering all work upon the project performed by any independent Contractor working under the direction of either the principal Contractor or a Subcontractor. (d) Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned bythe Contractor or by other persons, firms, or corporations. (e) The minimum protection shall be as follows: GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 120 of 383 Comprehensive General Liability Insurance General Aggregate Limit $ 5,000,000.00 Products —Completed Operations Aggregate Limit $ 5,000,000.00 Each Occurrence Limit $ 5,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" and it must be stated on the certificate. Coverage shall be written on a primary and non- contributory basis and shall include a waiver of subrogation in favor of the City of Waterloo. A certificate, or a policy if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. To the fullest extent permitted by law the Contractor shall defend, indemnify, and hold harmless the City and the Engineer and their agents, representatives, officers and employees ("Indemnitees") from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from or in connection with the performance of the Work, provided that any such claim, damage, loss or expense is caused in whole or in part by any act or omission of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity or contribution which would otherwise exist as to any party or person described in the Contract Documents. In any and all claims against the Owner or Engineer or any of their agents, officers or employees by any employee of the Contractor, any Subcontractor, any person directly or indirectly employed by any of them or anyone for whose acts may be liable, the indemnification obligation under this Subsection 4 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. All policies shall be in form and with insurance carriers acceptable to the City of Waterloo. Each such policy shall provide that thirty (30) days' prior written notice of cancellation must be given to City before cancellation of the policy will be effective. Contractor will take all steps required to prevent all such insurance from lapsing or being canceled. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the City Engineer. 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 121 of 383 loss when a particular process or the product of a particular manufacturer is specified. 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials and shall be adjusted by agreement or by dispute resolution procedures as identified herein. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract, and his bond will not be released until such claims are paid or dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 122 of 383 The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. DISPUTE RESOLUTION PROCEDURES. The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered in accordance with Iowa Code Chapter 679C, as amended. A request for mediation shall be made in writing and delivered to the other party to the Contract. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. For any dispute not resolved by mediation, the method of binding dispute resolution shall be litigation in the Iowa District Court for Black Hawk County. In the event the City should prevail in any legal proceedings arising out of the performance or non- performance of this Contract, the Contractor shall pay, in addition to any damages, all expenses of such action including reasonable attorney's fees, all expert witness fees, costs, and litigation expenses incurred by the City, including those incurred on appeal. The terms "costs and expenses" are not limited to the costs and expenses traditionally taxed as court costs. The term "legal proceedings" shall be deemed to include any arbitration, administrative proceedings, and all appeals from any and all of the foregoing. 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 123 of 383 surety thereon satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. These bonds shall remain in force and effect for the full amount of the Contract. The Contractor shall further provide a maintenance bond guaranteeing the maintenance of the contract improvements for a period of two (2) years from and after completion of said improvements and their acceptance by the City. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not, in fact, conform to the Contract. The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1112 Page 124 of 383 SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 1. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. 2. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease -purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. SUPP GEN SPECS FOR CONSTRUCTION Page 1 of 1 Page 125 of 383 FORM OF CONTRACT FOR THE CONSTRUCTION OF F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST CITY OF WATERLOO, IOWA CONTRACT NO. 1112 This contract made and entered into this day of , 20 , by and between the City ofWaterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanship like 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. PAR. 2 The term "Contract" means and includes the following: A. Notice of Public Hearing B. Notice to Bidders C. Instructions to Bidders D. Proposal E. Bid Bond F. Contract G. Performance Bond H. Payment Bond I. Maintenance Bond J. General Specifications for Construction K. Notice to Proceed L. Conceptual Shelter Layout M. Equipment Rack Elevations N. Estimated Power and Cooling Specifications O. Site Location P. Prefabrications Data Center Bid Specs It is expressly understood and agreed that in addition to the documents listed above, the Contract includes any engineering data which may be furnished by the Contractor and approved by the City, together with such additional Drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the Plans and Specifications. FORM OF CONTRACT Page 1 of 4 Page 126 of 383 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 That several parts of the Contract are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Contract is to include the furnishing of all materials, labor, tools, equipment and supplies necessary for completion of the contract obligations. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. In the event of a conflict between any of the contract documents, the Contractor is to provide the greater quantity and/or better quality, unless otherwise directed in writing by the City or Engineer. 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 manner, 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 i n bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before May 1, 2025 , unless an extension of time is granted in writing by the Council of the City. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of one thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the authorized time. 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. 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 lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the FORM OF CONTRACT Page 2 of 4 Page 127 of 383 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 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. 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. 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. 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 ofthis 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 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 Bidders, the amount of money due the Contractor for work performed and accepted, at the lump sum set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT Page 3 of 4 Page 128 of 383 PAR. 16 The total amount of the contract, based on the Contractor's proposed lump sum, and for which 100% surety bond is required is $ PAR. 17 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. PAR. 18 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. PAR. 19 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. PAR. 20 PAR. 21 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 to 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. CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: 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 129 of 383 SURETY BOND NO. PERFORMANCE, PAYMENT, AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, , as Principal (hereinafter the "Contractor" or "Principal" and , as Surety are held and firmly bound unto , as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of dollars ($ ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the day of , , hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: F.Y. 2025 PREFABRICATED SHELTER AT 1700 IDAHO ST, CONTRACT NO. 1112 The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a prefabricated concrete communication shelter that will securely house the network equipment, power systems, and supporting environmental components required to operate the Waterloo Fiber FTTU network for the Owner (the Project). The shelter will be located at 1700 Idaho St, Waterloo, IA 50703 (See Attachment D — Site Location). Page 130 of 383 (CON'T — PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from all work except new paving to be performed under the Contract within the period of two year (s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; and B. To remedy any and all defects that may develop in or result from new paving work to be performed under the Contract within the period of two year (s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; C. To keep all work in continuous good repair; and D. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. E. Maintenance bond requirements shall not apply to the following: work that is not permanently incorporated into the project, pavement markings, seeding, sodding, and plant material and planting. Page 131 of 383 (CON'T — PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than five years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys' fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. Page 132 of 383 (CON'T — PERFORMANCE, PAYMENT AND MAINTENANCE BOND) In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Black Hawk County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a word, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Page 133 of 383 (CON'T — PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) PRINCIPAL: SURETY: Project No. Contractor Surety Company By By Signature Signature Attorney -in -Fact Officer Title Printed Name of Attorney -in -Fact Officer FORM APPROVED BY: NOTE: Company Name Attorney for Jurisdiction Company Address City, State, Zip Code Company Telephone Number 1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This bond must be sealed with the Surety's raised, embossing seal. 3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. 4. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. Page 134 of 383 c -o u > B CZ Q N — > 0 16'0" c J EMA-3R enclosure w/removable '//177/• ,r 1/.11l./..11l./..11l./..11l...11l//lll//7,',': �ll�//l77777 7777 • Alarms I erminate all alarms on wall -mounted panel entrance POr I ground bus 12" below ceiling plate sized for 6 x 2" conduits / sweep onto ladder 22" cable bend radius I 1 / Spare • // ,/ // // // // / / // ,/ • DC Power AC Inverter future g 23" space it ------yam 03 —---•------T RR1 RR2 23" DC Power Clean Agent Fire Suppression • 1 Desk FDP OLTs top -of -rack DC PDU RR3 I I I I I I � Business Network s- - i 4 I adder R * mount at 8' height RR4 RR5 2x L5-20R 2x L6-30R • 2x 19" 2-Post Racks 19" 4-Post Rack sub -panel feed AC PDUs from AC inverter Fire Control c a L' NFn Q 8 � v o N o U o N Q in (n f c c i 120v/240v 200 amps 1 1. Callouts 7/31/24 1-phase 120/240v 200A utility service Overhead light fixtures shall be 3500 lum/4000kel LED Genset shall support all AC service loads HVAC system shall be dual lead/lag outdoor units HVAC shall provide humidity control within 45-55% HVAC and DC power shall provide critical alarm contacts Control modules for HVAC, DC power, and fire suppression shall support SNMP Cable entrances shall be 12" below ladder Cable entrances shall accommodate 6 x 2" conduits A Security Keypad Linden Draft Floor Plan (can build mirror -image) z AC Servic Entrance Page 135 of 383 Rack Elevations RU Rack Mt# Power BTU Ibs Power Whips Breakers Equipment Information Watts AC DC Hostname I Purpose I Vendor I Model I Serial No. 48 47 46 45 44 43 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 B 7 6 5 4 3 2 Distribution FDP Calix E9-2 CLX3001 600 x 2047 2 x 2 x 30A subscriber termination Calix E9-2 XG3201 600 x 2047 2 x 2 x 30A XGS-PON access Cisco ASR9902 1600 x 5459 2 x 2 x 60A Edge Router (placeholder) A10 Thunder CGN3350 750 x 2559 2 x 2 x 15A Carrier -grade NAT (placeholder) Cisco NCS-57C3-MOD-SYS 1600 x 5459 2 x 2 x 40A Aggregation Router (placeholder) Total Watts 5150 Watts AC Power (V) I 120 DC Power (V) I -48 Total BTU p/hr 17573 BTU p/hr 0A @ 120V AC 107.29A @ -48V DC Total Weight (Ibs) 0 Ibs Notice -- A circuit breaker should not be loaded above 80% continuous load. [NEC Sec. 384-16(c)] I 20A CB = 16A Max Load 1 30A CB = 24A Max Load 1 40A CB = 32A Max Load When designing for (allover power loading, a circuit breaker should not exceed 40% max load per side (NB) Page 136 of 383 Rack Elevations RU Rack UN Power BTU Ibs Power Whips Breakers Equipment Information Watts AC DC Hostname I Purpose I Vendor I Model I Serial No. 48 47 46 45 44 43 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 ISP Cross -connect Fortigate 201F 122 x 416 2 x NEMA 2 x 10A business network frewall (placeholder) Cisco Catalyst 9500-24V4C 650 x 2218 2 x NEMA 2 x 15A business network switch (placeholder) Dell PowerEdge R650 1600 x 5459 2 x NEMA 2 x 15A business network server (placeholder) Total Watts 2372 Watts AC Power (V) I 120 DC Power (V) I -48 Total BTU p/hr 8094 BTU p/hr 19.77A @ 120V AC OA @ -48V DC Total Weight (Ibs) 0 Ibs Notice -- A circuit breaker should not be loaded above 80% continuous load. [NEC Sec. 384-16(c)] 1 20A CB = 16A Max Load 1 30A CB = 24A Max Load 1 40A CB = 32A Max Load When designing for failover power loading, a circuit breaker should not exceed 40% max load per side (A/B) Page 137 of 383 Linden Unit Amps Unit Power Vendor Model Qty Power A/B Volts Typical Max Typical Max 2 DC Y 48 33.33 33.33 1,600 1,600 2 DC Y 48 3.44 15.63 165 750 2 DC Y 48 14.83 33.33 712 1,600 7 DC Y 48 12.50 12.50 600 600 Qty Amps Max Power 1 33 1,600 1 16 750 1 33 1,600 2 25 1,200 DC Power 107 F 5,150 2 AC N 110 1.09 1.11 120 122 2 AC N 110 5.91 5.91 650 650 2 AC N 110 4.55 14.55 500 1,600 1 1 122 1 6 650 1 15 1,600 AC Power (inverter @ 110v) 3 22 2,372 ❑C System Capacity + 0% headroom 7,522 Bard W36ABDA05 (lead/lag) AC N 230 16.70 79.00 3,841 18,170 2 17 3,841 AC Power (service) + 20% headroom 12,131 Estimated AC Service 1-Phase @ 240v (max w/HVAC lock -rotor) Estimated Cooling/humidty (max tons) Estimated Generator Service (kW) 51 2.3 14,149 Page 138 of 383 Page 139 of 383 Page 140 of 383 REQUEST FOR BID Prefabricated Data Center Bid Specifications 1700 Idaho Street Waterloo IA September 2024 Waterloo IA Prefabricated Data Center BID Page 1 1 Page 141 of 383 1 Division 1 Base Bid - Refurbished Shelter Specifications and Requirements The Proposed Solution should be developed to incorporate the specifications and requirements described in this BID. Except where the word "shall" is used, specifications and requirements are given as approximates and/or minimums to accommodate available refurbished inventory. A list of Attachments and Exhibits containing additional specifications and requirements for this BID include: 1. Attachment A - Conceptual Shelter Layout: provides a conceptual shelter floorplan. 2. Attachment B - Equipment Rack Elevations: provides a reference diagram of each rack and the maximum power draw of its equipment for use in configuring the proposed AC/DC power systems, distribution, and cooling. 3. Attachment C - Estimated Power and Cooling Specifications: provides reference power and cooling requirements for the shelter using the maximum power draw from vendor data sheets for use in configuring the proposed AC/DC power systems, distribution, and cooling. 4. Attachment D - Site Location: provides an overhead view of the property, the location available for the shelter, and its orientation. Owner will provide Seller access to the assets, services, and infrastructure of Owner to the extent they are available and are needed for construction and installation of the Proposed Solution. Owner will use its best efforts to make such assets, services, and facilities available to Seller upon request. The Owner requires the shelter and generator components of this bid to be installed and commissioned by February 27, 2025. Sellers that cannot commit to this date may be disqualified. The DC power system may be installed and commissioned at a later date. 1.1 Physical Construction 1.1.1 The shelter will conform to the design, floorplan, and usable square footage represented in Attachment A - Conceptual Shelter Layout. 1.1.2 The shelter shall be of precast concrete construction with a new polyvinyl covering. 1.1.3 Outside Dimensions will be approximately: 11'5" width, 16' length, 10' 0" height. 1.1.4 Interior Dimensions will be approximately: 10' 5" width x 15' 0" length x 9' 0" height. 1.1.5 The minimum structural load ratings shall be: • 150 pounds per sq ft distributed floor load capacity on foundation • 100 pounds per sq ft distributed roof load • 130 mph wind speeds 1.1.6 The shelter will include one (1) 36" wide X 84" high insulated steel exterior door with cast -in painted steel door frame, tamper -proof hinge, aluminum threshold and door sweep, weather-stripping, panic hardware with lever handle, deadbolt lockset, hydraulic door closer, and fiberglass weather hood. 1.1.7 The shelter will include one J-Box adjacent to the door for card reader prep. 1.1.8 The exterior of the shelter will be exposed aggregate with a medium beige colored exterior finish. 1.1.9 The shelter walls shall be bullet-proof to a minimum UL 752 Level 4 standard. 1.1.10 The shelter walls shall have a minimum two-hour fire rating. 1.1.11 The shelter will be insulated to a minimum of R-11 for walls, R-15 for ceiling, and R-7 for floor. 1.1.12 The interior walls and ceiling will be sheathed with white HDPE coated board or equivalent. Waterloo IA Prefabricated Data Center BID Page 1 2 Page 142 of 383 1.1.13 The floor covering will be a light-colored material grounded for electrostatic discharge. 1.1.14 The shelter shall have anchor points at each corner of the base, sufficient to provide stable support of the shelter at the specified wind speed. 1.1.15 The Seller shall provide detailed specifications for use in constructing a suitable foundation for the shelter. The specifications shall include all penetrations, tie -downs, conduit entrances, ground field, and utility/genset connections required in the foundation. 1.1.16 The Seller shall ensure the proposed shelter complies with all Federal, State, and Local building codes. 1.1.17 The Seller shall perform the following in refurbishing the shelter: • Concrete sealant • Inspect for holes and sealed as needed • All seams caulked • All entry ports capped • All walls/ceiling cleaned & inspected 1.2 AC Power Distribution Service 1.2.1 Supply and install a NEMA-compliant meter base on the exterior that will accept a single-phase 120/240v 200A utility service and meter from the local utility provider. 1.2.2 Supply and install a 1" thick plywood board (3' x4') back- board on the interior for mounting the AC service panel and master AC Mains on/off switch. 1.2.3 Supply and install a service -rated disconnect switch and a 120/240VAC 200A single-phase NEMA-1 snap -in service distribution panel including breakers for all installed equipment and loads. The panel should have 42 positions capable of accepting snap -in resettable breakers (See Attachment A - Conceptual Shelter Layout). 1.2.4 Extend correct gauge wiring rated at 200 A from the utility meter through the wall to the AC Mains on/off switch. All exterior electrical wire will be protected in ridged EMT -type conduit. 1.2.5 Supply and install a secondary transient surge protector device near the AC load center. 1.2.6 Supply and install a low -profile 120/240VAC single-phase service -rated Auto Transfer Switch (ATS) in an internally mounted NEMA enclosure to activate a secondary VAC feed from the back-up power generation system when the primary power is disrupted. ATS service must be user-programable, to institute power disruption generation engagement tests on a maintenance interval basis. 1.2.7 Supply and install AC outlets as follows (See Attachment A - Conceptual Shelter Layout): • Four (4) 120v NEMA 5-15R wall mounted specification grade duplex receptacles on the front and rear walls of the shelter and above the work desk on a shared breaker. • Two (2) 120v NEMA L5-20R twist lock receptacles mounted above relay rack RR5 to the cable ladder above it wired to breakers in the AC inverter subpanel. • Two (2) 240v NEMA L6-30R twist lock receptacles mounted above relay rack RR5 to the cable ladder trays above it wired to breakers in the AC inverter subpanel. • One (1) 120v NEMA 5-15R specification grade exterior duplex receptacle on a ground fault interrupter circuit and 20A breaker. 1.2.8 Supply and install appropriate breakers for all AC loads in the shelter. Each breaker's purpose shall be clearly labeled. 1.2.9 All wiring shall be installed in surface -mounted conduit or wireways and shall be in full compliance with ANSI/NFPA-70 —The National Electric Safety Code, latest revision. 1.3 Grounding/Bonding/Lightning Protection System Waterloo IA Prefabricated Data Center BID Page 1 3 Page 143 of 383 1.3.1 All grounding cabling shall route/terminate to a single point. AC shall reference the panel's neutral ground bond and DC shall reference its common bus bar. Those common points shall be bonded to an exterior ground rod. 1.3.2 Supply and install a stranded # 4/0-gauge wire serving as a neutral ground bus, secured with tie straps to the overhead ladder rack and bonding all electrical components to a very -low resistance ground rod installed in the soil near the utility meter. 1.3.3 Supply and install one (1) 1/4" X 4" X 20" insolated ground plate for bonding the neutral ground bus to the equipment racks. 1.3.4 Supply and install one 3/16" x 3/4" copper bus bar at the top of RR3 through RR5 1.3.5 Bond all high voltage equipment, enclosures, racks, and cable paths to the ground plate using # 4/0 ground conductor. 1.3.6 The shelter shall have a 3/4" round exterior exit at the base of the wall below the isolated ground plate to be used for ground conductor connection to the exterior ground field. 1.4 Interior and Exterior Lighting 1.4.1 Supply and install six (6) LED ceiling fixtures rated at 35001um/4000ke1, wired -back to an entry door switch (See Attachment A - Conceptual Shelter Layout). 1.4.2 Supply and install an "Emergency Exit" light fixture (red), unswitched. 1.4.3 Supply and install an exterior dusk -to -dawn light above the entry door with a protective steel guard. 1.4.4 Supply and install an emergency power -fail LED safety operating light connected to a 90-minute minimum field -serviceable DC battery pack that turns on/off with power from AC mains panel and recharges automatically. 1.5 Air Conditioning System 1.5.1 Supply and install two (2) new 3-ton, 240V/single-phase, 11 EER external mount air conditioning units with low ambient and compressor anti cycle controls, integral electric strip heat, and washable dust filters. The AC units will be mounted to the outside wall of the shelter (See Attachment A - Conceptual Shelter Layout). 1.5.2 The system will be equipped with redundant lead/lag controls as required to allow equal operating time on each air conditioning unit. 1.5.3 The system shall include an Ethernet/IP controller supporting remote monitoring of system status, performance, and alarms. 1.5.4 Supply and install wall -mounted temperature and humidistat controls. 1.5.5 The chosen supplier must be able to readily maintain the units, provide phone support, and stock critical replacement parts from a local office within 1 hour of Owner. 1.5.6 The units will be wired back to the AC distribution panel and appropriately grounded and fused. 1.6 Fire Suppression System 1.6.1 Seller will provide an appropriately sized fire suppression system utilizing a widely available clean agent with a delayed discharge trigger and manual controls for emergency discharge and cancellation of a triggered event. 1.6.2 The system shall include an Ethernet/IP controller supporting remote monitoring of system status, performance, and alarms. 1.6.3 Seller will perform all pressure testing and certification of system in compliance with Owner fire Waterloo IA Prefabricated Data Center BID Page 1 4 Page 144 of 383 code. 1.6.4 The chosen supplier must be able to readily maintain the system, provide phone support, and stock critical replacement parts from a local office within 1 hour of Owner. 1.7 DC Power and Battery System 1.7.1 Supply and install a —48VDC power system with N+1 rectifier redundancy and minimum 24-position distribution panel, configured to support the estimated equipment loads and connections specified in Attachment B - Equipment Rack Elevations and Attachment C - Estimated Power and Cooling Specifications. The proposed system must be readily supported by a local reseller within a 1-hour drive from Owner with critical replacement parts available for expedited delivery. 1.7.2 Supply and install a 23" 45RU 2-post rack at RR1 sufficient for installation of the power system and battery strings (See Attachment A - Conceptual Shelter Layout). Protective Plexiglas guards should be fabricated and installed in front or adjacent to all open access DC bus bars or feed cable connections, to ensure the safety of operations personnel working in and around the rear of the communication power and communications racks. 1.7.3 Supply and install electro-mechanical distribution breakers for connection of equipment components in the quantity and loads specified in Attachment B - Equipment Rack Elevations and Attachment C - Estimated Power and Cooling Specifications. 1.7.4 Supply and install an A/B split -bus DC power distribution unit (PDU) at the top of RR3 with each bus capable of supporting the loads specified in Attachment B - Equipment Rack Elevations and Attachment C - Estimated Power and Cooling Specifications. Both buses of the PDU shall be fed from breakers in the 24-position distribution panel. 1.7.5 Supply and install a single-phase 120v AC inverter system integrated with the DC power system configured to support the estimated equipment loads and connections in Attachment B - Equipment Rack Elevations and Attachment C - Estimated Power and Cooling Specifications. 1.7.6 The inverter shall be configured for a bulk output AC power to a breaker sub -panel for power distribution to the equipment racks. 1.7.7 The system shall include an Ethernet/IP controller supporting remote monitoring of system status, performance, and alarms. 1.7.8 Supply and install a -48v Lithium -Ion battery system sized for N+1 support of the equipment load with options for both 4 and 8 hours. The individual units shall be wired in parallel using RS485 cables, outfitted with individual disconnect breakers, and placed on shelves in RR1. 1.7.9 Seller must provide two (2) copies of associated wiring configuration drawings and operation manuals for the proposed system. The system may be direct -wired to AC service or use NEMA- compliant twist -lock receptacles. 1.7.10 Seller shall specify the expected date for delivery and install of the DC power system. 1.8 Additional Accessories and Built -In Features 1.8.1 Supply and install two (2) 2-post 19" wide x 7.0' high equipment racks positioned at RR3 — RR4 and one (1) 4-post 19" wide x 7.0' high equipment racks positioned at RR5, spaced according to Attachment A - Conceptual Shelter Layout and described below: • RR1 — space for a 23" rack containing a -48v DC power system, breaker panel, and batteries • RR2 — space for a 23" rack for future growth • RR3 — 19" rack for backbone/distribution FDPs and OLT access equipment (DC power) • RR4 — 19" rack for future growth • RR5 - Business network equipment (AC power) Waterloo IA Prefabricated Data Center BID Page 1 5 Page 145 of 383 1.8.2 Supply and install an overhead 12" wide cable ladder tray distribution system approximately 12" above the racks and 12" below the ceiling to manage cable drops to each of the racks and entrance fiber distribution to the FDPs (See Attachment A - Conceptual Shelter Layout). 1.8.3 The shelter will include two cable entrances located 12" below ceiling and sized to accommodate a 22" radius cable sweep onto the ladder. The entrances will be approximately 15" x 16" and positioned within 22" x 28" wall recesses for mounting of an external NEMA-3 enclosure. 1.8.4 The cable entrances will be covered with a NEMA-3R enclosure, sealed to the shelter wall, with 6 x 2" conduit ports in the bottom and a removable lid. 1.8.5 Seller shall disclose all warranties on the shelter structure and components to the Owner in their response. 1.8.6 All warranties shall be extended and transferred to the Owner upon final acceptance at delivery. Warranty periods shall begin on the date of shelter commission. 1.8.7 Supply and install a wall -mounted holder for shelter documentation to ensure that all required operational instructions, equipment manuals, wiring/cable drawings, certifications, support contact information, safety guidelines any other pertinent documents are both displayed and stored together. 1.8.8 Supply two (2) complete sets of master as -built documents (1-digital, 1-paper) containing the shelter mechanical, electrical, fire suppression, DC power, and low voltage designs, and all approvals of the local utility provider, public works, and local fire Marshall. 1.8.9 Supply and install safety components including first aid kit, eye wash station, and fire extinguisher. 1.8.10 Shelter installation kit shall include: • Tie -down plates and hardware • Touch up paint for shelter/trim/HVAC • Door lock for secure travel during shipping • Concrete patch • Extra caulk for awning/etc. 1.9 Back -Up Diesel Generator 1.9.1 Supply and install a single-phase 120/240v 30kW diesel generator and provide all required connections to the ATS for normal operations. 1.9.2 The generator tank shall be sized for a minimum 24-hour runtime supporting the full estimated AC load of the shelter as shown in Attachment C - Estimated Power and Cooling Specifications. 1.9.3 The generator shall provide electronic control for automatic remote starting/stopping, frequency and voltage regulation, alarm and status message display, output metering, auto -shutdown at fault detection, and self -diagnostic capabilities. 1.9.4 The generator shall support SNMP-based telemetry to monitor operational status including, but not limited to, run state, temperature, oil level, run time, and fuel level. 1.9.5 The generator shall support a flexible exercise mode to allow exercise time, frequency and duration at the Owner's preference. 1.9.6 The generator shall include a battery heater. 1.9.7 Seller shall specify the expected date for delivery and install. 1.10 Inspection, Delivery, and Commissioning 1.10.1 Provide pictures and/or video of the shelter construction progress periodically to enable the Owner Waterloo IA Prefabricated Data Center BID Page 1 6 Page 146 of 383 to provide immediate feedback and issue change orders if any are identified prior to final inspection. 1.10.2 Provide transportation and offload of each shelter to the Owner's designated location. The Seller shall coordinate end -to -end transportation including any intermediate transfers in transit, and will specify the cost of transportation, offload, and insurance for each shelter on separate line items in their response. 1.10.3 The Seller shall retain ownership of the shelters until formal acceptance by the Owner at the point of delivery. All shelter components should be disassembled and packaged to withstand transportation. 1.10.4 The Seller is responsible for complying with all weight restrictions on all transportation routes. Packaging of the shelters and inside plant components to meet these restrictions must be included in all quoted pricing. 1.10.5 The Seller shall provide professional services to reassemble all components located inside and attached to the shelter after site prep and AC power connections are completed. The Seller shall commission the shelter systems and train Owner staff on all supplied components. 1.10.6 The Seller shall commission the generator to verify proper start-up and transfer switch operation. 2 Alternate Bids 2.1 Alternate A — A/B DC Power and Battery System for Redundancy 2.1.1 Supply and install a —48VDC DC power system with N+1 rectifier and A/B bus, distribution, and battery string redundancy configured similar to but replacing the system in Section 1.7. 2.1.2 The split -bus DC power distribution unit (PDU) at the top of RR3 shall be wired with A/B feeds from breakers in separate distribution panels to provide complete power redundancy for the connected equipment. 2.1.3 Seller shall specify the expected date for delivery and install into the shelter. 2.2 Alternate B — Second DC Power and Battery System for Redundancy 2.2.1 Supply and install a second —48VDC DC power system configured the same as Section 1.7 with the exception of the split -bus PDU in RR3. 2.2.2 The second system shall be installed in rack position RR2 and shall feed bus B of the PDU in RR3 from breakers in the 24-position distribution panel to provide complete power redundancy for the connected equipment. 2.2.3 Seller shall specify the expected date for delivery and install into the shelter. Waterloo IA Prefabricated Data Center BID Page 1 7 Page 147 of 383 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 16, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as September 30, 2024, for a request by the City of Waterloo to vacate Elm Street from Sycamore Street to Lafayette Street, located adjacent to 1515 Sycamore Street with the retention of a utility easement over, under, and upon the vacate area, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is requesting to vacate EIm Street between Lafayette Street and Sycamore Street for the purpose of creating additional parking for the redevelopment of 1515 Sycamore Street (former Rath Administration Building) into 87 affordable residential units. The site plan submitted by the developer shows 122 parking spaces for the redevelopment of 1515 Sycamore. The vacated right of way will provide 58 additional parking spaces for the development for a total of 180 parking spaces. Division Street and Sycamore Street provide on -street parking that can be used by the residents and visitors of the residential complex. There are approximately 43 on -street parking spaces available along Division Street and Sycamore Street. According to the Zoning Ordinance, the site will require 174 parking stalls (2 parking spaces per dwelling unit). The vacated street will help the applicant get approximately 2.06 parking spaces per unit rather than 1.40 parking spaces per unit on site. Between the 122 on -site parking stalls, the 58 parking stalls created from the vacated street, and the approximately 43 on -street parking spaces, the site will exceed the requirement of 2 parking spaces per dwelling unit (174 parking spaces) by providing 2.56 parking spaces per dwelling unit (223 parking spaces). EIm Street between Mulberry Street and Lafayette Street was vacated in 2009 for the development of the Human Services Campus. The vacated Elm Street to the northwest of Lafayette Street provides additional parking for the Waterloo Women's Center for Change. The Planning, Programming, and Zoning Commission will review the request at their regular meeting on September 10, 2024. NEIGHBORHOOD IMPACT The vacate request would not appear to have a negative impact on vehicular or pedestrian conditions in the area as the vacation of EIm Street will deter traffic from using EIm Street and will keep traffic on the minor arterial streets that surround the development. Page 148 of 383 There are sidewalks along the northeast and northwest sides of Elm Street and along Sycamore Street and Lafayette Street. The sidewalks along Elm Street will be removed with the approval of the vacate in order to create space for the additional parking. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION That part of Elm Street Tying southwesterly of the southwesterly right-of-way line of Lafayette Street and lying northeasterly of the northeasterly right-of-way line of Sycamore Street, subject to the retention of a public utility easement over, under, across and upon the above described area. ATTACHMENTS 1. 9-10-24- Vacate - West of 1515 Sycamore St Page 149 of 383 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: September 10, 2024 Request by the City of Waterloo to vacate Elm Street from Sycamore Street to Lafayette Street, located adjacent to 1515 Sycamore Street. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to vacate Elm Street northwest of 1515 Sycamore Street to create additional parking for the redevelopment of the former Rath Administration Building into 87 affordable residential units. The request to vacate Elm Street between Lafayette Street and Sycamore Street would not appear to have a negative impact on the surrounding area. The vacate request would not appear to have a negative impact on vehicular or pedestrian conditions in the area as there are no driveways located along Elm Street for any uses other than 1515 Sycamore Street. The vacation of Elm Street will deter traffic from using Elm Street and will keep traffic on the minor arterial streets that surround the development. There are sidewalks along the northeast and northwest sides of Elm Street and along Sycamore Street and Lafayette Street. The sidewalks along Elm Street will be removed with the approval of the vacate in order to create space for the additional parking. The Cedar Valley Lakes Trail is located a quarter of a mile to the south along the north side of the Cedar River. The proposed vacate area is currently zoned "M-2" Heavy Industrial District and "C-P" Planned Commercial District and has been zoned as such since the area zoned "C-P" was rezoned from "M-2" Heavy Industrial District on May 6, 2024. As part of a separate request the vacate area will be rezoned to "C-P" to be consistent with the property at 1515 Sycamore Street. Surrounding land uses and their zoning are as follows: North — Waterloo Women's Center for Change, Northeast Iowa Food Bank, and Operation Threshold, zoned "M-2" Heavy Industrial District. South — Crystal Distribution and vacant building, zoned "M-1" Light Industrial District. East — former Rath Administration Building, zoned "C-P" Planned Commercial District. West — C&A Transport, zoned "M-1" Light Industrial District and "M-2" Heavy Industrial District. BUFFERS There are no buffers or screening required in relation to this REQUIRED/ NEEDED: request. Vacate- Elm Street Page 1 of 5 Page 150 of 383 September 10, 2024 Picture 1: Looking along Elm Street from Sycamore Street to Lafayette Street. Picture 2: Looking along Elm Street from Lafayette Street to Sycamore Street. Vacate- Elm Street Page 2 of 5 Page 151 of 383 DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: September 10, 2024 The proposed vacate would require detention for the additional paved parking area. The applicant is showing two detention areas on the site plan. The former Rath Administration Building was constructed in 1925. The Human Services Campus to the north was constructed between 2010 and 2012. The other commercial and industrial development in the area was built between 1926 and 1999. The area is located within Zone X (Protected by Levee) which is not a Special Flood Hazard Area as indicated by the 2024 Federal Insurance Administration's Flood Insurance Rate Map. Highland Elementary School is located approximately 0.92 miles to the northeast and Expo Alternative High School is located approximately 0.93 miles to the northeast of the site in question. East High School is approximately 0.7 miles to the northwest of the site. The Cedar River is located a quarter of a mile to the south, and Lafayette Park is located 2 blocks to the southeast of the area in question. UTILITIES: WATER, A 30" sanitary sewer and a 12" water main is located within SANITARY SEWER, Elm Street. A 15" sanitary sewer line is located within STORM SEWER, ETC. Lafayette Street. A 4" drain tile for storm sewer and an 8" sanitary sewer line are located within Sycamore Street. Overhead utility lines are located along the east and west sides of Elm Street. A utility easement will need to be retained over, under, and upon the entire vacate area. RELATIONSHIP TO The Future Land Use Map designates this property as COMPREHENSIVE Industrial. The proposed land use is not in conformance with LAND USE PLAN: the Future Land Use Map for this area. However, the Future Land Use Map is to be used as a guide in making land use decisions. The site is in the Primary Growth Area as identified in the City's Comprehensive Plan adopted August 21, 2023. STAFF ANALYSIS — The City of Waterloo is requesting to vacate Elm Street ZONING between Lafayette Street and Sycamore Street for the ORDINANCE: purpose of creating additional parking for the redevelopment of 1515 Sycamore Street (former Rath Administration Building) into 87 affordable residential units. The site plan submitted by the developer shows 122 parking spaces for the redevelopment of 1515 Sycamore. The vacated right of way will provide 58 additional parking spaces for the development for a total of 180 parking spaces. Division Street and Sycamore Street provide on -street parking that can be used by the residents and visitors of the residential complex. There are approximately 43 on -street parking spaces available along Division Street and Sycamore Vacate- Elm Street Page 3 of 5 Page 152 of 383 September 10, 2024 TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Street. According to the Zoning Ordinance, the site will require 174 parking stalls (2 parking spaces per dwelling unit). The vacated street will help the applicant get approximately 2.06 parking spaces per unit rather than 1.40 parking spaces per unit on site. Between the 122 on -site parking stalls, the 58 parking stalls created from the vacated street, and the approximately 43 on - street parking spaces, the site will exceed the requirement of 2 parking spaces per dwelling unit (174 parking spaces) by providing 2.56 parking spaces per dwelling unit (223 parking spaces). Elm Street between Mulberry Street and Lafayette Street was vacated in 2009 for the development of the Human Services Campus. The vacated Elm Street to the northwest of Lafayette Street provides additional parking for the Waterloo Women's Center for Change. Brian Johnson with Waterloo Water Works noted that an easement will be needed for the 12" water main located in Elm Street. Also, there are 7 inactive water stubs tapped into the Elm Street water main that will need to be killed and plugged at the main. There is an 8" fire line for 1515 Sycamore Street that is tapped into the Elm Street water main, as well. Jamie Knutson, City Engineer, stated that the layout of the parking stalls may need to be adjusted to account for the location of the poles for the overhead utilities. Detention will be needed for the new parking areas. Schroeder explained that the parking within the vacated Elm Street is shown as having no setback from the northwest property line and this could cause issues with the truck parking lot adjacent to the site in question. The site plan has been updated to show a 10' setback between the northwest property line and the parking within the vacate area. There would be no platting required in relation to the request. Therefore, staff recommends that the request by the City of Waterloo to vacate Elm Street from Sycamore Street to Lafayette Street, located adjacent to 1515 Sycamore Street, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The vacate request would not appear to have a negative impact on vehicular or pedestrian conditions in the area Vacate- Elm Street Page 4 of 5 Page 153 of 383 September 10, 2024 as there are no driveways located along Elm Street for any uses other than 1515 Sycamore Street and there are other streets in the area that can be used. 3. The vacate will provide additional parking for the redevelopment of a historic building in Waterloo into 87 affordable residential units. Subject to the following condition: 1. That a utility easement be retained over, under and upon the entire area that is vacated to allow access to the existing 30" sanitary sewer line, 12" water line, the overhead electrical, and any other utilities for any future maintenance. Vacate- Elm Street Page 5 of 5 Page 154 of 383 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 16, 2024 AGENDA ITEM TITLE Resolution setting the date of public hearing as September 30, 2024, for a request by the City of Waterloo to rezone approximately 0.21 acres from "M-2" Heavy Industrial District to "C-P" Planned Commercial District located adjacent to 1515 Sycamore Street, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone an approximately 0.21 acre area to "C-P" Planned Commercial District to allow for additional parking for up to 87 new affordable housing units in the former Rath Administration Building. The "C-P" zoning will provide a consistent zoning district for the site at 1515 Sycamore Street and the additional parking area. The Rath Administration Building is listed on the National Register of Historic Places. Redevelopment of the site will be beneficial for the City of Waterloo, as the old, dilapidated structure will be used to help individuals have affordable housing and would save the historic structure from demolition. The additional parking from vacated Elm Street will benefit the project and the future residents and visitors of the site. The Zoning Ordinance automatically rezones half of a vacated street, but we are requesting the rezone separately for uniformity of the site. The Planning, Programming, and Zoning Commission will review this request at their regular meeting on September 10, 2024. NEIGHBORHOOD IMPACT The request to rezone the site in question would not appear to have a negative impact upon pedestrian and traffic conditions in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 155 of 383 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION The northwesterly 1/2 of that part of vacated Elm Street lying southwesterly of the southwesterly right- of-way line of Lafayette Street and lying northeasterly of the northeasterly right-of-way line of Sycamore Street. ATTACHMENTS 1. Council Packet Page 156 of 383 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: PUBLIC /OPEN SPACES/ SCHOOLS: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, September 10, 2024 Request by the City of Waterloo to rezone approximately 0.21 acres from "M-2" Heavy Industrial District to "C-P" Planned Commercial District located adjacent to 1515 Sycamore Street. City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. The applicant is requesting to rezone the area in question to allow for the installation of parking spaces to be used by the proposed affordable housing development at 1515 Sycamore Street (former Rath Administration Building). The request would not appear to have a negative impact on the surrounding neighborhood. The request to rezone the site in question would not appear to have a negative impact upon pedestrian and traffic conditions in the area. The area is accessed by Lafayette Street, which is classified as a collector street and Sycamore Street, which is classified as a local street. There are sidewalks along the east and west sides of Elm Street and along Sycamore Street and Lafayette Street. The Cedar Valley Lakes Trail is located a quarter of a mile to the south along the north side of the Cedar River. Highland Elementary School is located approximately 0.92 miles to the northeast and Expo Alternative High School is located approximately 0.93 miles to the northeast of the site in question. East High School is approximately 0.7 miles to the northwest of the site. The Cedar River is located a quarter of a mile to the south, and Lafayette Park is located 2 blocks to the southeast of the area in question. The former Rath Administration Building was constructed in 1925. The Human Services Campus to the north was constructed between 2010 and 2012. The other commercial and industrial development in the area was built between 1926 and 1999. There is no screening required in relation to this request. There would be no drainage requirements needed for the rezone request. The area is located within Zone X (Protected by Levee) which is not a Special Flood Hazard Area as indicated by the 2024 Federal Insurance Administration's Flood Insurance Rate Map. A 30" sanitary sewer and 12" water main is located within Elm Street. A 15" sanitary sewer line is located within Lafayette Street. A 4" drain tile for storm sewer and an 8" sanitary sewer line are located within 1515 Sycamore St Rezone "M-2" to "C-P" Page 157 of 383 ETC: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS SUBDIVISION ORDINANCE: September 10, 2024 Sycamore Street. Overhead lines are located along the east and west sides of Elm Street. The proposed rezone area is currently zoned "M-2" Heavy Industrial District and "C-P" Planned Commercial District and has been zoned as such since the area zoned "C-P" was rezoned from "M-2" Heavy Industrial District on May 6, 2024. Surrounding land uses and their zoning are as follows: North — Waterloo Women's Center for Change, Northeast Iowa Food Bank, and Operation Threshold, zoned "M-2" Heavy Industrial District. South — Crystal Distribution and vacant building, zoned "M-1" Light Industrial District. East — former Rath Administration Building, zoned "C-P" Planned Commercial District. West — C&A Transport, zoned "M-1" Light Industrial District and "M-2" Heavy Industrial District. The Future Land Use Map designates this property as Industrial. The proposed land use is not in conformance with the Future Land Use Map for this area. However, the Future Land Use Map is to be used as a guide in making land use decisions. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan adopted August 21, 2023. The applicant is requesting to rezone an approximately 0.21 acre area to "C-P" Planned Commercial District to allow for additional parking for up to 87 new affordable housing units in the former Rath Administration Building. The "C-P" zoning will provide a consistent zoning district for the site at 1515 Sycamore Street and the additional parking area. The Rath Administration Building is listed on the National Register of Historic Places. Redevelopment of the site will be beneficial for the City of Waterloo, as the old, dilapidated structure will be used to help individuals have affordable housing and would save the historic structure from demolition. The additional parking from vacated Elm Street will benefit the project and the future residents and visitors of the site. The Zoning Ordinance automatically rezones half of a vacated street, but we are requesting the rezone separately for uniformity of the site. There were no comments on this request by the Technical Review Committee. There is no platting in relation to this request. 1515 Sycamore St Rezone "M-2" to "C-P" Page 158 of 383 September 10, 2024 STAFF Therefore, staff recommends that the request by the City of Waterloo RECOMMENDATION to rezone approximately 0.21 acres from "M-2" Heavy Industrial District to "C-P" Planned Commercial District located adjacent to 1515 Sycamore Street, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request would bring 87 new affordable multi -family residential units to Waterloo. 1515 Sycamore St Rezone "M-2" to "C-P" Page 159 of 383 City of Waterloo Planning, Programming and Zoning Commission September io, 2024 _ ARCHER AVE Z E-BUTLER AVE - 1- c Adjacent to 1515 Sycamore Street Rezone from "M-2" to "C-P" City of Waterloo n__._ Ann _c nn". City of Waterloo Planning, Programming and Zoning Commission September io, 2024 Area to be rezoned — 101Siil015'. a v4, Fs ' -.6tii I�l.4;,w11 Uryiti . Los G-..�.�:. Adjacent to 1515 Sycamore Street Rezone from "M-2" to "C-P" of w1 t4. 14 • "'{�i. ,� �"�' • City of Waterloo Panda 1G1 of 38 9/5/2024 10:31:02 AM 10 VACATED PORTION OF ELM STREET 18'-0" 24' - 0" LAFAYETTE STREET 18'-0" 10'-0" w u_ u_ CO 15'-0" 14 J a_ co 1 5 0 4 4 — EXIST. ELEC. POWER POLE 15'-0" 16 10 - - REMOVE -EXIST. POLE W z 0 z w 1- w 0 J 1- z w 0 a_ — NEW CURB ISLAND @ EXIST. POWER POLE, TYP. 17 18'-0" TYP. SITE AND VACATED STREET PARKING GI) 1", 20'-0" a 1- 0 0 N 14 14 NEW LANDSCAPING 24'-0" 59 NEW PARKING SPACES 10 4 ACCESS. 17 .I' 24' - 0" EXISTING, RE -STRIPE 62 PARKING SPACES TOTAL = 122 SITE PARKING SPACES 24' - 0" 1 VAN 11'-0" 8'-0" RATH BLDG. MULTI -FAMILY DEVELOPMENT 19 SYCAMORE STREET 0 N 14 14 24'-0" X 17 w z 0 z w 1- w 0 I- z w 0 a r 16 w Nw L.L Z 0 8 0 NEW PLAYGROUND SITE: 122 PARKING SPACES ELM STREET (VACATED: 58 PARKING SPACES TOTAL: 180 PARKING SPACES NOTE: 43 ADDITIONAL EXISTING PARKING SPACES ARE LOCATED ON SYCAMORE AND DIVISION REGISTERED TRADE NAME OF INTELLIGENT LINE A+D, LLC z 0 Z O U 2 J w M Q �- o Lu LL Q O' 0o • L• I D (0 Q u_ 7.) o. J m I ISSUE DATE NO CONCEPTUAL SITE PLAN - SITE & VACATED STREET PARKING OPTION B AO-2 © COPYRIGHT EXACT ARCHITECTS 2024 Page 162 of 383 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name -- Business Name if Applicable (please print): Addr ss: 711 f ki )1)0 1 �jf- Phone: 0el,WI J - ?1;j6j6 Fax: City: EAJA kk D d State: -TA Zip: 0-70c3 Email: b. Status of applicant: (a) Owner X( (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Phone: Fax: Address: City: State: Email: 2. PROPERTY INFORMATION: Zip: a. General location of property to be rezoned: l(}11 • -019 45r 4 tue9J 0.E 151 S ',ll)lcfr. b. 1, al description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): (-' KO' ) d. Area of Proposed Zoning/Boundary (Excluding Right of Way): N n 0 at y ' j e. Current zoning: / Q 5 (AD Requested zoning: (_ p f. Reason(s) for rezoning and proposed use(s) of property: rb { 1' £ 4- ,-ricx-r_ ?miry) 11) 64 '1Ck.) or pct )Jici g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from tf- . ate s denial by the Waterloo City Council. The under • -d certify under oath and under the penalties of perjury t t all infori ation on this request and submitted along ith it r true and correct. All information submitted will b sed by the aterloo Planning, Programming, and Zoni Commi : 1 d the Waterloo City Coyn ki t e decision. T;� undersigned authorize Ci Zoni0, ficials e property in in regards th ; re est. Signature of Applican Date Z1 Signature of Owner Page 163 of 383 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 16, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as September 30, 2024, for a request by 1515 Sycamore, LLC, for a Site Plan Amendment to allow for redevelopment of the Rath Administration Building into 87 residential units, including the potential to add parking within vacated Elm Street and allowing for a total of 122-180 parking spaces, potentially less than the 174 parking spaces required in the "C-P" Planned Commercial District, located at 1515 Sycamore Street, and instruct the City Clerk publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting a site plan amendment in order to allow between 122 and 180 parking stalls for the redevelopment of the former Rath Administration Building into 87 affordable housing units. The Site Plan Amendment is being requested, rather than a variance because the site is located within a Planned Commercial District which allows for greater flexibility in parking requirements. The developer submitted three different site plans for approval, as some options may be more cost- effective. According to the Zoning Ordinance, the site will require 174 parking stalls (2 parking spaces per dwelling unit). Division Street and Sycamore Street provide on -street parking that can be used by the residents and visitors of the residential complex. There are approximately 43 on -street parking spaces available along Division Street and Sycamore Street. For the two site plan options that do not show the vacation of Elm Street, Elm Street is shown to provide an additional 29 on street parking spaces. Site Plan "A" shows 122 parking spaces for the redevelopment of 1515 Sycamore without the vacation of Elm Street. This option provides more greenspace for the development and approximately 1.40 parking stalls per unit. The 72 on -street parking stalls and 122 on site parking stalls creates a total of 194 parking stalls available for the residential development. Site Plan "B" shows the vacated street will provide 58 additional parking spaces for the development with 122 parking spaces shown on the existing site, for a total of 180 parking spaces. The vacated street will allow the applicant to exceed the parking requirement by 6 parking stalls. Between the 122 on -site parking stalls, the 58 parking stalls created from the vacated street, and the approximately 43 on -street parking spaces, the site will exceed the requirement of 2 parking spaces per dwelling unit (174 parking spaces) by providing 2.56 parking spaces per dwelling unit (223 parking spaces). Site Plan "C" shows 151 parking spaces within the existing site at 1515 Sycamore Street. This option Page 164 of 383 allows for more parking with slightly less green space than the other options and approximately 1.73 parking spaces per unit. The 72 on street parking spaces and the 151 on site parking spaces creates a total of 223 parking spaces available for this development. This amount exceeds the requirement of 174 parking spaces by 49 spaces. The Cedar Valley Fish Market uses some on street parking along Division Street for their customers. They also have an agreement with a nearby property owner to use their parking lot for the Cedar Valley Fish Market. This agreement does lessen the use of the on -street parking along Division Street. The area is composed of industrial and commercial uses that each have on -site parking for their employees and visitors. There is on street parking available along Division Street and Elm Street and the site will still provide up to 180 parking stalls for residents and visitors, but a minimum of 122 parking spaces. The applicant is proposing a site plan that uses all the space possible for parking without demolishing a portion of the historic building and with vacating Elm Street. The historic building is being redeveloped which restricts the developer to use the small amount of space available for parking. The request will be reviewed by the Planning, Programming, and Zoning Commission at their regular meeting on September 10, 2024 NEIGHBORHOOD IMPACT There would not appear to be a negative impact on the area as the area is composed of many industrial businesses with on -site parking and the site will have up to 180 on -site parking stalls with the vacation of Elm Street. There is approximately 43 on street parking spaces available along Division Street and Sycamore Street if overflow parking is needed. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION 1515 Sycamore Street Legal Desciption: Lots 1 through 12, Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa; and all of the alley in Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa. Vacate Area Legal Description: That part of Elm Street lying southwesterly of the southwesterly right-of-way line of Lafayette Street and lying northeasterly of the northeasterly right-of-way line of Sycamore Street, subject to the retention of a public utility easement over, under, across and upon the above described area. ATTACHMENTS Page 165 of 383 1. Council Packet Page 166 of 383 REQUEST: APPLICANT: GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: September 10, 2024 Request by 1515 Sycamore, LLC for a Site Plan Amendment to allow for redevelopment of the Rath Administration Building into 87 residential units, including the potential to add parking within vacated Elm Street and allowing for a total of 122 - 180 parking spaces, less than the 174 parking spaces required in the "C-P" Planned Commercial District located at 1515 Sycamore Street. 1515 Sycamore LLC, 314 E 4th St, Waterloo, IA 50703 The applicant is requesting a Site Plan Amendment to allow for on -site parking spaces within the vacated Elm Street for the redevelopment of the former Rath Administration Building at 1515 Sycamore Street into 87 affordable residential units. The applicant is proposing 122 - 151 parking stalls on the existing site at 1515 Sycamore Street and the potential to add 58 parking stalls in the vacated Elm Street area. There would not appear to be a negative impact on the area as the area is composed of many industrial businesses with on - site parking and the site will have up to 180 on -site parking stalls with the vacation of Elm Street. There is approximately 43 on street parking spaces available along Division Street and Sycamore Street if overflow parking is needed. The request would not appear to have a negative impact on vehicular or pedestrian conditions in the area as there are no driveways located along Elm Street for any uses other than 1515 Sycamore Street. The use of vacated Elm Street for parking will provide additional on -site parking and lessen the use of the on -street parking surrounding the development. There are sidewalks along the east and west sides of Elm Street and along Sycamore Street and Lafayette Street. The sidewalks along Elm Street will be removed with the development of additional parking in the vacated area. The Cedar Valley Lakes Trail is located a quarter of a mile to the south along the north side of the Cedar River. The proposed Site Plan Amendment area is currently zoned "M-2" Heavy Industrial District and "C-P" Planned Commercial District. As part of a separate request the area zoned "M-2" Heavy Industrial District will be rezoned to "C-P" Planned Commercial District to create a consistent zoning district throughout the development. The area zoned "C-P" Planned Commercial District was rezoned from "M-2" Heavy Industrial District on May 6, 2024. Surrounding land uses and their zoning are as follows: North — Waterloo Women's Center for Change, Northeast Iowa Food Bank, and Operation Threshold, zoned "M-2" Heavy Industrial District. SPA— 1515 Sycamore St Page 1 of 6 Page 167 of 383 September 10, 2024 South — Crystal Distribution and vacant building, zoned "M-1" Light Industrial District. East — Cedar Valley Fish Market and other commercial uses, zoned "M-2" Heavy Industrial District. West —C&A Transport, zoned "M-1" Light Industrial District and "M-2" Heavy Industrial District. BUFFERS/ No screening is required for this request. SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: Stormwater detention, a drainage report, and civil plans will need to be submitted to the Engineering Department as part of the redevelopment of the site. Two detention areas are shown on site plan options "A" and "B". The Human Services Campus to the north was constructed between 2010 and 2012. The other commercial and industrial development in the area was built between 1926 and 1999. The property is located within Zone X (Protected by Levee) which is not a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. Highland Elementary School is located approximately 0.92 miles to the northeast and Expo Alternative High School is located approximately 0.93 miles to the northeast of the site in question. East High School is approximately 0.7 miles to the northwest of the site. The Cedar River is located a quarter of a mile to the south, and Lafayette Park is located 2 blocks to the southeast of the area in question. UTILITIES: WATER, A 30" sanitary sewer and 12" water main is located within Elm SANITARY SEWER, Street. A 15" sanitary sewer line is located within Lafayette STORM SEWER, ETC. Street. A 4" drain tile for storm sewer and an 8" sanitary sewer line are located within Sycamore Street. A 15' electrical easement is located on the subject property for an overhead power line. RELATIONSHIP TO The Future Land Use Map designates this property as COMPREHENSIVE Industrial. The proposed land use is not in conformance with LAND USE PLAN: the Future Land Use Map for this area. However, the Future Land Use Map is to be used as a guide in making land use decisions. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan adopted August 21, 2023. SPA — 1515 Sycamore St Page 2 of 6 Page 168 of 383 September 10, 2024 Picture 1: Front of Rath building. Picture 2: Rear of Rath Building. SPA — 1515 Sycamore St Page 3 of 6 Page 169 of 383 September 10, 2024 Picture 3: Proposed parking area. Picture 4: Existing Parking Area. SPA — 1515 Sycamore St Page 4 of 6 Page 170 of 383 September 10, 2024 STAFF ANALYSIS — The applicant is requesting a site plan amendment in order to ZONING allow 122 to 180 parking stalls for the redevelopment of the ORDINANCE: former Rath Administration Building into 87 affordable housing units. The Site Plan Amendment is being requested, rather than a variance because the site is located within a Planned Commercial District which allows for greater flexibility in parking requirements. The developer submitted three different site plans for approval, as some options may be more cost effective. According to the Zoning Ordinance, the site will require 174 parking stalls (2 parking spaces per dwelling unit). Division Street and Sycamore Street provide on -street parking that can be used by the residents and visitors of the residential complex. There are approximately 43 on -street parking spaces available along Division Street and Sycamore Street. For the two site plan options that do not show the vacation of Elm Street, Elm Street is shown to provide an additional 29 on street parking spaces. Site Plan "A" shows 122 parking spaces for the redevelopment of 1515 Sycamore without the vacation of Elm Street. This option provides more greenspace for the development and approximately 1.40 parking stalls per unit. The 72 on -street parking stalls and 122 on site parking stalls creates a total of 194 parking stalls available for the residential development. Site Plan "B" shows the vacated street will provide 58 additional parking spaces for the development with 122 parking spaces shown on the existing site, for a total of 180 parking spaces. The vacated street will allow the applicant to exceed the parking requirement by 6 parking stalls. Between the 122 on -site parking stalls, the 58 parking stalls created from the vacated street, and the approximately 43 on -street parking spaces, the site will exceed the requirement of 2 parking spaces per dwelling unit (174 parking spaces) by providing 2.56 parking spaces per dwelling unit (223 parking spaces). The parking is within the vacated Elm Street is shown to be set back 10' from the property line, creating a buffer between the parking lot and the truck parking site to the northwest. Site Plan "C" shows 151 parking spaces within the existing site at 1515 Sycamore Street. This option allows for more parking with slightly less greenspace than the other options and approximately 1.73 parking spaces per unit. The 72 on street parking spaces and the 151 on site parking spaces creates a total of 223 parking spaces available for this development. This amount exceeds the requirement of 174 parking spaces by 49 spaces. SPA — 1515 Sycamore St Page 5 of 6 Page 171 of 383 "STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: September 10, 2024 The Cedar Valley Fish Market uses some on street parking along Division Street for their customers. They also have an agreement with a nearby property owner to use their parking lot for the Cedar Valley Fish Market. This agreement does lessen the use of the on -street parking along Division Street. The area is composed of industrial and commercial uses that each have on -site parking for their employees and visitors. There is on street parking available along Division Street and Elm Street and the site will still provide up to 180 parking stalls for residents and visitors. The applicant is proposing a site plan that uses all the space possible for parking without demolishing a portion of the historic building and with vacating Elm Street. The historic building is being redeveloped which restricts the developer to use the small amount of space available for parking. The area is not being subdivided. Therefore, staff recommends that the request by 1515 Sycamore, LLC for a Site Plan Amendment to allow for redevelopment of the Rath Administration Building into 87 residential units, including the potential to add parking within vacated Elm Street and allowing for a total of 122 - 180 parking spaces, less than the 174 parking spaces required in the "C-P" Planned Commercial District located at 1515 Sycamore Street, be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact on the surrounding area. 3. The Site Plan Amendment will provide additional parking for the redevelopment of a historic building in Waterloo into 87 affordable residential units. And subject to the following conditions(s): 4. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. SPA — 1515 Sycamore St Page 6 of 6 Page 172 of 383 City of Waterloo Planning, Programming and Zoning Commission September 10, 2024 0* WA T� 111111! i1111PM w�=a- ILER ST NO Ern 191 1515 Sycamore Street Site Plan Amendment 1515Sycamore, LLC �S Iv11. n.,..... 70 ..t 00" City of Waterloo Planning, Programming and Zoning Commission September 10, 2024 om. QNNR.OpentreetMapr•. ph, GeoT$.r,a.i .. METfJ. SCens".i�rjer:uC 4'aA?',•'ti'a$. 1515 Sycamore Site Plan Amendment 1515 Sycamore, LLC 9/5/2024 10:30:32 AM 1 15 14 w 17 18'-0" TYP. 0 0) 14 14 0 LAFAYETTE STREET W ce z 0 z w 1- w 0 -J 1- z w 0 a 0 N H 24'-0" TYP. 59 NEW PARKING SPACES 10 4 ACCESS. 24' - 0" 1 VAN 11'-0"8'-0" � NEW LANDSCAPING 17 TOTAL = 122 PARKING SPACES EXISTING, RE —STRIPE 62 PARKING SPACES 14 14 17 w z 0 z w w 0 J 1- z w 0 a RATH BLDG. MULTI -FAMILY DEVELOPMENT SITE PARKING W/DETENTION AND STREET PARKING 1", 20'-0" 19 SYCAMORE STREET 16 w w Z 0 8 0 NEW PLAYGROUND SITE: 122 PARKING SPACES STREET (EXIST.): 72 PARKING SPACES TOTAL: 194 PARKING SPACES co U w 1 U L.L 1- 0 W REGISTERED TRADE NAME OF INTELLIGENT LINE A+D, LLC z 0 Z O U J w M Q �o Lo � LL w Q O ' �o O � (0 Q u_ 7.) oz J m 12 ISSUE DATE NO CONCEPTUAL SITE PLAN — SITE AND STREET PARKING — OPTION A AO-1 © COPYRIGHT EXACT ARCHITECTS 2024 Page 175 of 383 9/5/2024 10:31:02 AM 10 VACATED PORTION OF ELM STREET 18'-0" 24' - 0" LAFAYETTE STREET 18'-0" 10'-0" w u_ u_ CO 15'-0" 14 J a_ co 1 5 0 4 4 — EXIST. ELEC. POWER POLE 15'-0" 16 10 - - REMOVE -EXIST. POLE W z 0 z w 1- w 0 J 1- z w 0 a_ — NEW CURB ISLAND @ EXIST. POWER POLE, TYP. 17 18'-0" TYP. SITE AND VACATED STREET PARKING GI) 1", 20'-0" a 1- 0 0 N 14 14 NEW LANDSCAPING 24'-0" 59 NEW PARKING SPACES 10 4 ACCESS. 17 .I' 24' - 0" EXISTING, RE -STRIPE 62 PARKING SPACES TOTAL = 122 SITE PARKING SPACES 24' - 0" 1 VAN 11'-0" 8'-0" RATH BLDG. MULTI -FAMILY DEVELOPMENT 19 SYCAMORE STREET 0 N 14 14 24'-0" X 17 w z 0 z w 1- w 0 I- z w 0 a r 16 w Nw L.L Z 0 8 0 NEW PLAYGROUND SITE: 122 PARKING SPACES ELM STREET (VACATED: 58 PARKING SPACES TOTAL: 180 PARKING SPACES NOTE: 43 ADDITIONAL EXISTING PARKING SPACES ARE LOCATED ON SYCAMORE AND DIVISION REGISTERED TRADE NAME OF INTELLIGENT LINE A+D, LLC z 0 Z O U 2 J w M Q �- o Lu LL Q O' 0o • L• I D (0 Q u_ 7.) o. J m I ISSUE DATE NO CONCEPTUAL SITE PLAN - SITE & VACATED STREET PARKING OPTION B AO-2 © COPYRIGHT EXACT ARCHITECTS 2024 Page 176 of 383 9/5/2024 10:31:22 AM LAFAYETTE STREET 10 15'-0" 5'-0" 24'-0" 15 14 w 1 w w 24' - 0" 15 15 18'-0" 0 N 24'-0" 15 15 75 NEW PARKING SPACES E0 1- 12 7'-8" 24' 0" )1/ 12 6 ACCESS. 75 NEW PARKING SPACES N 24' - 0" 15 15 24'-0" 5'-0" 15'-0" - 15 15 24' - 0" 1 VAN 11'-0"/Ji8'-0 RATH BLDG. MULTI -FAMILY DEVELOPMENT -41 ON STREET V J 16 > 8 0 MAXIMUM SITE PARKING AND STREET PARKING Ee 1", 20'-0" 18 SYCAMORE STREET NEW PLAYGROUND SITE: 151 PARKING SPACES STREET (EXIST.): 72 PARKING SPACES TOTAL: 223 PARKING SPACES co U w 1 U L.L 1- 0 w REGISTERED TRADE NAME OF INTELLIGENT LINE A+D, LLC z 0 Z O U J w M E Q �o (0L0 O 00- 0 .1 <-1 D Q u_ 7.) 0 z m I ISSUE DATE NO CONCEPTUAL SITE PLAN — MAX SITE PARKING & STREET PARKING — OPTION C AO-3 © COPYRIGHT EXACT ARCHITECTS 2024 Page 177 of 383 NE Ins M 2. P s t ;w or Overall lividual Building inor change APPLICATION separate The he APPLICATION SITE PLAN AMENDMENT TO A "R—P", "M-P", "C—P", "B—P", "S-1" OR "C—Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 Amendment )A (check one) (Minor Change must be approved by staff) INFORMATION: a. Applicant's Address: City: Email: b. Status name — Business Name if Applicable (please print): 3 C 1 C. .5)ca tvt��� , 0...C. 3 (t 6 Ll r- Si Phone:3 t2 - -11.9 — Ii 2 Fax: i.i 3 Ito State: r. A Zip: w - Q3 Sei.i2.\s,AA 4.,r .: yvAt. Cu.,^-N, of applicant: (a) Owner (b) Other '- (CHECK ONE): If other explain: bc,,c_\ t.Qvtu z c. Property Address: City: Email: PROPERTY owner's name if different t n above (please print): C; op h, t, -to e Phone: Fax: State: Zip: INFORMATION: a. General location of site plan to be amended: I t' 1 S S c -, 0-410‹.. C b. Legal description of property or portion to be amended: Lis I - %2. gic, y w.-4 MA, , ( (It vi I ..6t1.A_ANDS L.,.,t .\I , c. Di d. Ar e. C f. Re It, ensions of proposed site plan amendment: 28y X Zcts- of proposed site amendment: i,. 2. 31. S plan ent zoning: C',— td P lD;nwxi C.,,I,,A„ c.' \ � OA‘-'� son(s) for site plan amendment and proposed use(s) of property: u-b c� n . a ‘ %A . C},rtc. t, skk .ram a A'si1w a \ ln" g. Conditions (if any) agreed to (does not existing conditions unless specified): h. Other information (use reverse side if necessary): pertinent lease Not ubdivide (plit) fr filing f City of funded fo squire that ie same o ;ommissio ertify and nd correct be Waterl Iroperty : If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent tc any land, vacant or innpioved in conjunction with this request it must go through a platting proses: m site plan amendment request). e of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable tc aterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be failure of said amendment to be enacted into law. Any major change in any of the information given wil the request go back through the process, with a new filing fee. If the request is denied no new petition covering portion of the same property shall be filed with or considered by the Planning, Programming, and Zonin€ until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigns r oath and under the penalties of perjury that all information on this request and submitted along with it is trw All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission am City Council in making their decision. The undersigned authorize City Zoning Officials to enter the question in regards to the request. a 14 ii f Applicant Date Signature of Owner Date Page178 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Traffic Operations Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving submission of ICAAP grant application in the amount of $700,000.00, for construction of a roundabout at the Hammond Avenue and Ridgeway Avenue intersection, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT Improved traffic flow results in reduced traffic noise in the neighborhoods and cleaner air in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ICAAP GRANT ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. IOWADOT ICAAP APPLICATION Page 179 of 383 Page 180 of 383 Form 230017 (05-20) General Information: IDWA DDT PROJECT APPLICATION IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) Applicant Agency: C ity of Waterloo, Iowa Public Agency (required) Contact Person (Name and Title): Tina Schellhorn E-mail: Tina.Schellhorn@waterloo-ia.org Complete Mailing Address: 625 Glenwood Street Waterloo City Street Address and/or Box Number 50613 (319) 291-4440 State ZIP Code Daytime Phone If more than one agency or organization is involved in this project, please state the name, contact person, mailing address, and telephone number of the second agency. (Attach an additional page if more than two agencies are involved.) Co -Applicant Agency: E-mail: Public Agency, Non -Profit Organizations, For -Profit organization, orindividuall Contact Person (Name and Title): Complete Mailing Address: Street Address and/or Box N umber City State ZIP Code Daytime Phone Protect Information: ProjectTitle2: Hammond Avenue / Ridgeway Avenue Roundabout Project Description (including length, if applicable): Roundabout installation at the intersection of Hammond Avenue / Ridgeway Avenue. *Project priority (1 = highest priority): (a sponsor submitting multiple applications in this funding cycle must assign a numerical rank or priority to each application.)3 *Assign the proposed project to one or more of the following categories (check one or more): ❑ Transportation -Related Project in the State Implementation Plan (SIP) Transportation Control Measure (TCM) Traffic Flow Improvement (intersection, Signalization, Other) ❑ Planning and Project Development ❑ Travel Demand Management (TOM) ❑ Transit -Related Improvement ▪ Shared -Ride ▪ Bicycle or Pedestrian Facility or Program (select one) [] Intermodal Freight ❑ Passenger ❑ Alternative Fuels ❑ Vehicle Inspection and Maintenance Program ❑ Outreach Activity (Education, Advertising, or Technical Assistance) is the project consistent with the State Implementation Plan for air quality for non -attainment areas? ❑ Yes ❑ No slot Applicable *!s the project consistent with the MPO's local congestion management plan? ❑ Yes ❑ No j Jot Applicable is the project consistent with the fir O ❑ RPA ❑ Statewide Long -Range Transportation Plan? ) Yes ❑ No ❑ Not Applicable Notes: 1Requires public agency as co-sponsor of application. 2The term "project" means any ICAAP infrastructure or program proposal. 3The Iowa Department of Transportation will use the priority ratings to reflect the sponsor. Page 181 of 383 Project Costs (an itemized breakdown must be included on an attached sheet): Total Cost: Iowa Clean Air Attainment Program Fund Request: Applicant Match $1,200,000.00 $700,000.00 $500,000.00 Projects with a private for -profit co -applicant require a minimum 50 percent applicant match; all other projects require a minimum 20 percent applicant match. 2. 3. List All Applicant Match Sources Amount Assured or Anticipated (Date Anticipated) City of Waterloo $500,000.00 July 01, 2025 Are any state funds involved in this project? ❑ Yes lelo If Yes, please explain the source and conditions: Are any other federal funds involved in this project? ['Yes 01 If Yes, please explain the source and conditions: Estimated Project Development Schedule: Design: Land Acquisition: Construction: Start Date: February 01, 2026 Start Date: May 01, 2026 Start Date: July 01, 2026 Has any part of this project been started? ❑ Yes eVlo If Yes, please explain: How do you plan to measure the success of this project? Before and after modeling. Completion Date: Completion Date: Completion Date: May 01, 2026 May 01, 2026 July 01, 2027 Page 2 of 6 Page 182 of 383 Required Documentation and Narrative Information The following documents and narratives must be submitted with this application. In the upper right corner of each document or narrative write the corresponding letter shown below. 2 A. A NARRATIVE assessing existing congestions/air quality conditions, outlining the concept of the proposed project, and providing adequate project justification. How will this project reduce congestion, reduce travel or single occupant vehicle usage, and/or improve air quality? Which transportation -related pollutant(s) are being addressed: carbon monoxide, ozone, or particulate matter (PM)? A DETAILED MAP identifying the location of the project and clearly differentiating the subject project from any past or future project phases. An ITEMIZED BREAKDOWN of the total project costs. This documentation does not need to be a detailed, line -item type of estimate. However, it must accomplish two objectives: First, it must show the method by which the cost estimate was prepared; and second, it must enable a reviewer to determine if the cost estimate is reasonable. The manner in which these objectives are achieved may vary widely depending on the type, scope. and complexity of the project. Absent a fully itemized list of costs, some general guidelines for possible methods of estimating each type of project cost are provided on Attachment A. c D. A TIME SCHEDULE for the total project development. [r E. An OFFICIAL CERTIFICATION from the applicant's governing body (authority) that it shall: (1) commit the necessary local matching funding for project implementation and (2) upon project completion, be responsible for adequately maintaining and operating the project for public use during the project's useful life. F• An ADOPTED FORMAL RESOLUTION from the appropriate MPO or RPA declaring the sponsor's proposed project ❑r program conforms to the MPO's or RPA's regional transportation planning process. (For MPOs, the project or program must be identified in the fiscally constrained transportation plan and, if applicable, the congestion management plan in TMAs.) • G. CALCULATIONS for vehicle emission reductions and total project cost-effectiveness for the targeted pollutants. Project applicant must show through a quantitative analysis how many kilograms of pollutant will be reduced (CO, VOC, NOx, and, if applicable, PM). Project sponsor must calculate the cost-effectiveness of the project by: Dividing the total annualized project cost by the number of kilograms per year of pollutant reduced ($ per kg). Applicant must also show all assumptions and source of data used to calculate the estimates. The applicant must use the most current vehicle emission factors developed by the Iowa DNR and consistent with the U.S. EPA's MOBILE 6.2 air quality model. These emission factors are periodically updated and may be obtained from the Iowa DOT's ICAAP website at: https://iowadot.gov/systemsjlanning/Grant-Programs! I owa-Clea n-Air-Attain ment- Program-ICAAP. • H. Completed MINORITY IMPACT STATEMENT attached to application. B. • C. The award of ICAAP funds; any subsequent funding or letting of contracts for design, construction, reconstruction, improvement, or maintenance; and the furnishing of materials for this project shall not involve direct or indirect interest of any state, county, or city official, elective or appointive. All of the above are prohibited by Iowa Code 314.2, 362.5, or 331.342. Any award of funding or any letting of a contract in violation of the foregoing provisions shall invalidate the award of ICAAP funding and authorize a complete recovery of any funds previously disbursed. Certification To the best of my knowledge and belief, all information included in this application is true and accurate, including the commitment of all physical and financial resources. This application has been duly authorized by the participating local authority. I understand the attached official endorsement(s) binds the participating local governments to assume responsibility for adequate maintenance of any new or improved facilities. If ICAAP funding assistance is approved for the project described in this application, I understand that an executed contract between the applicant and the Iowa DOT is required before such funding assistance can be authorized for use in implementing the project. Representing the City of Waterloo (Name of Applicant's Governing Authority) Signature Date Quentin Hart, Mayor Typed Name and Title Date (Governing Authority Official) Page 3 of 6 Page 183 of 383 CaIOWADOT Form 105161 (3-18) Minority Impact Statement Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code 8.11, all grant applications submitted to the State of Iowa that are due beginning Jan. 1, 2009, shall include a Minority Impact Statement. This is the state's mechanism for requiring grant applications to consider the potential impact of the grant project's proposed programs or policies on minority groups. Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). Submit additional pages as necessary. ❑ The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. Describe the positive impact expected from this project. Indicate which groups are impacted. ❑ Women ❑ Persons with a disability ❑ Blacks Latinos Asians ❑ Pacific Islanders ❑ American Indians ❑ Alaskan Native Americans ❑ Other The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. Describe the negative impact expected from this project. Present the rationale for the existence of the proposed program or policy. Page 184 of 383 Provide evidence of consultation with representatives of the minority groups impacted. Indicate which groups are impacted. ❑ Women ❑ Persons with a disability ❑ Blacks ❑ Latinos ❑ Asians ❑ Pacific Islanders ❑ American Indians ❑ Alaskan Native Americans ❑ Other The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. Present the rationale for determining no impact. I hereby certify that the information on this form is complete and accurate, to the best of my knowledge. Name Tina Schellhorn Title Associate Traffic Engineer ❑efinitions "Minority Persons," as defined in Iowa Code 8.11, means individuals wh❑ are women, persons with a disability, Blacks, Latinos, Asians or Pacific Islanders, American Indians, and Alaskan Native Americans. "Disability," as defined in Iowa Code 15.102, subsection 7, paragraph "b," subparagraph (1): b. As used in this subsection: (1) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of physical or mental impairment that substantially limits ❑ne or more of the major life activities of the individual, or being regarded as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual. "Disability" does not include any of the following: (a) Homosexuality or bisexuality. (b) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments or other sexual behavior disorders. (c) Compulsive gambling, kleptomania, or pyromania. (d) Psychoactive substance abuse disorders resulting from current illegal use of drugs. "State Agency," as defined in Iowa Code 8.11, means a department, board, bureau, commission, or other agency or authority of the State of Iowa. Page 185 of 383 REQUEST FOR IOWA'S CLEAN AIR ATTAINMENT PROGRAM (ICAAP) ATTACHMENT A Itemized breakdown of total project costs guidelines. Construction costs These may be based on historical averages for entire projects of similar size and scope. Examples include: • Typical cost per mile of trail (e.g., $200,000 per mile for moderate terrain and limited number of structures). • Typical cost per square foot of bridge deck. • Typical cost per square foot of fiber optic traffic signal interconnect cable (i.e., $178,000 per mile). • Typical cost per traffic signal upgrade (i.e., $163,000 per lump sum signal bid item). Design/Inspection costs These may be estimated based on the following typical percentages of construction costs, such as: • 8 to 10 percent for preliminary up through final design and letting activities. • 12 to 15 percent for construction inspection activities. Right of way acquisition costs These may be estimated based on: • Impact and description of impact. • Typical cost per square foot for permanent right of way. • Typical cost per square foot for temporary easements. Utility and railroad costs These may be estimated based on: • Impact and description of impact. • Typical cost per linear foot of relocated or reconstructed facility (i.e., track, pipe, electrical lines). • Typical cost per installation (i.e., railroad switches, utility poles, transformers, control boxes). Indirect costs If indirect costs are involved (e.g., wages): • Estimated hours. • Estimated hourly rate, salary. • Estimated fringe, direct. • Other direct cost estimate. • Other indirect cost estimate. Page 6 of 6 Page 186 of 383 A. Narrative B. Map Existing Condition Hammond Avenue is a two-lane urban roadway classified as a minor arterial with a 30 mph speed limit. Ridgeway Avenue is a two-lane urban roadway classified as a minor arterial with a 35 mph speed limit. The 2021 DOT traffic map shows an AADT on the north leg of Hammond Avenue of 9000, 9200 on the south leg of Hammond Avenue, 8900 on the west leg of Ridgeway Avenue, 7100 on the east leg of Ridgeway Avenue. Hammond Avenue is offset to the north and south of Ridgeway Avenue which creates a skewed intersection. At the intersection, there is an eastbound right turn lane and a channelized northbound right turn lane. The intersection is controlled by all way stop control. The intersection experiences a large number of crashes. Broadside (front to side) and rear -end crashes are the predominant type of crashes. A high number of crashes related to running a stop sign occur at the intersection. The intersection is at capacity and a lot of the crashes are likely due to congestion and frustrated drivers. Excess emissions are also a result of congestion. A roundabout can reduce the crashes and congestion considerably. Proposed Concept A single lane roundabout is proposed. A roundabout can improve safety and congestion of the intersection. A roundabout will reduce the number of conflict points at the intersection and improve traffic flow. Drivers entering a roundabout will have only one conflict point with circulating traffic. Drivers entering the existing intersection have multiple conflict points. Reducing the number of conflict points will increase safety. A roundabout will also improve the geometry of the skewed intersection. - pe Martin Memorial P a' >`D E kl i ltHerf Aye 14 Howard Jahnton by Wyndham Waterloo/Cedar... SunnysiaeGolf Country Club 9 Van 44,1er W y Grady Instrument Services Anstzmugh pre Wate E Rrtlge.rar av e MercyOhe Walerloo Medical Center I w San Marlon Dr Furniture Row Indepenvence.Ave Incepe ndenceAve rs'Plus kesi.dency.WaL. riI UScellu]ar dountry inn & Suites by lr Radisson, Waterloo, IAA Waterloo Lost island KOA Resort Thp.ra7ed Project Location u � 1 0zersvnd P r Evansda1e Iowa kle Casino tel Waterloo Lost Island Themepark e-rnrorarily •�sc; Page 187 of 383 C. Itemized Costs Preliminary Cost Estimate Units Unit Cost Quantity Total Cost Removal of Pavement SY S16.00 3400 $54,400 Topsoil, Strip, Store, Spread CY $20.00 200 $4,000 Signage LS $2,500.00 1 $2,500 PCC Roadway SY $85.00 3533 $300,305 Curb and Gutter LF $45.00 2200 $99,000 Granular Subbase SY $12.00 3686 $46,636 Storm Sewer LS $50,000.00 1 $50,000 Sanitary Sewer LS $40,000,00 1 $40,000 Water Main LS $40,000 00 1 $40,000 Pavement Markings LS $12,000,00 1 $12,000 Street Lighting EA $10,000.00 20 $200,000 Topsoil CY $30.00 500 $15,000 Seeding LS $2,500.00 1 $2,500 Erosion Control LS $5,000.00 1 $5,000 Traffic Control LS $50,000 00 1 $50,000 Mobilization LS $15,000 00 1 $15,000 Contingencies (10% of Construction Cost) LS $93,634,06 1 $93,634 Engineering $125,000 Total $1,154,975 Rounded Total $1,200,000 ICAAP Funds $500,000 City Funds $700,000 Page 188 of 383 D. Schedule Preliminary Schedule Funds Available JULY 2025 Preliminary / Check Plans FEBRUARY 2026 Right of Way Acquisitions MAY 2026 Final Plans APRIL-MAY 2026 Construction Letting JULY 2026 Construction JULY 2026-JULY 2027 Page 189 of 383 E. BLANK PAGE FOR CITY APPROVAL OF FUNDING Page 190 of 383 F. BLANK PAGE FOR FORMAL RESOLUTION CITY APPROVAL OF FUNDING Page 191 of 383 G. CALCULATIONS FOR VEHICLE EMISSIONS REDUCTIONS The following calculations represent the specific emission reductions expected as a result of improved traffic operations throughout the intersection area. Peak hour traffic volumes used in the emission reduction calculations were counted in May 2024. ADT traffic volumes used were obtained from the Iowa DOT 2021 ADT map. Average speed data was obtained from Sidra Intersection modeling of the before (all -way stop control) and after (roundabout control). Emission factors in grams/mile for hydrocarbons volatile organic compounds (VOC (HC3)), carbon monoxide (CO), and nitrogen oxide (NOx) were obtained from the EPA's MOBILE 6.2 air quality model for operating speeds along city arterials. Cost Effectiveness of Total Emissions Reductions The following Summary Table depicts the anticipated total annual emissions reduction in the intersection area, within the project limits, and the annual cost per kg of reduced pollutant for VOC, CO and NOx. Detailed calculation is depicted in the tables on the next page under Detailed Calculation - Conversion to Roundabout. Summary Table Estimated Emissions Reductions VOC (HC) CO NOx CO2 Total Annual Reduction (kg/yr) 899 3458 511 0 Cost Effectiveness Total Estimated Project Cost ($) 1,200,000 Effective Project Life (Years) 25 Annual Project Cost ($) 48,000.00 Annual Cost per kg of Reduced Pollutant ($/kg/yr) $ 53.37 $ 13.88 $ 93.87 Page 192 of 383 Detailed Calculation - Conversion to Roundabout Intersection Data Roadway Length Analyzed (miles) 0.76 Average Daily Traffic (ADT) 17,100 Vehicle Miles Traveled 12,996 AM Peak Hour VMT 780 PM Peak Hour VMT 1,170 Off -Peak Hour VMT 11,047 % AM Peak Hour of ADT 6% % PM Peak Hour of ADT 9% Estimated Emissions - Existing Conditions Speed VOC (HC) CO NOx CO2 Average Speed - AM Peak Hour (mph) 22 Average Speed - PM Peak Hour (mph) 15 Average Speed - Off -Peak Hour (mph) 23 Emissions Factor -AM Peak Hour (g/mi) 1.913 13.282 1.864 563.190 Emissions Factor -PM Peak Hour (g/mi) 2.340 15.242 2.086 563.190 Emissions Factor -Off Peak Hour (g/mi) 1.879 13.137 1.843 563.190 Peak Hour Emissions = AM Peak VMT x EF (g) 1492 10357 1453 439153 Peak Hour Emissions = PM Peak VMT x EF (g) 2737 17828 2440 658730 Off -Peak Emissions = Off -Peak VMT x EF (g) 20757 145119 20359 6221335 Daily Emissions = 1 Emissions (g/day) 24985 173304 24252 7319217 Estimated Emissions - Post Conditions Speed VOC (HC) CO NOx CO2 Average Speed - AM Peak Hour (mph) 29 Average Speed - PM Peak Hour (mph) 26 Average Speed - Off -Peak Hour (mph) 29 MI Emissions Factor -AM Peak Hour (g/mi) 1.727 12.587 1.755 563.190 Emissions Factor -PM Peak Hour (g/mi) 1.793 12.799 1.792 563.190 Emissions Factor -Off Peak Hour (g/mi) 1.727 12.587 1.755 563.190 Peak Hour Emissions = AM Peak VMT x EF (g) 1347 9815 1368 439153 Peak Hour Emissions = PM Peak VMT x EF (g) 2097 14970 2096 658730 Off -Peak Emissions = Off -Peak VMT x EF (g) 19077 139044 19387 6221335 Daily Emissions = F Emissions (g/day) 22521 163829 22851 7319217 Estimated Emissions Reduction Speed VOC (HC) CO NOx CO2 Daily Emissions = X Emissions (g/day) 2464 9475 1401 0 Annual Reduction = daily reduction x 365 (kg/yr) 899 3458 511 0 Page 193 of 383 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 16, 2024 AGENDA ITEM TITLE Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing a 2024 Ford F350 4WD Regular Cab Longbox, in the amount of $47,659.25, from Stivers Ford, for the Fire Department. RECOMMENDED COUNCIL ACTION Requesting approval of purchase for Fire Dept. SUMMARY STATEMENT AND BACKGROUND INFORMATION Replacing unit 121325 as multi purpose truck / snow plow truck. This is a State Bid purchase. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES 322-12-1410-2117 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 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Its ., re-.. ring n...1.1 he- r..1,"t. 51D interior loll. - ,.1r.:nit rrr-.M1 AC ,:ilh atl re 4,r.00d r.fa Y.r.t 511) 'a a-: tlr T.1.tfry T+F le..rd hot dra'cr i^utall-d .a:rwjt,tlr S111 1, ,x P,�sx�r Tx-h.mnrr,'1'rrrs.ur,w:.l+at le.ml_rarme re,:4Mrsrr,nl le- r Ir.m.msv:n ,• 16m41.1 at Lrcr '00 F . t -+ ,ti!,1; F 1,5 Wilt :rItereel Cott sf b re-, ,v-ie 1, L.r.-. .......... la d 1; r,.isi e rrtr.T ....Tr, 1r:•n Pic -tags ir.trd.-r,.s.Sh1,..,:IsHrg l,r n.Y'.r.., hat. d_,,....,11.,.F„fa h,.,r.a:,.I.-n,.io ,p. a:t';n;40 tends seat t t-pass7w•lr th tipbYt.e-i, fahAep center a� Safety Pr,sr, rna re- .2%VI dArtt fia.S STb 11.`fe1rrrg ii; has If.,...I rl:le rr..,I Tunas. 5T❑ .1.11.1F.4 Camera I, r r, i-..f ate-+f ,4, tin Suspension ---,spent+ nPakage ti.-,li Duty 4.4 ;.71 r.%04 54Svn=strn =., 4 ,:r. fr ,,,Flute kvoteedlris Paesyle (hnsv. ,s,ti 4.., is 1is slld.t.' exa>l krf0a,1.1.1 ar.slrh1r 17'. Tiles & Wheels Drys IIe,: ; , Uty,'sr (-F" patsenger flat 4,-c4 014E40 eft-Letrain redid tiles: All-teesor) 1.1'.S Iles accepter:le°offVAen'tT" :II erral4 fedtffis r.a aYellehle.of{!#i Road It*r.:ceepaabk only *F,Nt'LT d5terrdnradfSre,twsi`eble- .55 T1,1..41.1, rot re-., w.INli,1F FT, .d furs pobiird} , • it a, r If evaFlak1e west preside Is Spate tall sieT Y RASE VEHICLE PRICE CONFIGURED AS PER ARGUE: $47,090.00 Delivery Cost to Department of Administrative Servkcs, 0ea Mc3nes: $0,00 t i TOTAL VEHICLE PRICE INCLUDING BASE COST AND DELIVERY: $47,090.00 I in?I Aid Price Page 196 of 383 11Pt1 Group 2 -Standard Cah AX'l Heavy Pkkui, Automata: Transmi511Of1 Faamplea: Ford 350 Pale 2 S7Tib 4$ 1 Engtne Minimum Requhement1 Mfg. Codes • Specs (Note STD for standard) Cost 1nl lie Noe: Heater OEd1}CT C051: -525.00 l moor L'plrad 42 Ttsrbotheryed One svl,mh,n:,m6.,.d:1l.rHI, rt- M.nt to cal nlm naive,: 1':n lit', en rreum ]St:I*/ft. tnrgue+a1h HO automatic trandeltslcn.lndude ail rewi-.J ecttent Dad ether pertine.t Ir[prrnation. c mdara trios: 6.7 HP: e75 Toque: 1050 $10,750,00 Dorn & Wtndorrs y. ; t: Ilddlicnxl 7 robs mth r'nh bottom strtr 2keys and ides w/o p'ad• butters start O1R V, Exterior k�IklCr 54•44 hsFactory matalod preferred, re WI milt rra-.ale; dcslr, 1 r•11,1 et an,ct 1110 a, hen(arinry merd'ed nnl a':a 14Hr y45 Factory lnstalietRY 555 FM hsest Fairly nsti'ledpre here d, if avrlat'a went p.n.'..l.dra'ee incea(rd,:rapt ate A Frtn factoraka rege.i r:-.t r:aeat a MI F#aylmtatdrd7Y 35s Pr.1 Mat Fad ryI'm taeed prof erred, N na0able mutt provide; dealer int>dled acceptable r.hrn Fa.nry 4,1.'4.1 n zt a. aPatle 451,1 Fa.tary Mahbed7Y aS1 t.!att�a;, CIFl.1 a4,a r OEM wue,3bk I'd fleheavy duty, betr'ndal%ghee14. Ha dealer Iacono msd 11 ors. OUfer intaalled t eeeraat>e sTO Frrtcryinztalkd7 i 5, R,m-,.1 Boards 'Tu61a., F rawly Inctilndl.rrierrrd, 4 rra'd'," mill Fr rr,ldr, dreier rust e"r1 .1-e rnl 1r v.brn Fa-h-, r nstare 3 n:l a.n rb'. hlS S11r,r.1 Trr:.en to.rr SOH Mate nal ttyte,talky or trifdctd_aiakthlled acceptable 5111: Fadoryinihttedi 5575 OD 1rr7ranto. rr Hardnnfrr, lock rt.: drare 11-istallr d a:cetl ate 1 t a tacitly rat 414171 51,7a1 C1 It eke Ora1t EardeoAv Otr.1 kit.' crate J, Fadtr ry nstilyd per faro 1, ,f a•anlal'r msrtt EtnsaJ., d,n'. r ,t Ina'I,d aerrpt late a4vn t a•.tr0a ry y..at'd n't dlalr. 52$ 9}»nt lr ter lcw paddy. a Gaornreck Tr.1a Ma , Mclean Y onto trore I wkiry, a4eet, powder coatedOnish}'1 aaar1aMe roast lro',id.l, incest meet all OM fastensag reepirerrsents, Flttnry' lastal1rd preferred, if waiab1e scoot provide; deafer Instaa_d accepts l! when Fxtwy I.utaIr•I r,.t a, a'al le 151 $99.t.65 F1O01 57P FactorfktatYledi 3 Sir, Pd a!,cr 1.1a11. MI P:r ,rh.r, dr der irnt!1 ri.srt eptatte FIR Factory Installed/ $7:'} n, Safety Fr.trri.ml el.d> a Rem Pa:l,p rn,FaMtrynrrnrrdtr,tdei+rInd .1'edaruFlDP! lEC Fa I.rin,o.l-I1 5200,00 E.rsrrrc Sen: nR 5 r ,rem I(a:4iay perfected bat drake rnita'led wee, tah'e 756 F a.t, ay ,n,t+'1 :1> $250,00 SO41100 476 r... ... F1yv/ AepPadcate Increased capacity !tent s'.sprsssion and other mmpeeents nnewseery Mr inearci hadvusn by unta(.atiws of a front snow plow. Factcry:retailed Preferred, M a'nlabia mast r n...;dr, dr.. rr 1n,1 a'. d a, caplab'e a.ten ixctory hiE><ded not 4f3 Fattcay knelled) Y $30.90 Other r Ova &Onenot lutedabove IMrt oM perceabtga al i,WIP II. 'nmr ) .0 It r n.k ir. a rpedned:n eh.l'.Hd. 'Fe oh: elten. Trans and [aadibnsdoasrsterdattached tothe b&'i . reald p:vnr cacao t r. ht rr, r,sacred - Enter PermentagoDisco untMSRP: 1 flat'! f;t` Or awry Fair Mee drr rrdr to dr 1. rr wki:le .ne-,1F..r inhtarr¢frna.. Pee Mlle Charge 5 3.5 0 pion brl ,cry colt 01.rry'Cad to Departmrnl nl Mmhkbati.r Servi:et, in Des fbenn, Id Enter olrc16n c.,rlc numbec1 0.011 tiervAlli0\ t4A asi -g!J ` c r1Ce 147(O 0 Vacc Red Igo ck47.5o 0,4 cw-Avy rov7.6t 0 64-ei) oSeemtj1135-- 1-17, G5ct•25 Page 197 of 383 Pre -Authorization Request F. lAb De./04- Item Description: -7r T Ve/vel v�v~ Cad, I-6r1 Intended Use (replacement for X, new unit for X purpose, etc.): /,cv /�Zj 3.�f as ,�n.0 /f[' fUr � 5'%1dc) plau1 1-ru Sourcewe[l state Bi) / HGAC / Demo Unit Quotes: 1. �� $ G ! vendor:' 1 Ver -}1' 2. $ Vendor: 3. $ Vendor: Account (GL code): )LJ/a.,g)17 Page 198 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department September 16, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Restoration Services of Waterloo, Iowa, in the amount of $37,015.00, in conjunction with the Hangar No. 4 Improvements - Tuckpointing and Painting, under the IDOT FY-23 CSVI Project, Contract No. 4606. 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. SK082724.Itr Project Completion Page 199 of 383 Page 200 of 383 /� _COM Imagine it. AECOM /�"1� Delivered. 500 SW 7th Street Des Moines IA, 50309 USA aecom.com August 27, 2024 Mr. Steven Kjergaard Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Hangar No. 4 Improvements - Tuckpointing and Painting Waterloo Regional Airport Waterloo, Iowa CSVI Project No. 91230ALO200 Contract No. 4606 AECOM Project No. 60703079 Dear Mr. Kjergaard: By this letter, we hereby state: 1. We have made a final review of the project on June 19, 2024, and recommend acceptance. 2. To the best of our knowledge and belief, based on observations of AECOM, the contractor, Restoration Services, Inc. has performed the work in accordance with the contract requirements in effect for the above -referenced project. 3. The total cost of the completed work is $ 37,015.00. Q, ci tss: `,,, ' Q°1 :1- '" • DAVID B. .0 HUGHES • Z _ u; 13037 : 7, .• ''%,,nf oiwnI a "°' n I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the state of Iowa. C.3 \ August 27, 2024 David B. Hughes License No. 13037 My license renewal date is December 31, 2025. Pages or sheets covered by this seal: Date Page 201 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Motion approving Final Quantity Summary with Lodge Construction, Inc., of Clarksville, Iowa, for a net decrease of $47,867.86, in conjunction with the FY 2021 Cedar River Marina and Recreational Enhancements, DOT Project No. TAP-U-8155(768)--8I-07, Contract No. 1011, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Final Quantity Summary SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 202 of 383 1. #1011 FINAL SIGNED Page 203 of 383 CITY OF WATERLOO, IOWA FINAL QUANTITY SUMMARY PROJECT: Water Trails Facility - Cedar River Marina - DOT Contract ID 07-8155-768 Date Prepared: August 27, 2024 AMOUNT: $ 47,867.86 Decrease TO: Lodge Construction Inc. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated January 31, 2022. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As -built quantities varied for some bid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through contract bid items and change orders. See attached summary. Total Net Decrease $ 47,867.86 CITY OF WATERLOO BY: Lodge Construction Inc. Mayor Date CONTRACTOR BY: ATTEST: Date PRINTED NAME: S Avi City Clerk Date TITLE: APPROVED: (1(PA-'-'-----ityngineer ate Page 204 of 383 Final Quantity Summary TAP-U-8155(768)--81-07 Water Trail Facilities- Cedar River Marina NW corner of River Road and Commercial Street Intersection AECOM No. 60677437 _ ITEM NO. ITEM CODE ITEM UNIT BID PRICE CONTRACT QUANTITIES FINAL QUANTITIES DIFFERENCES INCREASE/DECREASE DIVISION 1 QUANTITY DIVISION II QUANTITY DIVISION I TOTAL QUANT DIVISION II TOTAL QUANT DIVISION 1 TOTAL QUANT DIVISION II TOTAL QUANT DIVISION 1 TOTAL DIVISION II TOTAL FINAL AMOUNT 1 2101-0850001 CLEARING AND GRUBBING ACRE $ 15,000.00 0.20 0.70 - 0.5 $ - $ 7,500.00 $ 7,500.00 2 2102-0425071 SPECIAL BACKFILL CY $ 40.00 780.00 (780.0) - $ (31,200.00) $ - $ (31,200.00) 3 2102-2710090 EXCAVATION, CLASS 10, WASTE CY $ 27.00 390.00 40.00 (350.0) - $ (9,450.00) $ - $ (9,450.00) 4 2104-2713020 EXCAVATION, CLASS 13, CHANNEL CY $ 13.00 2500.00 2,614.00 114.0 - $ 1,482.00 $ - $ 1,482.00 5 2105-8425005 TOPSOIL, FURNISH AND SPREAD CY $ 42.00 700.00 472.00 (228.0) - $ (9,576.00) $ - $ (9,576.00) 6 2113-0001100 SUBGRADE STABILIZATION MATERIAL, POLYMERGRID SY $ 3.00 1778.00 1,778.00- 7 2115-0100000 MODIFIED SUBBASE CY $ 57.00 401.00 22.00 450.90 22.00 49.9 - $ 2,844.30 $ - $ 2,844.30 8 2123-7450020 SHOULDER FINISHING, EARTH STA $ 1,000.00 5.68 5.68- 9 2301-1033100 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C, CLASS 3 DURABILITY, 61N. SY $ 68.00 860.50 848.85 (11.7) - $ (792.20) $ - $ (792.20) 10 2301-6911722 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C, CLASS 3 DURABILITY, 8 IN. SY $ 78.00 355.90 428.84 72.9 - $ 5,689.32 $ - $ 5,689.32 11 2303-1131500 HOT MIX ASPHALT STANDARD TRAFFIC, BASE COURSE, 1/21N. MIX SY $ 44.00 435.00 346.76 (88.2) - $ (3,882.56) $ - $ (3,882.56) 12 2303-1133500 HOT MIX ASPHALT STANDARD TRAFFIC, SURFACE COURSE, 1/2 IN. MIX, NO SPECIAL FRICTION REQUIREMENT SY $ 22.00 435.00 635.65 200.7 - $ 4,414.30 $ - $ 4,414.30 13 2304-0101000 TEMPORARY PAVEMENT SY $ 75.00 212.00 272.00 - 60.0 $ - $ 4,500.00 $ 4,500.00 14 2312-8260050 GRANULAR SURFACING ON ROAD, CLASS A CRUSHED STONE CY $ 45.00 150.00 150.00- 15 2401-6745356 REMOVAL OF CONCRETE FOOTINGS OF LIGHT POLES EACH $ 1,000.00 5.00 7.00 2.0 - $ 2,000.00 $ - $ 2,000.00 16 2401-6745910 REMOVAL OF SIGN EACH $ 47.00 15.00 15.00- 17 2402-0425031 GRANULAR BACKFILL TON $ 21.00 180.00 545.17 365.2 - $ 7,668.57 $ - $ 7,668.57 18 2403-0100000 STRUCTURAL CONCRETE(MISCELLANEOUS) CY $ 800.00 309.40 135.40 (174.0) - $ (139,200.00) $ - $ (139,200.00) 19 2404-7775000 REINFORCING STEEL LB $ 1.75 26817.00 31,174.50 4,357.5 - $ 7,625.63 $ - $ 7,625.63 20 2414-6444100 STEEL PIPE PEDESTRIAN HAND RAILING EACH $ 100.00 37.00 37.00- 21 2435-0130148 MANHOLE, SANITARY SEWER, SW-301, 48 IN. EACH $ 6,000.00 2.00 2.00- 22 2435-0140148 MANHOLE, STORM SEWER, SW-401, 48 IN. EACH $ 5,000.00 1.00 1.00- 23 2435-0250700 INTAKE, SW-507 EACH $ 7,000.00 2.00 2.00- 24 2435-0600010 MANHOLE ADJUSTMENT, MINOR EACH $ 1,000.00 1.00 1.00- 25 2435-0600020 MANHOLE ADJUSTMENT, MAJOR EACH $ 3,500.00 1.00 1.00- 26 2435-0700010 CONNECTION TO EXISTING MANHOLE EACH $ 3,000.00 1.00 1.00- 27 2503-0114215 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 20000 (CLASS III), 151N. LF $ 50.00 175.00 177.00 2.0 - $ 100.00 $ - $ 100.00 28 2504-0114008 SANITARY SEWER GRAVITY MAIN,TRENCHED, POLYVINYL CHLORIDE PIPE (PVC), 81N. LF $ 65.00 200.00 200.00- 29 2507-3250005 ENGINEERING FABRIC SY $ 3.00 1308.70 1,308.70- 30 2507-6800061 REVETMENT, CLASS E TON $ 39.00 1200.00 2350.82 - 1,150.8 $ - $ 44,881.98 $ 44,881.98 31 2510-6745850 REMOVAL OF PAVEMENT SY $ 8.00 3930.00 3,930.00- 32 2510-6750600 REMOVAL OF INTAKE AND UTILITY ACCESSES EACH $ 1,000.00 2.00 3.00 - 1.0 $ - $ 1,000.00 $ 1,000.00 33 2511-0302600 RECREATIONAL TRAIL, PORTLAND CEMENT CONCRETE, 61N. SY $ 68.00 505.60 549.80 44.2 - $ 3,005.60 $ - $ 3,005.60 34 2511-0302800 RECREATIONAL TRAIL, PORTLAND CEMENT CONCRETE, 81N. SY $ 78.00 44.40 45.30 0.9 - $ 70.20 $ - $ 70.20 35 2511-6745900 REMOVAL OF SIDEWALK SY $ 8.00 409.00 409.00- 36 2516-8625000 COMBINED CONCRETE SIDEWALK AND RETAINING WALL CY $ 675.00 234.40 317.77 83.4 - $ 56,274.75 $ - $ 56,274.75 37 2523-0000100 LIGHTING POLES TYPE 1 EACH $ 5,775.00 4.00 4.00- 38 2523-0000100 LIGHTING POLES TYPE 2 EACH $ 7,140.00 9.00 9.00- 39 2523-0000200 ELECTRICAL CIRCUITS LF $ 21.00 1311.00 1,311.00- 40 2523-0000310 HANDHOLES AND JUNCTION BOXES EACH $ 1,450.00 4.00 5.00 1.0 - $ 1,450.00 $ - $ 1,450.00 41 2524-9276010 PERFORATED SQUARE STEEL TUBE POSTS LF $ 15.00 28.50 48.80 20.3 - $ 304.50 $ - $ 304.50 42 3635-9276027 PERFORATED SQUARE STEEL TUBE POST ANCHOR, TRIANGULAR SLIP BASE ASSEMBLY EACH $ 550.00 4.00 5.00 1.0 - $ 550.00 $ - $ 550.00 43 2524-9325001 TYPE A SIGNS, SHEET ALUMINUM SF $ 27.00 19.00 30.25 11.3 - $ 303.75 $ - $ 303.75 44 2527-9263109 PAINTED PAVEMENT MARKING, WATERBORNE OR SOLVENT -BASED STA $ 60.00 41.00 31.22 (9.8) - $ (586.80) $ - $ (586.80) 45 2527-9263180 PAVEMENT MARKINGS REMOVED STA $ 110.00 8.53 8.53- 46 2528-2518182 PERMANENT ROAD CLOSURE, URBAN, SI-182 EACH $ 750.00 1.00 1.00- 47 2528-8445110 TRAFFIC CONTROL LS $ 2,650.00 0.95 0.05 0.95 0.05- 48 2533-4980005 MOBILIZATION LS $ 34,500.00 0.95 0.05 0.95 0.05- 49 2599-9999005 ('EACH' ITEM) BUMPER PADS EACH $ 525.00 12.00 12.00- 50 2599-9999005 ('EACH' ITEM) KAYAK LAUNCH SYSTEM EACH $ 5,250.00 2.00 (2.0) - $ (10,500.00) $ - $ (10,500.00) 51 2599-9999005 ('EACH' ITEM) LITTER RECEPTACLE EACH $ 2,600.00 1.00 1.00- 52 2599-9999005 ('EACH' ITEM) STAINLESS STEEL DOCK CLEATS EACH $ 200.00 12.00 12.00- 53 2599-9999005 ('EACH' ITEM) STEEL BENCH SEATING ASSEMBLIES EACH $ 3,600.00 2.00 2.00- 54 2599-9999010 ('LUMP SUM' ITEM) SITE SPECIFIC MATERIALS MANAGEMENT PLAN LS $ 21,000.00 1.00 1.00- 55 2599-9999018 ('SQUARE YARDS'ITEM)COLORED, TOOLED PORTLAND CEMENT CONCRETE, DARK GREY SY $ 112.00 551.30 532.70 (18.6) - $ (2,083.20) $ - $ (2,083.20) 56 2599-9999018 ('SQUARE YARDS'ITEM)COLORED, TOOLED PORTLAND CEMENT CONCRETE, TAN SY $ 112.00 89.80 89.80- 57 2599-9999018 ('SQUARE YARDS' ITEM) POROUS PAVEMENT SY $ 250.00 93.30 87.70 (5.6) - (1,400.00) - (1,400.00) 58 2599-9999020 ('TONS' ITEM) OFFSITE DISPOSAL OF CONTAMINATED SOILS TON $ 210.00 25.00 (25.0) - $ (5,250.00) $ - $ (5,250.00) 59 2601-2634105 MULCHING, BONDED FIBER MATRIX ACRE $ 3,750.00 1.00 3.20 2.2 - $ 8,250.00 $ - $ 8,250.00 60 2601-2636044 SEEDING AND FERTILIZING (URBAN) ACRE $ 3,000.00 1.00 2.11 1.1 - $ 3,330.00 $ - $ 3,330.00 61 2601-2642120 STABILIZING CROP- SEEDING AND FERTILIZING (URBAN) ACRE $ 3,000.00 1.00 2.20 1.2 - $ 3,600.00 $ - $ 3,600.00 62 2602-0000312 PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE, 12 IN. DIA. LF $ 4.00 835.00 590.00 (245.0) - $ (980.00) $ - $ (980.00) 63 2602-0000351 REMOVAL OF PERIMETER AND SLOPE OR DITCH CHECK SEDIMENT CONTROL DEVICE LF $ 1.00 835.00 590.00 (245.0) - $ (245.00) $ - $ (245.00) 64 2602-0000500 OPEN -THROAT CURB INTAKE SEDIMENT FILTER, EC-602 LF $ 17.00 60.00 12.00 (48.0) - $ (816.00) $ - $ (816.00) 65 2602-0000510 MAINTENANCE OF OPEN -THROAT CURB INTAKE SEDIMENT FILTER EACH $ 26.00 6.00 2.00 (4.0) - $ (104.00) $ - $ (104.00) 66 2602-0000520 REMOVAL OF OPEN -THROAT CURB INTAKE SEDIMENT FILTER EACH $ 26.00 6.00 2.00 (4.0) - $ (104.00) $ - $ (104.00) 67 2602-0000530 GRATE INTAKE SEDIMENT FILTER BAG EACH $ 200.00 5.00 6.00 1.0 - $ 200.00 $ - $ 200.00 68 2602-0000540 MAINTENANCE OF GRATE INTAKE SEDIMENT FILTER BAG EACH $ 26.00 5.00 (5.0) - $ (130.00) $ - $ (130.00) 69 2602-0000550 REMOVAL OF GRATE INTAKE SEDIMENT FILTER BAG EACH $ 26.00 5.00 6.00 1.0 - $ 26.00 $ - $ 26.00 70 2602-0010010 MOBILIZATIONS, EROSION CONTROL EACH $ 500.00 5.00 7.00 2.0 - $ 1,000.00 $ - $ 1,000.00 71 2602-0010020 MOBILIZATIONS, EMERGENCY EROSION CONTROL EACH $ 1,000.00 1.00 (1.0) - $ (1,000.00) $ - $ (1,000.00) 72 2610-0000120 TREES AUTUMN BLAZE MAPLE, 2.5 CAL. B&B, TYPE 1 PLANTING EACH $ 670.00 5.00 5.00- 73 2610-0000120 TREES PRINCETON AMERICAN ELM, 2.5 CAL. B&B, TYPE 2 PLANTING EACH $ 600.00 12.00 12.00 74 2610-0000120 TREES SWAMP WHITE OAK, 2.5 CAL. B&B, TYPE 1 PLANTING EACH $ 670.00 6.00 6.00 - - $ - $ - $ - 75 2610-0000400 WATERING FOR PLANTS MGAL $ 100.00 7.00 13.00 6.0 - $ 600.00 $ - $ 600.00 ORIGINAL CONTRACT INCREASE/DECREASE $ (106,510.84) $ 57,881.98 $ (40,628.86) Page 205 of 383 ITEM NO. ITEM CODE ITEM UNIT BID PRICE CONTRACT QUANTITIES FINAL QUANTITIES DIFFERENCES INCREASE/DECREASE DIVISION 1 QUANTITY DIVISION II QUANTITY DIVISION I TOTAL QUANT DIVISION II TOTAL QUANT DIVISION 1 TOTAL WANT DIVISION II TOTAL OUANT DIVISION 1 TOTAL DIVISION II TOTAL FINAL AMOUNT 8001 2503-0114236 8002 2416-0100036 8003 2599-9999005 8004 2599-9999010 8005 2602-0000212 8006 2503-0200036 8007 2602-0000020 8008 2599-9999010 8009 2599-9999009 8010 2599-9999010 8011 2599-9999010 8012 2102-2625001 8013 2599-9999010 8014 2599-9999018 8015 2506-4984000 8016 2599-9999005 CONTRACT MODIFICATIONS 36" RCP 36" RCP Apron 5W-211 Concrete Collar LF $ 150.00 30.00 EACH $ 4,500.00 1.00 EACH $ 1,300.00 1.00 Removal and Disposal of Existing Headwall Floating Silt Curtain Remove Storm Sewer Pipe Less Than or Equal To 36 In. Silt Fence Channel Material Testing LS $ 950.00 1.00 LF $ 42.00 100.00 LF LF LS Floating Absorbent Boom Kayak Launch and Dock System Materials Kayak Launch and Dock System Freight and Installation Embankment -in -place, Contractor Furnished Removal of Unsuitable Material/Sorting of Concrete Cold Weather Protection for Concrete Flowable Mortar Litter Receptacle LF LS LS CY LS $ 25.00 220.00 $ 2.75 550.00 $ 9,705.15 1.00 $ 33.00 80.00 $ 69,010.15 1.00 $ 6,680.00 1.00 $ 17.00 368.00 $ 4,000.00 1.00 CONTACT MODIFICATION INCREASE/DECREASE SY $ 2.00 50.00 CY $ 272.01 45.00 LS $ 1,784.50 1.00 30.00 1.00 1.00 1.00 100.00 250.00 554.00 1.00 80.00 1.00 1.00 368.00 1.00 50.00 45.00 1.00 30.0 750.00 750.00 4.0 11.00 11.00 $ 761.00 $ 761.00 Division I - Tap Funding Eligible (Participating) Division 11 - City (Non -Participating) Division I Division R Pay Estimate Number 1 $ 11,601.20 $ 5,820.00 $ 17,421.20 Pay Estimate Number 2 $ 37,176.28 $ 37,176.28 Pay Estimate Number 3 $ 43,075.27 $ 43,075.27 Pay Estimate Number 4 $ (4,041.64) $ 30,070.00 $ 26,028.36 Pay Estimate Number 5 $ 3,885.82 $ 3,885.82 Pay Estimate Number 6 $ 33,491.97 $ 33,491.97 Pay Estimate Number 7 $ 30,579.54 $ 30,579.54 Pay Estimate Number 8 $ 72,877.29 $ 53,100.46 $ 125,977.75 Pay Estimate Number 9 $ 62,765.44 $ 62,765.44 Pay Estimate Number 10 $ 139,377.57 $ 3,128.25 $ 142,505.82 Pay Estimate Number 11 $ 51,689.79 $ 20,827.59 $ 72,517.38 Pay Estimate Number 12 $ 147,704.81 $ 1,455.00 $ 149,159.81 Pay Estimate Number 13 $ 306,063.33 $ 10,011.17 $ 316,074.50 Pay Estimate Number 14 $ 95,079.43 $ 26,418.48 $ 121,497.91 Pay Estimate Number 15 $ 45,893.23 $ - $ 45,893.23 Pay Estimate Number 16 $ 33,788.54 $ 3,767.09 $ 37,555.63 Pay Estimate Number 17 $ 40,987.50 $ 40,987.50 Pay Estimate Number 18 $ 20,316.80 $ 1,749.35 $ 22,066.15 Pay Estimate Number 19 $ 9,922.38 $ 9,922.38 Pay Estimate Number 20 $ 27,869.41 $ 2,130.59 $ 30,000.00 Total All Payments $ 1,210,103.96 $ 158,477.98 $ 1,368,581.94 original Contract Amount $ Original Contract Modification Amount $ Increase/Decrease Contract Modification $ Final Contract Amount $ Division I 1,182,759.55 $ 133,094.25 $ (105,749.84) $ 1,210,103.96 $ Division II 98,811.50 $ 1,784.50 $ 57,881.98 $ 158,477.98 $ 1,281,571.05 134,878.75 (47,867.86) 1,368,581.94 Page 206 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Lodge Construction, Inc., of Clarksvile, Iowa, in the amount of $1,368,581.94, in conjunction with the FY 2021 Cedar River Marina and Recreational Enhancements, DOT Project No. TAP-U-815(768)-8i-07, Contract No. 1011. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 207 of 383 None Page 208 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Motion approving Final Quantity Summary with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net decrease of $19,177.29, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, DOT Project No. TAP-U-8155(774)--81-07, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Final Quantity Summary SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 209 of 383 1. Final Quantity Change Order Page 210 of 383 CITY OF WATERLOO, IOWA FINAL QUANTITY SUMMARY PROJECT: US63 Enhancements (TAP-U-8155(7741--81-07) CONTRACT NO. 1029 Date Prepared: September 3, 2024 AMOUNT: $19,177.29 DECREASE TO: Vieth Construction Corp. , Contractor You are hereby ordered to perform the following extra work on your contract dated Feb. 11, 2021. A. Description of extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering extra work: As -built quantities varied for some bid items C. Settlement for cost of extra work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL DECREASE $19,177.29_ BY: Vieth Construction Corp. Mayor Date CONTRACTOR BY: ATTEST: TITLE: City Clerk Date APPROVED: ty Engineer Date /I ' (t ate 09/04/2024 FINAL QTY. SUMMARY Cont #1029 Sheet 1 of 1 Page 211 of 383 L,IOWADOT Form 831240 (12-20) Accounting ID No.(5-digit number): CHANGE ORDER For Local Public Agency Projects No.. 08 Change Order No.: Non -Substantial: Aug 22, 2024 Substantial: Administering Office Concurrence Date Accounting ID No. (5-digit number):37266 Project Number TAP-U-8155(774)--8I-07 Contract Work Type: PCC Sidewalk/Trail Contractor: Vieth Construction Corp. Local Public Agency: Waterloo Date Prepared: August 22, 2024 You are hereby authorized to make the following changes to the contract documents. A - Description of change to be made: Bid Items 0080, 0120-0140, 0190, 0310-0440, 0490, 0520, 0540, 0570, 0610, 8003-8005, 8009, and 8010 - Adjust original construction quantities to actual construction quantities. Bid Items 0120-0140, 0190, 0310-0390, 0430, 0440, 0490, 0520, 0540, 0570, 0610, 8003-8005, 8009, and 8010 are Division I Participating and Bid Items 0080, 0400-0420 are Division 2 Non - Participating. B - Reason for change: Bid Items 0080, 0120-0140, 0190, 0310-0440, 0490, 0520, 0540, 0570, 0610, 8003-8005, 8009, and 8010 - As -built quantities varied for some bid items. C - Settlement for cost(s) of change as follows with items addressed in Sections F and/or G: Bid Items 0080, 0120-0140, 0190, 0310-0440, 0490, 0520, 0540, 0570, 0610, 8003-8005, 8009, and 8010 - No change in costs. Compensation already made to contractor through original bid items. Overall deduct for Division 1 is $14,463.29 and Division 2 is $4,714.00. D - Justification for cost(s) (See I.M. 6.000, Attachment D, Chapter 2.36, for acceptable justification): Bid Items 0080, 0120-0140, 0190, 0310-0440, 0490, 0520, 0540, 0570, 0610, 8003-8005, 8009, and 8010 - No change in costs. Unit bid prices remain the same. E - Contract time adjustment: I No Working Days added ❑ Working Days added: ❑ Unknown at this time Justification for selection: Bid Items 0080, 0120-0140, 0190, 0310-0440, 0490, 0520, 0540, 0570, 0610, 8003-8005, 8009, and 8010 - No change in working days as the overall is a deduct to the project. Page 1 of 3 Page 212 of 383 C IOWADOT Form 831240 (12-20) Accounting ID No.(5-digit number):37266 Change Order No.:08 F - Items included in contract: Participating For deductions enter as Federal- aid State- aid Line Number Item Description Unit Price .xx Quantity .xxx Amount .xx 0080 GRANULAR SURF ON RD, CL A CR STONE $65.00 -30.000 -$1,950.00 x 0120 RMV+REINSTALL CONC PIPE APRON LE 36" $1,250.00 -0.500 -$625.00 x 0130 MODULAR BLOCK RETAIN WALL $22.00 807.400 $17,762.80 x 0140 MANHOLE ADJUSTMENT, MINOR $500.00 1.000 $500.00 x 0190 LIGHTING POLE $4,763.00 -8.000 -$38,104.00 x 0310 COLORED TOOLED PORTLAND CEMENT CONCRETE $95.00 -62.400 -$5,928.00 x 0320 MULCH, BONDED FIBER MATRIX $10,600.00 0.960 $10,176.00 x 0330 SEED+FERTILIZE (URBAN) $10,600.00 0.960 $10,176.00 x 0340 STABILIZE CROP - SEED+FERTILIZE (URBAN) $10,600.00 -0.300 -$3,180.00 x 0350 PERIMETER+SLOPE SEDIMENT CNTL DEVICE, 9" $3.75 294.200 $1,103.25 x 0360 RMVL OF PERIMETER+SLOPE SEDIMNT CNTL DEV $1.10 294.200 $323.62 x 0370 OPEN -THROAT CURB INTK SED FILT, EC-602 $32.00 52.000 $1,664.00 x 0380 MAINT OF OPEN-THRT CURB INTKE SDMNT FLTR $53.00 -18.000 -$954.00 x 0390 RMVL OF OPEN-THRT CURB INTKE SDMNT FLTR $53.00 -1.000 -$53.00 0400 GRATE INTAKE SEDIMENT FILTER BAG $371.00 -4.000 -$1,484.00 0410 MAINT OF GRATE INTAKE SEDIMENT FLTR BAG $160.00 -4.000 -$640.00 0420 RMVL OF GRATE INTAKE SEDIMENT FILTER BAG $160.00 -4.000 -$640.00 x 0430 MOBILIZATION, EROSION CONTROL $500.00 7.000 $3,500.00 x 0440 MOBILIZATION, EMERGENCY EROSION CONTROL $1,000.00 -1.000 -$1,000.00 x 0490 TREE GROUNDCOVER (FEATHER REED GRASS 1 GAL. CONT.) $9.00 -28.000 -$252.00 x 0520 TREE NORWAY MAPLE 2.5 IN. CAL. B&B $400.00 1.000 $400.00 x 0540 TREE PRAIRIEFIRE CRABAPPLE 1.5 IN. CAL. B&B $240.00 3.000 $720.00 x 0570 B&BE SPRING SNOW CRABAPPLE 1.5 IN. CAL. $240.00 -6.000 -$1,440.00 x 0610 WATER -PLANT $32.00 -500.000 -$16,000.00 x 8003 Additional Electrical Circuit $25.71 -30.000 -$771.30 x 8004 1/2" Expansion Joint $2.91 -172.500 -$501.98 x 8005 Curb, Special, As Per Plan $34.87 -7.000 -$244.09 x 8009 Painted Pavement Markings Waterborne or Solvent- Based $672.22 10.560 $7,098.64 x 8010 Pavement Markings Removed $932.61 1.250 $1,165.76 Page 2 of 3 Page 213 of 83 �' IOW pie �t� -�I� 8312 0 (12 Line Number Item Description Unit Price .xx Quantity .xxx Amount .xx Add Row Delete Row TOTAL -$19,177.29 G - Items not included in contract: Participating For deductions enter as "-x.xx" Federal- aid State- aid Change Number Item Number Item Description Unit Price .xx Quantity .xxx Amount .xx Add Row H. Signatures Delete Row TOTAL Signatures will be applied through DocExpress. Page 3 of 3 Page 214 of 383 Doc Express® Document Signing History Contract: 07-8155-774 Document: CO 08 Date Signed By 08/30/2024 Alex Weber Vieth Construction Electronic Signature (Approved by Contractor) 08/30/2024 Michelle Sweeney AECOM - Iowa Electronic Signature (Recommended by Engineer / Approved) 08/30/2024 Jamie Knutson City of Waterloo Electronic Signature (Approved by PIRC (when applicable)) 09/03/2024 Kurt Harvey Iowa Local Systems Electronic Signature (Approved by Administering Office or designee) Page 215 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE 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 $1,706,917.06, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, DOT Project No. TAP-U-815(774)-8I-07, Contract No. 1029. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 216 of 383 None Page 217 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Motion to approve Final Quantity Summary with Brock Even Construction, LLC, of Jesup, Iowa, for a net decrease of $5,327.99, in conjunction with the FY 2024 Sidewalk Repair Assessment Program - Zone 3, Contract No. 1082, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Final Quantity Summary SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net derease in the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Final Qty Summary_1082 Page 218 of 383 Page 219 of 383 CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT:FY 2024 SIDEWALK REPAIR ASSESSMENT PROGRAM -- ZONE 3, CONTRACT NO. 1082 DATE PREPARED: AUGUST 27, 2024 AMOUNT: $5327.99 DECREASE TO: BROCK EVEN CONSTRUCTION,LLC , CONTRACTOR YOU ARE HEREBY ORDERED TO MAKE THE FOLLOWING CHANGES FROM THE PLANS AND SPECIFICATIONS OR PERFORM THE FOLLOWING EXTRA WORK ON YOUR CONTRACT DATED SEPTEMBER 18, 2023 . A. DESCRIPTION OF CHANGE TO BE MADE OR EXTRA WORK TO BE DONE: ADJUST CONSTRUCTION QUANTITIES TO ACTUAL CONSTRUCTION QUANTITIES. B. REASON FOR ORDERING CHANGE OR EXTRA WORK: AS -BUILT QUANTITIES VARIED FOR SOME BID ITEMS. C. SETTLEMENT FOR COST OF WORK TO BE MADE AS FOLLOWS: COMPENSATION ALREADY MADE TO CONTRACTOR THROUGH BID ITEMS. TOTAL DECREASE = $5327.99 BY: BROCK EVEN CONSTRUCTION, LLC MAYOR ATTEST: DATE CONTRACTOR CITY CLERK DATE BY: DATE TITLE: APPROVED: 0VA/ ITY ENGIN ER DATE 7 Page 220 of 383 FINAL QUANTITY ADJUSTMENT t" 1 w z a 5 0 a 1— z W 2 co w W N h <T 0 ❑z Ln •f Q FL N >0 LL. U SIDEWALK ASSESSMENT REPAIRS - ZONE 3 W w N Li Zp N n M co 4) co 0 to sA 0 O fA 0) N 0.4 601 LY 1: 0 U w U z EL 0❑ U m 0 v 0 C9 to co N N t9 0 N rII c0) 43 O cri co th 43 0 ta N t9 O 0 0 N to 0 0 N FA 0 0 0) 69 O 0 0) 0 0 ti to N 'cr N n 69 no 0 0 ELL- t9 t9 0 N to 0 ✓ 0 T co 0 co co t9 0 0 N t9 0 tel (0 O 0 4) O c0•) }} W U w L(i1 • o 1- 0 0 0 0 0 O 04 N J 0 z 0 N z zz 0 CO 0) 01 cn to r is N OD N 0. co co Ca ca O z (-5 U a U 0] 417 m 0 0 CO N cn N 0 N 0 0 CO 0 W 0 t0 0 0 N 1-- z LL U LL U W co co 2 U 2 U 0 11.1 0 UQ LL1 J ITEM DESCRIPTION 4" PCC R/R SIDEWALK 5" PCC R/R SIDEWALK CLEAN WALK WATER VALVE ADJUSTMENT L- z w w 4U W Er R 0 w Q JOINT SEAL ❑ 6-3 F N a] V CO r t0 0) 0 -. 0 N M 0.1 u) $ 7,409.92 E $ 26,752.44 O C7 4m04') OD r CD oi N W 4i eA $ 10,925.04 27,040.60 $ 9,116.87 $ 9,004.39 r- f.° N m L. N N c0 to 49 N ,- 01 N r 69 N F- z w 2 Q 0. PAY ESTIMATE #1 j PAY ESTIMATE #2 PAY ESTIMATE #3 PAY ESTIMATE #4 PAY ESTIMATE #5 PAY ESTIMATE #6 PAY ESTIMATE #7 PAY ESTIMATE #8 PAY ESTIMATE#9 RETAINAGE TOTAL PAYMENTS: ry ry ti >n m N sn N 0) 61 ri to N z 0 a U a z 0 a a z o. >- a 2 2 to z D Ci J z El F- z 0 5 010 - z 0 J z z Ll iv FINAL QTY. ADJUSTMENT Page 221 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Brock Even Construction, LLC, of Jesup, Iowa, in the amount of $165,913.26, in conjunction with the FY 2024 Sidewalk Repair Assessment Program - Zone 3, Contract No. 1082, and receive and file a two-year maintenance bond. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 222 of 383 None Page 223 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Motion approving Change Order No. 2 with WRH, of South Amana, Iowa, for a net addition of $27,787.73, in conjunction with the Titus Lift Station and Force Main Project, Contract No. 975, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Change order NO. 2 with WRH , Titus Lift Station And Force Main Project SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Change Order 20240830 - 975 TITUS - CO 02 Page 224 of 383 Page 225 of 383 AECOM August 30, 2024 Mr. Jesse Gaherty Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa, 50702 Subject: Titus Lift Station and Force Main Change Order No. 2 City of Waterloo, Iowa City Contract No. 975 AECOM #60726355 Dear Mr. Gaherty: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com Attached is Change Order No. 2 for the Titus Lift Station and Force Main project submitted by WRH, Inc. 319-232-6531 tel 319-232-0271 fax The following are the details for the requested changes. • Final Completion Date — CAR No. 7 - WRH has requested to add 31 calendar days to the project. This time is for work approved with Change Order No. 1. We feel this time addition is justified. • Bedrock was encountered at Grandview Avenue that prevented directional drilling the force main. It takes more time to remove and replace the pavement and open cut the force main across Grandview Avenue than installing by direction drilling. • Manhole No. 2 was added to the project to connect the force main to the gravity sewer at the south end of the project. Additional time is needed to do this work. • Bid Item No. 44 - 16' Chain -Link Fence Gate — CAR No. 8 — MidAmerican Energy requested that the transformer be placed in the swing path of the east side gate. To accommodate this request, we decided to change the gate from a swing gate to slide gate so the gate can be fully opened. This change is an addition of $1,942.50. • Bid Item No. 49 — MidAmerican Transformer Pad — CAR No. 10 — The MidAmerican Transformer Pad was not included in the design. It is typically unknown at the time of design whether MidAmerican Energy will require a concrete pad for the transformer or if the transformer will be located on a power pole. MidAmerican Energy requested a ground mounted transformer. This work is required to power the lift station. This change is an addition of $25,845.23. AECOM recommends the City approves Change Order No. 2 for the addition of $27,787.73 and a revised total contract cost of $6,270,696.88. The increase is 1.40% of the original contract. Yours sincerely, Christopher G. Oelkers, PE Enclosure: Change Order No. 1 dated 08/30/2024 WRH Inc Change Authorization Request Nos. 7, 8, and 10 L:\DCS\Projects\WTR\60726355_Titus_LS_and_FM_CRS\600_Construction_Support\670_Change-Orders\CO 2\975 TITUS - CO 02 LTR.docx Page 226 of 383 CHANGE ORDER 2 A COM Owner City of Waterloo Project TITUS LIFT STATION AND FORCE MAIN Date: August 30, 2024 Owner's Contract No. 975 Contractor: WRH, INC. SRF NON-SRF Date of Contact Start January 2, 2024 Contract Amount: $6,184,087.00 $ You are directed to make the following changes in the Contract Documents. Description: 44 16' CHAIN -LINK GATE WRH CR 8 $ 1,942.50 49 MIDAM TRANSFORMER PAD WRH CR 10 $ 25,845.23 TOTAL $ 27,787.73 ADDITION Reason for Change Order Bid Item 44 - MidAmerican Energy wanted the transformer to be located in the swing path of the east side gate. The gate style was changed to accommodate that location and to fully open the gate. Bid Item 49 - MidAmerican Transformer Pad was not included in the design. It is typically unknown at the time of design whether MidAmerican Energy will require a concrete pad for the transformer or if the transformer will be located on a power pole. MidAmerican Energy requested a ground mounted transformer. This work is required to power the lift station. 31-Days added to the final completion date to accommodate the work added in Change Order No. 1 for open cutting Grandview Av and the addition of Manhole No. 2 near Newton Av. CONTRACT PRICE SRF NON- SRF Original: $ 6,184,087.00 $ 6,184,087.00 $ - Previous C.O.s $ 58,822.15 $ 58,822.15 $ - This C.O. $ 27,787.73 $ 27,787.73 $ - Contract Price with all approved $ 6,270,696.88 $ 6,270,696.88 $ - Total Change Orders: $ 86,609.88 1.40% Total CO % TOTAL $ 6,270,696.88 Original Completion Date: Revised Completion Date: CONTRACT TIME To Substantial To Final Completion Completion 11/30/2024 WRH CR 7 12/31/2024 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature) Date ACCEPTED: BY: August 30, 2024 Contractor (Authorized Signature) Date ACCEPTED: BY: August 30, 2024 AECOM Date AECOM 60726355 I 2 Project No. C.O. No. Page 227 of 383 Project: CAR No. 7 Reference: RFQ # Chanye hull iui 14auuil Request (CAR) DATE 08/09/24 Job No. 2401-00-1428 Location Waterloo, IA Contract No. A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( ) Owner Request ( ) Other ---- Explain ( ) Field Condition ( X) Suggested by Contractor 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) Project deadline extension request to accommodate change order #1. Grandview Av and MH No. 2 2) It is requested that the completion date be; by 31 calendar days. 3) Basis of Payment: a) ( ) Firm price for performing this change is ( ) increased / ( ) decreased by is ( ) increased / ( ) decreased by is ( ) increased / ( ) decreased by b) c) d) ( ( ( ) Unit Price ( X ) extended ( ) decreased $0.00 $0.00 $0.00 $0.00 Change to be performed per unit prices in Contract $0.00 The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is $0.00 ( X ) CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: ( ) Firm Price ( ) Time and Material ( ) Estimate of Price ( ) Change in Completion Date ( ) Unit Price in Contract ( ) No Change Comments: No monetary change requested for CAR #7. Time extension only. Monetary requests were approved in change order #1. Submitted by: $u01 a Approved by Brad Oja, Project Manager Owner WRH, Inc. Date: 8/9/2024 Date: Page 228 of 383 Project: CAR No. 8 Reference: RFQ # Chanye hull iui 14auuil Request (CAR) DATE 08/09/24 Job No. 2401-00-1428 Location Waterloo, IA Contract No. A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( ) Design Request ( ) Owner Request ( ) Other ---- Explain ( X ) Field Condition ( ) Suggested by Contractor 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) Fence gate modification. Change gate from double -drive swinging gate to double -cantilever "rolling" style gate. Walk gate change already approved in CO#1, will be included in west cantilever gate and not perimeter fence. 2) It is requested that the completion date be; by 2 calendar days. 3) Basis of Payment: a) ( X ) Firm price for performing this change is ( X ) increased / ( ) decreased by is ( ) increased / ( ) decreased by is ( ) increased / ( ) decreased by b) c) d) ( ( ( ) Unit Price ( X ) extended ( ) decreased $1,942.50 $0.00 $0.00 $0.00 Change to be performed per unit prices in Contract $0.00 The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is $1,942.50 CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: Firm Price Estimate of Price Unit Price in Contract Comments: ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: $u01 a Approved by Brad Oja, Project Manager Owner WRH, Inc. Date: 8/9/2024 Date: Page 229 of 383 Nag Change Autnonzation Request (CAR) Project: CAR No. 10 DATE 08/19/24 Job No. 2401-00-1428 Reference: RFQ # Location Waterloo, IA Contract No. A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. Reason for Change: ( X ) Design Request ( ) Owner Request ( ) Other ---- Explain ( ) Field Condition ( ) Suggested by Contractor 1) Description of Change: (Refer to drawings, specification, addenda, bulletin if applicable) MidAmerican transformer pad 2) It is requested that the completion date be; by 5 calendar days. 3) Basis of Payment: a) ( X ) Firm price for performing this change is ( X ) increased / ( ) decreased by is ( ) increased / ( ) decreased by is ( ) increased / ( ) decreased by b) c) d) ( ( ( ) Unit Price ( X ) extended ( ) decreased $25,845.23 $0.00 $0.00 $0.00 Change to be performed per unit prices in Contract $0.00 The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is $25,845.23 CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: Firm Price Estimate of Price Unit Price in Contract Comments: ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: E.,1401 D Approved by Brad Oja, Project Manager Owner WRH, Inc. Date: 8/19/2024 Date: Page 230 of 383 08/19/24 C.A.R. Calculation C.A.R. # 10 Subcontractors Quantity Unit Unit Rate Line Total Team Services 2.0 EA $600.00 $1,200.00 $0.00 $0.00 $0.00 Sub -total $1,200.00 Material: Concrete 3.3 CY $205.00 $666.25 Rebar 0.2 TN $1,375.35 $275.07 Rock 24.0 TN $21.00 $504.00 $0.00 $0.00 $0.00 $0.00 Sub -total $1,445.32 Labor: Project Manager 2.0 Hr $195.17 $390.34 Carpenter 40.0 Hr $96.08 $3,843.20 Laborer 80.0 Hr $90.08 $7,206.40 Equipment Operator 24.0 Hr $102.55 $2,461.20 Foreman 20.0 Hr $105.09 $2,101.80 Superintendent 10.0 Hr $111.09 $1,110.90 Sub -total $17,113.84 Equipment: Field Truck 8.0 Hr $13.46 $107.68 Skid loader 8.0 Hr $53.86 $430.88 Scissor Lift Hr $22.44 $0.00 Excavator (Mini) 16.0 Hr $60.59 $969.44 Excavator (Mid -size) Hr $121.18 $0.00 Excavator (Large) Hr $215.42 $0.00 Crane Hr $333.23 $0.00 Dozer (small) Hr $121.18 $0.00 Dozer (large) Hr $127.91 $0.00 $1,508.00 Sub -total Totals from above Sales Tax on Material Contractor's Fee (Self -performed) Contractor's Fee (Sub -contracts) Bond & Insurance Total Proposed Change 0.00% 15.00% 5.00% 2.00% $21,267.16 $0.00 $3,010.07 $60.00 $25,845.23 $0.00 $25,845.23 MidAmerican transformer pad 2 of 2 Page 231 of 383 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 16, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 1 with Advanced Environmental, Inc., of Waterloo, Iowa, for a net increase of $1,188.00, in conjunction with additional asbestos abatement work (pipe wrap) for property located at 1202 Sycamore Street under Contract No. AB-2024-05-08P, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo entered into asbestos abatement contract AB-2024-05-08P with Advanced Environmental, Inc. on June 17, 2024 with a total contract amount of $79,500. The contractor has completed the abatement work, but during the abatement, they encountered additional asbestos pipe wrap on one of the properties, 1202 Sycamore St. The asbestos pipe was hidden and was missed by the asbestos testing contractor. This was unknown work and caused additional time and material in an amount of $1,188.00, and they are requesting approval of Change Order # 1 to approve the additional expenses for the extra work. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES $1,188.00 to be paid with TIF funds or Nuisance Abatement bonds. ALTERNATIVE ACTION Page 232 of 383 LEGAL DESCRIPTION ATTACHMENTS 1 Chage Order - City of Waterloo 2. Change Order pics 3. 1202 Sycamore - Extra pipe insulation e-mail 4. Asbestos Abatement Services Contract AB-2024-05-08P signed Page 233 of 383 Page 1 of 1 Proposal Proposal Submitted To: City of Waterloo Community Planning and Development Attn: Aric Schroeder 715 Mulberry St Waterloo, IA 50703 Project & Address: Change Order #1 - Pipe insulation discovered Basement 1202 Sycamore Waterloo, IA 50703 Phone: 319-291-4366 Date: 09/03/2024 Email: ARIC.SCHROEDER@WATERLOO-IA.ORG AP_" _ED �T rAfl 1E. i. JI] AIIAII.MI.l4T I!4{:, - 803 Ricker St Waterloo, IA 50703 Phone: 319-287-4447 Fax: 319-287-4449 WE HEREBY PROPOSE to furnish all the materials, equipment and perform all labor for the completion of: Scope of Change Order WORK - removal & disposal of approximately 20 In. ft. of pipe insulation discovered in the basement while removing duct paper. AETA cleaned up under removal area, wrapped pipes, and cut out pipe WE PROPOSE to furnish material and labor, complete in accordance with the above specifications for the sum of: One Thousand One Hundred Eighty -Eight Dollars ($1,188.00) TERMS: Net 30 days All work is guaranteed to be as specified. All work to be completed in a workmanlike manner according to specified practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. We carry general liability insurance and our workers are fully covered by workers compensation insurance. NOTE: This proposal may be withdrawn by us if not accepted within days. Respectfully Submitted, ADVANCED ENVIRONMENTAL TESTING AND ABATEMENT, INC Jay Llewellyn ACCEPTANCE OF PROPOSAL The price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment(s) will be made as outlined above. Signature: Date: Name & Title (PRINT): Page 234 of 383 1202 Sycamore - extra pipe Page 235 of 383 From: To: Cc: Subject: Date: Jay Llewellyn ARIC SCHROEDER Phyllis Katcher 1202 Sycamore - Extra pipe insulation Friday, August 30, 2024 7:41:38 AM CAUTION: This email originated from outside the City of Waterloo email system. Do not click links or open unexpected attachments unless you recognize the sender and know the content is safe. Eric, Here are some pictures of the extra pipe insulation in 1202 Sycamore. Like I said, it wasn't that much but it was kind of tricky to get to and with asbestos, you have to clean out the area you complete the removal so took some time.. We did do a couple of other things (transite board behind a stove & extra layer of linoleum in the kitchen at the west 3rd street property but we just did that). The extra cost for this was 1,188. That was for three guys to clean out the area, wrap the pipes, & cut them out. This took 1/2 a day. Let me know if you have any questions. Thanks! Jay Jay Llewellyn Advanced Environmental Testing and Abatement, Inc. 803 Ricker Street I Waterloo, Iowa 50703 www.advancedmidwest.com (319) 287-4447 I Office (319) 269-2492 I CeII (319) 287-4449 I Fax Licensed in KS, MO, IA, MN, IL and WI Page 236 of 383 ASBESTOS ABATEMENT SERVICES CONTRACT AB-2024-05-08P 708 W. 3rd St, 324-326 W. 7th St, 617 W. 1st St, 200 E. Mullan Av, and 1202 Sycamore St (City owned properties), as well as 100 Commercial St, 118 Sycamore St, and 128 Sycamore St (WDC owned properties) This Contract for Asbestos Abatement Services (the "Contract") is entered into as of June 17. 2024, by and between the City of Waterloo, Iowa ("City") and Advanced Environmental, Inc. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of June 17, 2024 thru August 16, 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). The Waterloo Development Corporation (WDC) is an intended beneficiary of this Contract with respect to properties owned by WDC. However, WDC is not liable to Contractor for any sums payable under or in connection with this Contract, City shall be the sole party responsible to pay Contractor for its services hereunder, and Contractor hereby waives any right to pursue collection against WDC on any legal theory or to place a lien against any property owned by WDC. 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 Page 237 of 383 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 $79,500.00 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. 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. 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 and WDC, and their respective officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City and WDC, and their respective officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in 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 2 Page 238 of 383 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 or WDC. 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 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 3 Page 239 of 383 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. 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 ADVANCED ENVIRONMENTAL, INC. By: Quentin Hart, Mayor Michael Poe Attest: Kelly Felchle, City Clerk 4 Page 240 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Communication from the Library Department on the notice of the conclusion of employment of Kim Chapman, Business Office Manager, effective August 30, 2024, with recommendation of approval of payout of $10,513.14 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. CHAPMAN PAYOUT 9.16.2024 Page 241 of 383 Page 242 of 383 Today's Date: 8/26/2024 Effective Date: 8/30/2024 City Council Notice of Employment Severance Department: Library Job Classification: Business Office Manager Employment Date: 8/29/1988 Employee Name: Kim Chapman The employment with the named City of Waterloo employee has been severed by reason of: 2 Retired Disability Related El No Ell Yes Li Resigned Li Termination LI Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Payout Vacation -Accrued Vacation -Current Usable Sick Leave Casual Hours Comp Time Pay Unscheduled Leave Other Pay 1.1 37.40 $ 41.14 280 $ 37.40 $ 10,472.00 25% $ $ Total Payment 10,513.14 Comments Carried over 80 hours of vacation from 8/29/2023-08/28/2024 plus 2 working days of accrual Approved by Human Resources Council Agenda Date: Date Date 3/262/z1- g-/q/2{- Page 243 of 383 PERSONNEL REQUISITION The following questions are provided as guidelines to assist you in developing your rational for the position of Code Enforcement Officer in the Code Enforcement 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? Enforcing various city ordinances and traffic codes. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. Only a code enforcement officer can perform these duties. The other code enforcement officers are very busy with their own areas. (3) How is the work of this position being accomplished now? It is not being accomplished now. The other CE officers are attempting to handle the most pressing issues that come up. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. Absolutely. (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)? Code Enforcement used to have four full time officers ten years ago, now there are only 3.5 full time equivalent officers. And the code enforcement foreman is very busy with administrative duties. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? None. (7) If you are paying overtime or comp time within your depai anent to accomplish this work now, how much overtime or comp time has been paid Page 244 of 383 out or earned that is directly attributable to this position and over what period of time? N/A (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The work load has increased. Staff levels have remained the same until recently. (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. Complaints continue to come in. Calls will not be answered in a timely fashion. This is filling a vacant position. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The CE foreman covers any 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. CE work is highly specialized and needs to occur in a central location. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? The most important. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? It helps keep the community progressive and inviting. Page 245 of 383 Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form & updated job description. Page 246 of 383 PERSONNEL REQUISITION FORM Check as applicable: ❑ To start recruiting or civil service process and/or ® To fill a vacancy ® Active Civil Service List Expires: 1-19-25 A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ************************************************************************************************** Position Title: Code Enforcement Officer Depal triient: Code Enforcement Reports To: Code Enforcement Foreman Work Location: 626 Mulberry Employment Status: ® Regular Full Time n Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® Yes ❑ No ❑ Internal Posting Only Bargaining Position: Z Yes ❑ No n Internal Posting and External Advertising Bargaining Group: AFSCME 1195 Non -bargaining Position: ❑Yes ® No ************************************************************************************************* Complete the following if the requisition is to fill a vacancy: n New Position or ® Replacement Position for: Ryan Dolan CE Officer (Specify name and title of former incumbent) If replacement, former incumbent: ❑ Retired/Resigned/Terminated ® Transferred ❑ Promoted Date incumbent terminated employment: September 9, 2024 Date of final payout: Anticipated start date: September 17th, 2024 No. of hours/week: 40 Work schedule: varies Justification of need for position: This is a crucial position in the depai tiiient. What are the likely consequences if the position is not filled? Complaint investigations will be unmet. APPROVALS Annual salary requirements: $71,676.80 Hourly Rate: 34.46 Benefits: _$52.70 / $109,622.00 (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 Human Resources Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 247 of 383 CITY OF J.J/ t TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE ITY OF WATERLOO, IOWA OPEN EXAMINATION CODE ENFORCEMENT OFFICER DEPARTMENT LEGAL SALARY $33.21 HOURLY FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT AFSCME LOCAL 1195 GENERAL STATEMENT OF DUTIES Performs assignments related to overall general compliance and enforcement of City ordinances regarding property and public right-of-way within the City limits. The work is performed under the direction of the City Attorney and Code Enforcement Foreman, but considerable leeway is given for the exercise of independent judgment. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Responds to complaints concerning violations of city code within the jurisdiction of the department, including the International Property Maintenance Code, and issues citations if necessary. 2. Enforces standards relating to property maintenance, parking , zoning, rubbish, garbage, snow, grass, vegetation and other areas of the code. 3. Writes and submits reports concerning code enforcement violations. 4. Uses independent judgment to recognize and solve problems, including interacting with members of the public to educate and facilitate voluntary compliance with applicable codes. 5. Performs follow-up activities in cooperation with Public Works to ensure timely cleanup of properties and removal of junk vehicles. 6. Interacts with and advises Neighborhood Associations regarding related code enforcement issues. 7. Advises members of the public who are seeking information concerning code enforcement compliance. 8. Notifies, works with and provides expertise to Fire Rescue, Building Inspections and Planning & Zoning regarding possible code violations. 9. Testifies in court regarding violations of related City ordinances. 10. Performs data entry and completes forms on personal computer using the applicable software. 11. Performs work of a repetitive nature. Some tasks require physical work involving loading items and boarding up houses. Page 248 of 383 12. Works outdoors in all types of weather for extended periods. Working environment may be dry/dusty, slippery/wet, hot/cold. Ground may be uneven with hidden junk, high weeds or other obstructions. May have to contend with unleashed pets. 13. Works independently and with others with minimum supervision. 14. Attends work regularly at the designated place and time. 15. Performs all work duties and activities in accordance with City policies, procedures and OSHA, and City safety rules and regulations. 16. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of or ability to read, interpret and enforce complex municipal ordinances relating to zoning, public right-of-way, junk vehicles, residential properties and environmental health. 2. Knowledge of regulatory procedures and practices related to applicable code enforcement issues. 3. Ability to perform professional work, research and give reliable advice on a wide range of code enforcement matters. 4. Ability to organize records and information through use of a computerized database. 5. Ability to make decisions and recommendations regarding enforcement of related municipal ordinances. 6. Ability to effectively resolve sensitive enforcement disputes. 7. Ability to respond to questions from property owners, supervisors, coworkers and elected officials tactfully and in a clear, concise and easily understandable manner. 8. Ability to communicate orally and in writing and maintain effective working relationships with other City departments and employees, City officials, other regulatory agencies and all segments of the public. 9. Ability to work alone or with others. 10. Ability to complete assigned work without direct supervision. 11. Personal computer skills and ability to learn related software applications, enter and retrieve information on a computer, develop computer -generated reports and update records. 12. Knowledge of occupational hazards and safety precautions necessary in code enforcement activities. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's Degree from an accredited college or university in law enforcement, geography, urban planning, public administration, communications, environmental health or closely related field with minimum one year experience dealing with public sector code enforcement (i.e. law enforcement, planning and zoning, building or housing inspections), including experience in public sector conflict resolution OR Associate's Degree in law enforcement or closely related field with minimum three years experience dealing with public sector code enforcement including public sector conflict resolution OR High school graduate/GED with minimum five years experience dealing with public sector code enforcement including public sector conflict resolution OR Page 249 of 383 Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. Iowa driver's license and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation including habitual violator 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 including habitual violator within the previous five years; two or more at -fault accidents within a three year period while driving on City business; three or more at -fault accidents within a three year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to communicate effectively with the public, coworkers, other regulatory agencies and testify in court. Uses cellphone as communication device. 2. Sufficient personal mobility that permits the employee to operate passenger vehicle (generally a small pickup truck) safely in all types of weather and a variety of street conditions and to inspect properties in all areas of the City in response to violations of applicable ordinances. 3. Sufficient vision to observe properties for possible code violations, take pictures, prepare the appropriate citations and monitor enforced cleanups. 4. Sufficient manual dexterity that permits the employee to operate a personal computer, handle files and perform other administrative and technical responsibilities. 5. Sufficient strength to perform assigned tasks, including the ability to lift at least fifty (50) pounds. Sufficient physical and mental stamina to work at a steady pace for up to eight hours or longer during unfavorable weather conditions or during special projects. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest and hearing protection as needed. 2. Following a conditional offer of employment, the City of Waterloo requires a physical examination by a physician of the City's choice including a drug test, to determine if an applicant is capable of performing the essential functions of this job classification. 3. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. 4. Required to submit to and pass Civil Service examination procedures including oral interview. Page 250 of 383 WORK SCHEDULE Generally 7:00 a.m. to 3:00 p.m. Monday through Friday. Limited overtime. Must also be available outside these hours for department or City activities or meetings that require the attendance of the Code Enforcement Officer. 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. CODE ENFORCEMENT OFFICER 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 251 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department September 16, 2024 AGENDA ITEM TITLE Tom Powers, Board/Commission: Board of Adjustment, Expiration Date: September 16, 2029, [New]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Tom Powers Page 252 of 383 CITY OF t « TERLOO CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: —3— C D / 1, / O 7O (Name) , request to be appointed to (state preference): 2. F 2- Home Phone: Cell Phone: - ' ( f 2 C P-irs-3 Work Phone: Email Address 7niv, 4 /( .< Home Address /5`/ v }9,'tim.ee 4- /0L Zip Code l Employer tpTitle /4,- Employer Address iV/4- Zip Code ,S~d 7 A How long have you resided in Waterloo? d' yrs Email address: List current membership in organizations and offices held: eft.- i s ur r SS %t4 .4) - J PvvCrG� t'Ki,/t��ry ,,,- /-1.--0 by. I am available for meetings: El-A.M. B-P.M. C oon O Evenings 1 am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: 11,5 71:q,.n& "- Jd. e 1,- k•e"-! + 1/ (le Ham!!Y%'/' f`.,.' s -o-r 1C:v-,► 1rr ^ Ut' (r �C � . f,1+ CgcLsc /c., u r C_ r' '-- Additional information and comments that may not be evident from information already on this form: References (include phone numbers): C)c1_ 5 %4 cr 5-4/r°13/ qL 447' el7e, /-/i/ (47—3 ID- 747 understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Signature Rev 02/20/2020 RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayornwaterloo-la.org; PHONE 291-4301 Page 253 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department September 16, 2024 AGENDA ITEM TITLE Airport Board minutes of July 24, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Airport Board Meeting Minutes of July 24, 2024 Page 254 of 383 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, July 24, 2024 I. ROLL CALL Chair, Scott Voigt, called the meeting to order at 12:03 p.m. Board Members Present: Scott Voigt, Gwenne Berry, Chris Bering, Arlene Humble, Katy Susong and David Deeds. City Officials Present: Ray Feuss, Council Liaison (TEAMS). City Officials Absent: John Chiles, Council Liaison. Airport Staff Present: Steven Kjergaard, Sheila Combs. Additional Attendees: David Hughes and Doug Schindel, AECOM. II. AGENDA AS RECEIVED OR AMENDED III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director In addition to his written report, Mr. Kjergaard gave the following updates: • Taxiway A project was supposed to begin Phase 2 this week, but they're currently about one month behind schedule, about half of that is due to weather delays. • CRRSA/ARPA grants --- we are waiting to hear from Finance on how to proceed. We had planned to begin drawing down personnel costs within the grant period but they're concerned with us drawing on expenses from prior fiscal years that have already been audited. • Hangar No. 41-1VAC (1DOT CSVI) project will be starting soon. • Parking lot canopies (1DOT CAIF) project is continuing. Board looked at color options for beams and agreed with Mr. Kjergaard's choice of color. • FAA has decided not to allow Taxiway B repairs as a change order under the Taxiway A project, which will at least double the cost to do this work as a stand-alone project. • American Airlines is switching our carrier to Piedmont effective October 6, 2024, with service on ERJ-145s. Mr. Deeds asked if this was only a temporary change, as the 1 Page 255 of 383 November schedule shows Air Wisconsin again. He asked Mr. Kjergaard to check with Volaire Aviation and reliort back to the Board. • Discussed the CIP. B. Misc. Monthly Airport Reports Reviewed FY-24 year-end budget; also fares and AA performance for June. V. BOARD APPROVAL A. Approval of Minutes of the June 26, 2024 Meeting Mrs. Berry moved approval of the minutes of the June 26, 2024 meeting, seconded by Mrs. Humble. Ayes: 5. Motion carried. B. Motion to Receive and File June 2024 Expenses Mrs. Humble moved that the June 2024 expenses be received and filed, seconded by Mrs. Berry. Ayes: 5. Motion carried. VI. OLD BUSINESS A. Runway and Taxiway Width Discussion David Hughes provided an overview of the handout prepared by AECOM. Discussion followed. VIL NEW BUSINESS A. Volunteers Needed for Consultant Selection Mr. Kjergaard reviewed time expectations for the selection committee and stated that members can let hint know if they would like to participate. Mr. Voigt and Mrs. Berry both volunteered to serve. VIII. STAFF AND BOARD MEMBER COMMENT Mr. Bering asked if there were any updates on shared charters with DBQ. Mr. Kjergaard said not at this time. Mr. Deeds stated that he has been working on a list of goals for the Board, Mr. Bering added some as well: I . Improve AA schedule and load factor. 2. Collaborate on a GA (General Aviation) event or other GA efforts to increase use of ALO. 3. Build on Caesars relationship and work on other relationships to generate more point-to-point activity. 2 Page 256 of 383 4. Develop concept for the Cedar Valley car rental center and identify a partner(s) to develop and secure tenants. 5. Cultivate relationships for alternate carrier bids on next EAS round (fall 2025). 6. Identify opportunities to generate new revenue streams. 7. Identify projects/initiatives and pursue grant funding. 8. Develop cargo activity. These will be discussed in more detail at the next meeting. IX. ADJOURNMENT Moved by Mrs. Berry, seconded by Mr. Bering, that the meeting be adjourned at 1:10 p.m. Ayes: 5. Motion carried. Respectful) submitted, , Ch 3 Page 257 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 16, 2024 AGENDA ITEM TITLE Motion approving Application for Fireworks Display: Hairball Concert, September 20, 2024, at the National Cattle Congress, from 9:00 p.m. to 11:00 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 258 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department September 16, 2024 AGENDA ITEM TITLE Liquor Licenses a. Kwik Star #715, 135 E. Ridgeway Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 10/3/25. b. Kwik Star #1004, 111 E. Donald St., Class B Alcohol w/Sunday Sales (Renewal) Exp: 10/21/25. c. Petersen & Tietz Florists & Greenhouses, 2275 Independence Ave., Special Class B Native Wine, w/Sunday Sales (Renewal) exp: 10/8/25. d. Vinton's Pub and Eatery, 201 Rath St., Class C Alcohol w/Catering and Sunday Sales (Renewal) Exp: 9/5/25. e. Locke at Tower Park, 4140 Kimball Ave., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 9/20/25. f. Waterloo Black Hawks Hockey, 125 Commercial St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 12/15/24. g. Wal-Mart Supercenter #1496, 1334 Flammang Dr., Class E Alcohol w/Sunday Sales (Renewal) Exp: 9/30/25. h. West Side Liquor, 919 W. 5th St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 10/29/25. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 259 of 383 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 260 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department September 16, 2024 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 261 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Reallocation of Unspent Proceeds of the General Obligation Bond Series 2022B in an amount not to exceed $142,000.00. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This reallocation will provide funding needed to purchase new multi -space parking meters, the installation of meters, and spare parts. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES We are requesting an amount not to exceed $142,000 to cover the purchase of multi -space parking meters, the installation of meters, and spare parts. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Alternatives would be to sell new bonds or not proceed with the project. LEGAL DESCRIPTION ATTACHMENTS 1. Hearing Reallocation - Waterloo 2022B Bonds (parking equipment) (02394563x7F7E1) Page 262 of 383 Page 263 of 383 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA • Public hearing on the proposed reallocation of Unspent Proceeds. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 264 of 383 September 16, 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 265 of 383 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the proposed reallocation of not to exceed $142,000 of unspent proceeds of the General Obligation Bonds, Series 2022B, 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 "Project"), and that notice of the proposed action by the Council to institute proceedings for the proposed reallocation had been published pursuant to the provisions of Sections 364.6 and 384.25 of the Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposed reallocation. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the proposed reallocation and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) The Council then considered the proposed action and the extent of objections thereto. Page 266 of 383 Council Member introduced the following Resolution entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2022B, OF THE CITY OF WATERLOO, IOWA", 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 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2022B, OF THE CITY OF WATERLOO, IOWA WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the reallocation of certain unspent proceeds in the amount of not to exceed $142,000 of General Obligation Bonds, Series 2022B (the "Unspent Proceeds"), of the City of Waterloo, Iowa, to provide funds to pay costs of the Project, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the reallocation of the Unspent Proceeds 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, and such action is in all respects authorized and approved. Page 267 of 383 Section 2. The City Clerk is authorized and directed to take such action as may be necessary to effect and implement the foregoing reallocation of the Unspent Proceeds as described herein, and to cause the records and accounts of the City to reflect the same. PASSED AND APPROVED this 16th day of September, 2024. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 268 of 383 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) 02394563\11310-000 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 269 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Reallocation of Unspent Proceeds of the General Obligation Bonds, Series 2023A in an amount not to exceed $25,000.00. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This reallocation will provide funding needed to purchase new multi -space parking meters, the installation of meters, and spare parts. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES We are requesting an amount not to exceed $25,000 to cover the purchase of multi -space parking meters, the installation of meters, and spare parts. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Alternatives would be to sell new bonds or not proceed with the project. LEGAL DESCRIPTION ATTACHMENTS 1. Hearing Reallocation - Waterloo 2023A Bonds (parking equipment) (02394574x7F7E1) Page 270 of 383 Page 271 of 383 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA • Public hearing on the proposed reallocation of Unspent Proceeds. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 272 of 383 September 16, 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 273 of 383 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the proposed reallocation of not to exceed $25,000 of unspent proceeds of the General Obligation Bonds, Series 2023A, 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 "Project"), and that notice of the proposed action by the Council to institute proceedings for the proposed reallocation had been published pursuant to the provisions of Sections 364.6 and 384.25 of the Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposed reallocation. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the proposed reallocation and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) The Council then considered the proposed action and the extent of objections thereto. Page 274 of 383 Council Member introduced the following Resolution entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2023A, OF THE CITY OF WATERLOO, IOWA", 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 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2023A, OF THE CITY OF WATERLOO, IOWA WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the reallocation of certain unspent proceeds in the amount of not to exceed $25,000 of General Obligation Bonds, Series 2023A (the "Unspent Proceeds"), of the City of Waterloo, Iowa, to provide funds to pay costs of the Project, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the reallocation of the Unspent Proceeds 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, and such action is in all respects authorized and approved. Page 275 of 383 Section 2. The City Clerk is authorized and directed to take such action as may be necessary to effect and implement the foregoing reallocation of the Unspent Proceeds as described herein, and to cause the records and accounts of the City to reflect the same. PASSED AND APPROVED this 16th day of September, 2024. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 276 of 383 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) 02394563\11310-000 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 277 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract No. 1111. 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. 09.05.2024 FY 2025 Sidewalk Repair Assessment Program, Zone 4, No. 1111 Page 278 of 383 FY 2025 Sidewalk Repair Assessment Program — Zone 4 Contract No. 1111 Engineer's Estimate: $265,744.04 Bid Opening: Sept. 5, 2024 Bidder Bid Security Bid Amount Brock Even Construction, LLC Jesup, IA 5% $208,547.56 Page 279 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract No. 1111 (Notice to property owners). RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Property Owner Assessments ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 280 of 383 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 281 of 383 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 vox* IOWA LETITIA S PINES COMMISSION NO. 805211 MY COMMISSION EXPIRES JULY 13, 2026 Notary Public Page 282 of 383 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 283 of 383 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 50 \ 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 Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE 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. RECOMMENDED COUNCIL ACTION Approval with the retention of a public utility easement over, under and upon the northwesterly 10'. SUMMARY STATEMENT AND BACKGROUND INFORMATION The dimensions of the area in question are 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 northwesterly 10'. SOURCE OF EXPENDITURES Page 285 of 383 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, under and upon the northwesterly 10 feet of said parcel. ATTACHMENTS 1. Council Packet Page 286 of 383 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 287 of 383 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 288 of 383 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 289 of 383 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 c:4 ▪ Fe o WISCONSIN LOCKE AVE CR0SSR0P cn E. { North of 2765 Crossroads Boulevard ROW Vacate City of Waterloo uyG City of Waterloo Planning, Programming and Zoning Commission August 13, 2024 North of 2775 Crossroads Boulevard ROW Vacate City of Waterloo Pegc 291 of RR-4 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 50 \ 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 293 of 383 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 16, 2024 AGENDA ITEM TITLE Sale and conveyance of City -owned property located near 919 Newell Street and 918 Newell Street in the amount of $5,000.00 for each property and to approve a phased Development Agreement with Dellatan Asset Acquisition, LLC. 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 Nuisance bonds ALTERNATIVE ACTION LEGAL DESCRIPTION Phase I: Page 294 of 383 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 295 of 383 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 297 of 383 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 298 of 383 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 299 of 383 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 300 of 383 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 301 of 383 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 302 of 383 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 303 of 383 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 304 of 383 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 305 of 383 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 306 of 383 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 307 of 383 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 308 of 383 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 309 of 383 See attached. EXHIBIT'B" Home Designs 1 Page 310 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving construction plans for grading, paving, and utilities serving the Prairie Meadow Estates First Addition, as submitted by Snyder & Associates, Inc., Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION These construction plans have been reviewed by the Engineering Department. They appear to meet current design standards and specifications, therefore they are recommended for approval by the City Council. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 311 of 383 ATTACHMENTS 1. Combined_Sanitary_ Page 312 of 383 IOWA DEPARTMENT OF NATURAL RESOURCES Wastewater Disposal System Construction Permit Application Fee Form Owner Name: Robson Homes Inc. Address: 5901 WILLIAMS BLVD SW City, State, Zip: CEDAR RAPIDS, IA 52404 Project Identification: PHASE 3 - PRAIRIE MEADOW ESTATES ADDITION ■❑ $100 Fee enclosed CASHIER 0945-542-N 32-3202. Owner S USE PDE-C ONLY P-0570 Please sign and return this form with a check or money order payable to "Iowa Department of Natural Resources". Place it and the check or money order on top of other Construction Permit Application documents. Effective beginning July 1, 2006, Applications for Construction Permits for wastewater disposal systems required by Iowa Code 4556.173 and rules in Iowa Administrative Code 567 IAC 64, must be accompanied by the fee required by Iowa Code 4556.197 and Iowa Administrative Code 567 IAC 64.16(3)"c". The fee is $100 for each application, regardless of project size and project type including sanitary sewers, pump stations, treatment units or a combination thereof. The fee shall be submitted with the certified engineering documents necessary to apply for a construction permit (plans, specifications and related application schedules A, F, and G as well as the appropriate schedules indentified on page 2 of Schedule A). The construction permitting process is initiated as planning for construction begins. Planning coordination and submittal of preliminary engineering reports or facility plans precedes submittal of technical documents necessary to constitute a construction permit application. The application fee is not necessary when submitting a planning document but must accompany construction permit application documents. A fee should accompany each permit application received on or after July 1, 2006. Failure to submit a fee with the application may delay the processing of a construction permit. If you have any questions regarding the application fee, please contact Donna Gomm at 515-725-8427 or Donna.Gomm@dnr.iowa.gov Signature of Owner or Representative: Printed Name: ((t iar\ .-kr z IA_ , c�l� " obSCry-Nl Telephone or email contact: Q.A Scrn iNovvtz.b Mail to: Iowa Department of Natural Resources Wastewater Engineering Section 502 East 9th Street Des Moines, IA 50319-0034 11/2014 cmc DNR Form 542-1245 Page 313 of 383 Iowa Department of Natural ¶tesources Wastewater Sectior Construction Permit Appli SCHEDULE A, Construction Perm Exhibit 11A ration t Application APPLICANT Owner: Robson Homes Inc. Firm: Snyder & As ENGINEER ociates, Inc. Address: 5901 WILLIAMS BLVD SW CEDAR RAPIDS, IA 52404 Address: 2727 SW nyder Blvd., Ankeny, IA 50023 Representative: Joe Robson Project Officer: Eri Cannon Phone Number: 319-350-3781 Phone Number: 51 -964-2020 Email: Email: ecannon@s der-associates.com Project Identification: PHASE 3 - PRAIRIE MEADOW ESTATES ADDITION Estimated Start Date*: 08/01/2024 Estimated Completion Date: 08/01/2027 I PLEASE RESPOND TO ALL QUESTIONS 1. Has an engineering report, facilities plan or other information previously been submit If Yes: Project Identity: Date Submitted: 2. Does the project and construction permit application, as submitted, follow the recom construction schedule, permit limits, and conclusions of the approved engineering re If No: Provide the design basis and technical information justifying all changes. 3. Are there three complete sets of plans and specifications accompanying this applicati For a minor gravity sewer extension within the meaning of 455B.183.3 Code of Iowa sets will be adequate for expeditious approval. For more complex projects, three set requested. 4. Are approved standard specifications a part of this application? If Yes: Approved Standard Specifications of (municipality or firm): SUDAS 5. Does each set of plans and specifications or engineering report accompanying this app "professional engineering seal" executed in conformance with 542B.16, Code of Iowa. If No: Processing will be delayed pending receipt of applicable design schedules a engineering report. 6. Is this a joint wastewater and water supply project? If Yes: A construction permit application for the water supply project should be su Section. A Water Supply permit fee may be required. 7. Is the applicant to provide treatment of effluent resulting from this construction? If No: A Sewage Treatment Agreement executed by the authority providing treat 8. Is a new or amended operation permit necessary to use the facilities described in this If Yes: A new or amended permit to operate may be requested prior to the receip 9. Is any waterline located within 10 feet; or any private or public well, lake, or public rec 400 feet of the proposed construction? If Yes: Identify and locate the facility(ies) relative to the proposed construction. 10. Will construction inspection be conducted by a licensed engineer employed by the ap If No: Name of Engineering Firm Conducting Inspection: City of Waterloo 11. Will this project utilize CWSRF loan funds? CERTIFICATION t ed for this project? mendations, design loadings, port or facilities plan? 0 s a n? Yes No ❑ a O ❑ ID El nd Design Standard 11.1, two complete of plans and specifications may be Date Approved: 2024 lication contain a El 0 El El nd certified plans, specifications or ❑x ❑ bmitted separately to the Water Supply El a ment must accompany this form. application? ❑ 0t of a construction permit. reation area located within plicant? ❑ a O El ❑ ❑ APPLICANT certify that I am the authorized representative of the owner and state that the project identified above is approved by the owner. Date 1-ZZ-ZY I certify that all aspec conform to applicabl 64, or that an explan variations from such information containe knowledge, such info Signature ENGINEER is of the design included in this application e standards contained in Chapter 567 IAC ation and justification for any proposed standards is attached. I am familiar with the d in this application and, to the best of my rmation is complete and accurate. Date *Estimated Coptruction Start Date: Complete applications must be submitted at least 120 days in advance of the date for starting construction in accordance with Rules 567 IAC 60.4 and 64.2 Please complete the Schedule Checklist on the following page of this form. 04/2016 cmc DNR Form 542-3129; 28A Page 314 of 383 DOCUMENT CHECKLIST Identify all categories included in this project. Also, identify schedules attached to this application. Schedule Title B Collection System C Lateral Sewer Extension D Trunk & Interceptor Sewer E Wastewater Pump Station F Treatment Project Site Selection G Treatment Project Design Data H1 Schematic Flow Diagram H2 Treatment Process Loading and Removal Efficiency H3 Mechanical Plant Reliability Screening, Grit Removal and Flow Measurement J Septic Tank System K1 Controlled Discharge Pond K2 Aerated Pond K3 Anaerobic Lagoon L Setting Tanks M Fixed Film Reactor -Stationary Media N Rotating Biological Contactor O Aeration Tanks or Basins P Gas Chlorination Q Sludge Digestion and Holding R1 Sludge Dewatering and Disposal R2 (A&B) Low Rate Land Application of Sludge R3 Land Application of Sewage Sludge (To be developed) S Land Application of Wastewater (To be developed) Sewage Treatment Agreement Attached Included in Project Submittal Date Identify any categories included in this project which are not provided in the above list of schedules. 11/2015 cmc DNR Form 542-3129; 28A Page 315 of 383 Iowa Department of Natural Resources Wastewater Section Construction Permit Application Sewage Treatment Agreement INSTRUCTIONS This agreement must be executed for all projects where construction and sewage treat i.e., a private subdivision connecting to a municipal system. This agreement must be exe time the permit is issued, regardless of whether title to the proposed construction proje project. This agreement is not necessary when a contract for sewage treatment already exists; i. However, the Department of Natural Resources must be informed in writing that the co ent will be provided by different parties; uted by the parties who are owners at the t will be transferred after completion of the ., service contracts between municipalities. tractual agreement does exist. APPLICANT Owner: Robson Homes Inc. Firm: Snyder & Asgociates, ENGINEER Inc. Address: 5901 WILLIAMS BLVD SW Address: 2727 Snyder Blvd., Ankeny, IA 50023 Representative: CEDAR RAPIDS, IA 52404 Project Officer: Eric Cannon Phone Number: 319-350-3781 Phone Number: 515-964-2020 Project Identification: PHASE 3 - PRAIRIE MEADOW ESTATES ADDITION Owner and System Receiving Wastes: City of Waterloo CERTIFICATION am the authorized representative of the owner identified above and state that the proposed sanitary sewage facilities shall be constructed in accordance with the plans and specifications and all wastes contributed by this project shall be discharged to the treatment system identified a ove. Signature I---- Title: U Date .)-Z Z _ e i AGREEMENT TO PROVIDE SEWAGE TREATMENT am the authorized representative of the owner of the system identified above and state that the connection of the proposed sanitary sewage facilities identified above is approved by the owner, and that the owner accepts responsibility for providing adequate treatment of all wastes contributed by this project, in accordance with the provisions of Chapter 455B, Code of Iowa, and the rules of the Department of Natural Resources. This agreement shall not be construed in any way to affect any local ordinances, sewer service agreements, or fee systems entered into between the parties. Name: Title: Signature Date Phone: 9/2018 cmc DNR Form 542-3219; 29 Page 316 of 383 Iowa Department of Natural Resources Wastewater Section Construction Permit Application SCHEDULE B, Collection System DNR USE ONLY Project No. Permit No. Date Prepared 7/23/2024 Date Revised Project Identity PRAIRIE MEADOW ESTATES FIRST ADDITION 1. Identify proposed construction which is subject to flooding and explain what is proposed to prevent water from entering the system. If no portion is subject to flooding, state none. Segment none Flooding Protection *2. Indicate hydraulic capacity of: 1) the nearest downstream main or interceptor; 2) the nearest downstream lift station; and 3) all downstream segments where flow restriction may occur. Indicate the source and accuracy of numerical data. Segment Segment Segment Location Design Capacity, MGD Peak Hourly Dry weather Flow MGD (actual) Peak Hourly Wet weather Flow MGD (actual) 0.72 0.0001 0.09 *3. Identify treatment facility, the design loadings and present raw waste loadings. Indicate source and accuracy of numerical data. Facility Name and Number Waterloo City of STP, IA 079001 Facility Loading Design Average Wet Weather (actual) Peak Hourly Wet Weather (actual) MGD #BOD5/day 34.8 88,000 24.53 31,500 60 48,000 Provide projected design loading increase, which will be added to this facility as a result of this project. Design Loading Initial Design Year ( Residential Service Area 9.6 Acres 9.6 Acres Population 0 Persons 153 Persons Flow (100 GPCD) 0 GPD 15,300 GPD BOD5(0.17/#/d/cap) 0 #/day 26.0 #/day Industrial Service Area 0 Acres 0 Acres Rated Flow 0 GPD 0 GPD BOD5 0 #/day 0 #/day Other 0 Acres 0 Acres Rated Flow 0 GPD 0 GPD BOD5 0 #/day 0 #/day Total BOD5 0 #/day 26 #/day Total Flow 0 GPD 15,300 GPD Peak Hourly Flow 0 GPD 64,080 GPD *Include a written explanation of items 2 and 3 if the sewer system and/or treatment facility are overloaded. 11/2015 cmc DNR Form 542-3095; 28B Page 317 of 383 Iowa Department of Natural Resources Wastewater Section Construction Permit Application SCHEDULE C, Lateral Sewer Extension DNR USE ONLY Project No. Permit No. Date Prepared 7/23/2024 Date Revised Project Identity PRAIRIE MEADOW ESTATES FIRST ADDITION 1. Design Basis Residential Service Area Population Flow (100 GPCD) BODS (0.17/#/d/cap) Industrial Service Area Rated Flow BODS Other Initial 9.6 Design Year ( ) Acres 9.6 Acres 0 Persons 153 Persons 0 GPD 15,300 GPD 0 #/day 26.0 #/day 0 Acres 0 Acres 0 GPD 0 GPD 0 #/day 0 #/day 0 Acres 0 Acres Rated Flow 0 GPD 0 GPD BODS 0 #/day 0 #/day Total BODs 0 #/day 26 #/day Total Flow 0 GPD 15,300 GPD Peak Hourly Flow 0 GPD 64,084 GPD 2. Pipe Diameter 8 Inch 10 Inch 12 Inch Material PVC Joint Gasketed Minimum Slope 0.5 Maximum Manhole Space 305 Total Sewer Length 1,663 Maximum Cover 16.70 Minimum Cover 9.06 ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. 3. Construction specifications (indicate ASTM Number or other standard included in the specifications). A brief description is required in each part. A. Bedding class Figure 3010.103 - Class I Bedding Material B. Pipe laying Section 4010 3.02 B Proceed upstream with bells pointing upstream C. Compaction Section 3010.306 D. Manhole Section 6010 Precast 48" Manhole E. Specified maximum infiltration/exfiltration rate 200 GPDPMPI F. Infiltration/exfiltration test procedures Section 4060.304 Water and air pressure G. Alignment & grade test procedures (1) During construction Stake & batterboard Laser Section 4010 3.02 (2) After construction Lamping Section 4060 3.02 Other Video Inspection H. Deflection test procedures Section 4060 3.05 Ball of mandrel pulled through 95% DIA. 4. Are detailed manhole drawings included: ❑ Yes No Typical frame and cover assembly Figure 6010.601 Are manhole covers nonvented: Yes ❑ No Manhole diameter 48 in. Manhole opening diameter 24 In Material Cast Iron frame and grate, concrete manhole 5. Minimum sewer & water main separation: Horizontal 10 Are specifications included No ft. Vertical 18 in. 6. Stream, road, or railroad crossing protection No Are specifications included 11/2015 cmc DNR Form 542-3096; 28C Page 318 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving a Right -of -Way License Agreement with Waterloo Fiber for the placement of utilities within City right-of-way, 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. Waterloo Fiber ROW License Agt (rev 7-16-24) Page 319 of 383 RIGHT-OF-WAY LICENSE AGREEMENT SECTION 1. DEFINITIONS a. "City" shall mean the City of Waterloo, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Licensee" shall mean Waterloo Fiber or any of its designated subsidiaries. c. "Network Segment" shall mean the communications system laid or to be laid, constructed, installed, repaired, maintained, and operated by Licensee within the corporate limits of the City of Waterloo as contemplated by this Agreement and shall include all equipment owned, operated, leased or subleased in connection with the operation of the Network Segment, including but not be limited to poles, pedestals, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, and other structures, facilities or appurtenances. As of the date of this Agreement, the initial Network Segment route is generally depicted on Exhibit "A" attached hereto, and the parties agree that, for purposes of this Agreement, the initial Network Segment route consists of approximately 2,346,400 linear feet. d. "Public Improvements" shall mean any improvements as defined in Code of Iowa Section 26.2, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto, and in addition public utilities, on Public Property. e. "Public Property" shall mean City -owned or controlled public rights -of -way, easements, bridges, squares or commons. SECTION 2. BASIC GRANT; RESTRICTED USE a. Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a Network Segment in, under, upon, along and across the Public Property shown and identified in Exhibit "A" hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. This Agreement creates no rights to expand the Network Segment or to create or install a new network segment, except on the terms provided in this Agreement. SECTION 3. TERM OF AGREEMENT a. This Agreement and the rights conferred hereunder shall commence on (the "Effective Date"), and shall continue for such period of time as Licensee, or its successors and assigns, operate the Network Segment. Page 320 of 383 SECTION 4. FEES REQUIRED a. Licensee shall pay an administrative fee (the "Administrative Fee") in the amount of $0.10 for each linear foot of Network Segment facilities that Licensee places or causes to be placed in, over, under or across Public Property, subject to a minimum fee of $600.00. Licensee agrees that the Administrative Fee is the City's estimate of the administrative burdens imposed on the City in connection with Licensee's application and its occupancy of Public Property, and Licensee agrees that it will not take any action, nor voluntarily provide support to any third -party action, to challenge the validity or reasonableness of such fee under applicable law. The Administrative Fee shall be payable upon execution and delivery of this Agreement, or any future amendment or addendum hereto. In addition to the Administrative Fee, Licensee shall pay permit fees and such other regulatory fees as may be required by applicable ordinance. An Administrative Fee calculated in the manner described above shall be payable in connection with each separate application filed by Licensee to extend or expand the Network Segment at the time such application is filed. b. In each successive year during the term of this Agreement, Licensee shall pay an annual management fee (the "Management Fee") equal to $.015 for each linear foot of Network Segment facilities that Licensee places or causes to be placed in, over, under or across Public Property, subject to a minimum fee of $50.00. Licensee agrees that the Management Fee is the City's estimate of the right-of-way management costs imposed on the City in connection with Licensee's occupancy of, and activities in and upon, Public Property, and Licensee agrees that it will not take any action, nor voluntarily provide support to any third -party action, to challenge the validity or reasonableness of such fee under applicable law. City retains the right to modify or adjust the Management Fee linear -foot charge at any time to ensure that the City is properly reimbursed for its right-of-way management costs. The Management Fee shall be payable annually, based on the linear footage of the Network Segment facilities existing at December 31 of a given year, no later than January 15 of the following year. In addition to the Management Fee, Licensee, or its contractors or agents, shall pay excavation permit fees and such other regulatory fees as may be required by applicable ordinance. SECTION 5. ADDITIONAL LICENSING PROCESS a. Before commencing any extension or expansion of its Network Segment, or any major repair work, or the installation of any new Network Segment in the City, the Licensee shall file with the City Engineer's Office a written statement (a "License Request") verifying the Public Property under which or upon which it proposes to extend, expand, install or repair its Network Segment. Work other than repair or replacement of existing Network Segment facilities shall require the further grant of a license for use of Public Property. The License Request shall be accompanied by a map, plan or specifications showing the proposed location of the Network Segment components with reference to streets and alleys and the location of other utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. b. If the proposed locations of any Network Segment facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any Public Improvements or any existing public utility system component, or other structure upon or under Public Property, the City Engineer shall within 30 days after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a Public Improvement 2 Page 321 of 383 or existing public utility system facility and refer the same back to the Licensee for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the City Engineer's Office, and after the approval of the same by the City Engineer and the posting of a bond required under applicable law or ordinance regulating work in or upon Public Property, if such is not waived by the City, the License Request shall be approved so that the Licensee may proceed in accordance with the approved maps, plans or specifications. c. Approval of a License Request does not constitute any statement, representation, or assurance by City as to the presence or location of any privately maintained facilities, equipment or infrastructure. No such excavation, construction or erection shall be commenced before approval of the License Request, unless it is an emergency as determined by Licensee in good faith, and all work shall be in accordance with the approved maps, plans or specifications. If Licensee extends or expands its Network Segment without following the License Request process prescribed by this Section, the Administrative Fee and the fee minimum shall double, and Licensee shall be liable for any Management Fees that it failed to timely pay, plus interest thereon at 12% per annum, compounded monthly. d. Each expansion or extension of the Network Segment for which a License Request is approved, and the plans, maps, and specifications therefore, shall be deemed incorporated into this Agreement by reference as an addendum hereto. All of Licensee's activities in relation to said expanded or extended Network Segment shall be subject to the terms of this Agreement. SECTION 6. CONSTRUCTION AND REPAIR OF FACILITIES a. In the process of location, construction, reconstruction, replacement, or repair of any Network Segment system component, the excavation or obstruction made or placed in Public Property at any time or for any purpose by the Licensee shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). The Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall limit obstructions to the minimum area and time necessary, shall provide the City Engineer with no less than 24-hour notice prior to the actual commencement of the work and shall comply with all provisions, requirements, and regulations in accordance with City ordinances and this Agreement in performing such work. The Licensee shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the City Engineer. In emergencies which require immediate excavation the Licensee may proceed with the work without first applying for an excavation permit or other applicable permits, provided, however, that the Licensee shall apply for and obtain the permit(s) as soon as possible after commencing such emergency work. b. All pavement taken up or damaged, and any other disturbed areas, shall be properly and speedily replaced in accordance with the City's regulations. As a condition to use of Public Property, the Licensee shall at its own expense repair any private property, utility system component, public improvement or Public Property damaged by such location, construction, reconstruction, replacement or repair work, in a manner reasonably acceptable to City. If, after excavations have been made, the Licensee fails to repair or arrange with the City for the proper repair and restoration of any Public Property to a condition as good as the condition of such 3 Page 322 of 383 property prior to the disturbance of same, and after seven (7) days notice in writing to do so is given to its designated representative, the City may make such repairs at the expense of the Licensee. The Licensee shall pay to the City its costs and charges for such work, plus interest at 12% per annum, compounded monthly, within thirty (30) days after receipt of the City's billing. SECTION 7. WORK BY OTHERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS a. The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any Public Property occupied by the Licensee and to change any curb or sidewalk or the grade of any street. In permitting others to do such work the City shall not be liable to the Licensee for any damages arising out of the performance of such work by other parties, provided City exercised reasonable care in performance of such work undertaken by the City. Nothing in this Agreement shall be construed as to relieve any other person or company from liability for damage to the Licensee's facilities. SECTION 8. LICENSEE CONTRACTORS a. The requirements of this Agreement shall apply to all persons, firms or corporations performing work for the Licensee under a contract, subcontract or other type of work order. SECTION 9. CONDITIONS OF OCCUPANCY; RELOCATION a. Components of the Network Segment laid or constructed by the Licensee within the City shall conform to established grades of streets, alleys, and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon Public Property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin Public Property. All conduit installed by Licensee shall terminate in a shared box or shall otherwise be accessible to others on terms that the City Engineer determines to be fair and reasonable after consideration of generally prevailing industry practices; provided, however, that Licensee may refuse joint use of conduit and pedestals based on technical considerations, such as limited physical space in the conduit, substantial risk of damage to Licensee's fiber, or risk of interruption to critical services. Because available space in the right-of-way is limited, Licensee is encouraged to share conduit and other facilities with existing right-of-way occupants, to the extent reasonably possible. Because right-of-way space is limited, Licensee agrees to cooperate in good faith and on reasonable terms with future requests from others who desire to collocate in or jointly use any separate conduit -type facilities of Licensee in the right-of-way. Licensee may charge reasonable fees to others for future joint use of any conduit, pedestals or other infra- structure installed by Licensee. b. Licensee agrees to allow City to install its own pipes, cables, conduits, ducts, and/or other appurtenances within Licensee's excavation, provided that such installation is performed at City's sole expense and does not result in any material increase to the Licensee's costs. City shall inform Licensee where it desires to collocate or install conduit, and Licensee will ask its installation contractor to provide a reasonable quote for the cost thereof. The collocation or installation of conduit or cables within Licensee's excavation shall be subject to a separate agreement between City and the contractor. 4 Page 323 of 383 c. The Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its Network Segment facilities in, on, over or under Public Property in such manner as the City may at any time reasonably require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event the Licensee fails to act and proceed with diligence to begin and/or complete said relocation or removal within a reasonably allocated time, or if City in its discretion chooses to allow Licensee to post a performance bond and Licensee fails within a reasonable time set by the City to furnish a satisfactory performance bond providing for completion of the required relocation by a designated date, the City at its option may cause the Licensee facilities to be relocated or removed and then demand reimbursement of costs and expenses from the Licensee, including interest at the rate of 12% per annum, compounded monthly, without liability to the City for any loss or damage caused by such relocation or removal. In addition to the foregoing remedies, City at its option may impose a fine of $1,000.00 per day or portion thereof starting fourteen (14) days following the City's request and Licensee's failure to diligently act or, as appropriate in the circumstances, starting seven (7) days following Licensee's failure to complete the required relocation by the date designated in connection with the performance bond. Sums payable under this paragraph are due and payable by the Licensee to the City within thirty (30) days after receipt of the City's billing. d. The Licensee shall not place its Network Segment facilities in the Public Property where the same will interfere with the normal use or maintenance of any Public Improvement, including but not limited to streets, alleys, traffic control devices, sanitary sewers, storm sewers, storm drains, or any public utility facility. e. Upon request, the Licensee agrees to assist in locating underground facilities which are part of its Network Segment. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this Agreement, the Licensee shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll free "One -Call" number. f. Installation, repair, or replacement work completed by the Licensee that requires excavation of Public Property or public right-of-way shall require restoration and replacement of (a) any improvements that were removed, destroyed or damaged by the Licensee's work to a condition at least equal to the condition of such premises before the Licensee's work was undertaken, and (b) surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. All work of restoration and replacement shall be subject to inspection and approval by the City Engineer or his designee. SECTION 10. POWERS OF CITY a. Nothing in this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public grounds by anyone using the same for the erection and maintenance of utility systems. SECTION 11. PLANS AND COORDINATION 5 Page 324 of 383 a. Upon completion of the work the Licensee shall promptly furnish to the City copies of "as -built" plans related to its Network Segment facilities located on Public Property. The Licensee shall keep complete and accurate maps and records on the locations and operations of its facilities in connection with this Agreement. SECTION 12. VIOLATIONS OF AGREEMENT a. Upon evidence being received by the City that a violation or breach of this Agreement or violation of codes or ordinances lawfully regulating the Licensee in the operation of its Network Segment facilities, or in the use of Public Property therefor, is occurring or has occurred (hereinafter referred to as a "default") the City shall cause an investigation to be made. If the City finds that a default exists or has occurred the City may take appropriate steps to secure compliance with the terms of this Agreement or the codes or ordinances. During the period in which any default exists, City shall be entitled to suspend the processing of any request or application by Licensee to amend the terms of this Agreement, to approve a License Request, or to grant a new permit, license, franchise, or other approval. b. The City shall notify the Licensee of the default and the Licensee shall cure such default within thirty (30) days after receipt of such notice; provided, however, where any such default (other than a payment default) cannot reasonably be cured within such thirty (30) day period, Licensee shall so notify the City Engineer, and if Licensee shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure, as mutually agreed upon by the parties. c. If the Licensee fails to cure a default within the time allowed, the City shall have the right to (i) seek specific performance; or (ii) remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Licensee; or (iii) seek damages for such default, plus interest at the rate of twelve percent (12%) per annum, compounded monthly, on any sum due and owing; or (iv) any combination of (i), (ii) and (iii). SECTION 13. TRANSFER OF TITLE a. If Licensee abandons its Network Segment system and facilities for a period of twelve (12) months or more, then at City's option City may effectuate a transfer to City of all of Licensee's right, title and interest in and to the Network Segment. Abandonment shall be presumed if Licensee has not filed with the office of the City Engineer a notice of continued use within thirty (30) days after City's written request for same. Licensee's continued use shall be established upon filing of such notice, without regard to whether Licensee has allowed the Network Segment or some part thereof to go dark. b. City shall deliver to Licensee a written notice of City's intent to effectuate a transfer of title and permit Licensee a period of thirty (30) days from the date of delivery in which to provide written notice of non -abandonment, and absent such action by Licensee City may file in the public land records of Black Hawk County, Iowa, a notice of transfer of title to City. Licensee shall not be entitled to any compensation from City for a transfer as contemplated by this Section. SECTION 14. LIABILITY, INDEMNIFICATION AND INSURANCE a. The Licensee covenants, at its sole cost and expense, to indemnify, defend, and save the City and its officers, agents and employees, harmless from any and all costs, damages, losses 6 Page 325 of 383 and liabilities whatsoever (including but not limited to the reasonable fees and expenses of attorneys and accountants), of any kind or nature, whether in tort or contract, arising directly or indirectly from the exercise of the rights granted herein or from the acts or omissions of Licensee, its employees, contractors and agents, in respect of the Network Segment, any Network Segment facilities, any work relating thereto, or any access to or use of the Network Segment by third parties. b. The Licensee agrees to require contractors and subcontractors engaged in work for the Licensee within the public rights -of -way or on public property to maintain in effect during the term of work liability insurance in comprehensive form and in the amounts to be reasonably set by the City. c. Licensee agrees to accept the risk of having its communications systems and equipment upon the public right-of-way, including the possible risk of damage or injury to its system or equipment, and agrees to release and discharge the City of any liability for damage or injury to Licensee's equipment, except to the extent caused by the City's gross negligence. In no event shall the City be liable for any consequential damages arising out of any damage or injury to Licensee's equipment placed in the right-of-way. d. The covenants set forth in this Section shall survive the termination or expiration of this Agreement for any reason. SECTION 15. SEVERABILITY a. In the event any provision of this Agreement is held invalid, illegal, 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 provision of this Agreement is invalid, illegal, or unenforceable as written, but that by modifying or 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 modified or limited without affecting the remaining provisions of this Agreement, provided, however, that in such event City shall have the option, exercisable in its sole discretion, to terminate this Agreement. SECTION 16. ASSIGNMENT a. Licensee shall not assign or otherwise transfer this Agreement or any of its rights and interest to any firm, corporation or individual without the prior written consent of the City, except that Licensee shall have the right to assign, convey or otherwise transfer its rights, title, interest and obligations under this Agreement, in whole or in part, to any entity controlled by, controlling or under common control with Licensee, or any entity into which Licensee may be merged or consolidated or which purchases all or substantially all of the assets of Licensee, provided that Licensee shall notify the City in writing of any permitted assignment, conveyance or transfer within thirty (30) days of its occurrence. SECTION 17. VACATION OF STREETS AND ALLEY a. So long as the Licensee exercises the rights granted to it hereunder the City will not, by ordinance or otherwise, vacate any street, alley or public way in which the Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for 7 Page 326 of 383 the said facilities in accordance with the terms of this Agreement, provided that nothing herein shall limit the City's right to require the Licensee to relocate it facilities as provided in Section 10 hereof. SECTION 18. DELIVERY OF NOTICES a. Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: With a copy to: If to Licensee: City of Waterloo, Iowa Attn: City Engineer 715 Mulberry Street Waterloo, IA 50703 City of Waterloo, Iowa Attn: City Attorney 715 Mulberry Street Waterloo, IA 50703 Waterloo Fiber Attn: General Manager 625 Glenwood Street Waterloo, IA 50703 Provided, however, that in the case of an emergency, notices may be given verbally to the above named persons. In such case written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given three (3) days after the date of mailing if done by certified mail, the next business day if sent by a recognized national overnight carrier or courier, or otherwise on the date actual notice is received. SECTION 19. APPLICABLE LAWS a. This Agreement is subject to all applicable federal, state and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934 as amended, the Telecommunications Act of 1996 as amended and the rules and regulations of the FCC. Neither City nor Licensee waives any rights they may have under any such laws, rules or regulations. SECTION 20. GOVERNING LAW; LEGAL ACTION a. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. In any action to interpret, construe or enforce this Agreement, the parties hereby agree and consent (i) to irrevocably submit to the jurisdiction and venue of the Iowa District Court for Black Hawk County, over any action or proceeding to enforce or defend any matter arising from or related to this Agreement; (ii) to irrevocably waive, to the fullest extent a party may effectively do so, the defense of any inconvenient forum to the maintenance of any such action or proceeding; and (iii) not to institute any legal action or proceeding against the other party or any of the directors, officers, officials, employees, successors, assigns, agents or property of the other 8 Page 327 of 383 party, concerning any matter arising out of or relating to this Agreement, in any court other than one specified in this Section. If City prevails in any legal action to collect fees owed by Licensee under this Agreement, Licensee shall be liable for City's reasonable attorneys' fees and expenses. SECTION 21. GENERAL PROVISIONS a. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. It may not be modified or amended except by a written instrument signed by both parties. This Agreement is binding upon the parties and the permitted successors, assigns, transferees and personal representatives of each of them. IN WITNESS WHEREOF, the parties have entered into this Right -of -Way License Agreement by their duly authorized representatives as of the Effective Date. WATERLOO FIBER Title: General Manager of Telecommunications 9 CITY OF WATERLOO, IOWA By: , Mayor Page 328 of 383 Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Phone (319) 291-4366 PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of , by and between the City of Waterloo, Iowa ("City") and McDonald's USA, LLC, successor by merger to Archland Property I, LLC ("Grantor"). l . Grant of Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto City, and City does hereby accept, for the purposes stated herein, a permanent easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof, as depicted on a plat for permanent easements for roadway maintenance attached hereto as Exhibit "B" (the "Easement Area"). Grantor acknowledges and agrees that the general public will benefit from the Easement. 2. Purnose. The Easement is intended to allow roadway maintenance on the private property of Grantor. 3. Grantor Duties. Grantor shall allow City access to the Premises, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for City's use. 4. Grantee's Duties. Grantee shall not block access to the Premises or adversely affect the business and operation on the Premises, including without limitation, its drive-thru operation. Grantee shall confer with Grantor in advance of any work that would be anticipated to block public access to the Buckhart Street entrance, and the parties will work in good faith to develop a mutually acceptable work plan to minimize such blockage. Grantee shall separate the Easement Area by cones or other appropriate construction safety barrier. Grantee shall not park on or store any construction vehicles, equipment or material overnight in the Easement Area or on Grantor's Property, unless agreed to in writing by Grantor. 5. Authority. The persons executing this Agreement represent and warrant that they are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the party on whose behalf they are signing. 6. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement Page 329 of 383 between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA McDONALD'S USA, LLC By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF ILLINOIS ) ) ss. COOK COUNTY ) Acknowjledged be re me on as � 1 COI (.ifcae OFFICIAL SEAL Tamara L Salinas NOTARY PUBLIC-, STATE OF ILLINOIS Commission No, 747534 My Commission Expire$ April 4, 2027 STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Signatory for G antor] ink( (WO by &tile s etc Notary Public Acknowledged before me on , by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 7 Page 330 of 383 EXHIBIT "A" Legal Description South 5 feet of Lot 3, Logan Plaza First Addition, Waterloo, Black Hawk County, Iowa Page 331 of 383 EXHIBIT "B" Plat for Easement See attached. Page 332 of 383 Exhibit "B" ROADWAY MAINTENANCE EASEMENT THE SOUTH 5 FEET OF LOT 3, LOGAN PLAZA FIRST ADDITION, WATERLOO, BLACK HAWK COUNTY, IOWA ' 0\�`'� 1, �oGp� ROADWAY MAINTENANCE EASEMENT SOUTH LINE OF LOT 3 BUCKHART STREET PROPOSED IMPROVEMENTS 0' 20' 40' 27. Page 333 of 383 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 16, 2024 AGENDA ITEM TITLE Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the construction of a new home at 222 Randall Street, including a $5,000.00 infill incentive and demolition of the existing structure, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Habitat for Humanity is acquiring the property at 222 Randall Street. Within the agreement, the City of Waterloo would be offering to demolish the existing structures on the property and upon completion of new residential units, Habitat would also receive $5,000 infill housing grant per residential unit constructed on the property. The property is fire damaged and Habitat is acquiring the property. They plan to construct a new single family home on the property. NEIGHBORHOOD IMPACT Redevelopment of the lot would have a positive impact on the Church Row Neighborhood. DATA, ANALYSIS, AND STRATEGIES Infill residential Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS City Council is a public meeting. SOURCE OF EXPENDITURES Nuisance Bonds ALTERNATIVE ACTION Not approve Page 334 of 383 LEGAL DESCRIPTION The South 73 feet in even width of Lot 11, except the Westerly 10 feet of the Southerly 30 feet thereof, in "auditor Francis' Leland Park Plat" in the City of Waterloo, Iowa. ATTACHMENTS 1. Habitat DA for 222 Randall 8-24 Page 335 of 383 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2024 by and between Iowa Heartland Habitat for Humanity ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is the owner or is in the process of acquiring real property at 222 Randall Street, Waterloo, Iowa (the "Property") and is willing and able to finance and undertake the construction of a new home on the Property and to make related improvements. B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Company. At its own cost Company shall construct on the Property a single-family dwelling to a finished state, including sidewalk, garage(s) and driveway, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific plans, building Page 336 of 383 designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 2. Timeliness of Construction; Possibility of Termination. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must Substantially Complete construction of the Improvements within three (3) years 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 the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been completed to City's reasonable satisfaction. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of the Completion Deadline of up to six (6) months. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination. If Company does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 9, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by a Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 9, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project. In connection with termination of the Agreement as set forth herein, City Page 337 of 383 may demand reimbursement of any sums paid to or for the benefit of Company in connection with the Project, in addition to exercising any other available remedies. 3. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 4. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 within sixty (60) days after Company has Substantially Completed the Improvements and has obtained final inspection on all permits obtained for the Project. B. Demolition. After Company acquires ownership of the Property, Company shall provide reasonable cooperation to City and its contractor(s) to achieve City's demolition of current structures on the Property and removal of debris. City shall level the site to grade. City shall not otherwise undertake any actions to prepare the Property for Company's purposes. 5. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company agrees during construction of the Improvements to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily Page 338 of 383 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. 6. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 7. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse Page 339 of 383 decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 8. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property; or E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 9. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Page 340 of 383 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 or for the benefit of Company with respect to the Project 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. 10. 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, due to any act of negligence or willful misconduct of any person, other than any act of gross negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its Page 341 of 383 rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 11. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 12. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 13. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. (b) if to Company, at 803 W. 5th Street, Waterloo, Iowa 50702, Attention: Executive Director. Page 342 of 383 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. 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. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. Page 343 of 383 21. 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. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] Page 344 of 383 CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: By: Quentin Hart, Mayor Ali Parrish, Executive Director Attest: Kelley Felchle, City Clerk Page 345 of 383 EXHIBIT "A" Property Description The South 73 feet in even width of Lot 11, except the Westerly 10 feet of the Southerly 30 feet thereof, in "Auditor Francis' Leland Park Plan" in the City of Waterloo, Iowa. Page 346 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving Amendment No. 4 to the Professional Service agreement originally executed December 8, 2022, with Strand Associates Inc., of Madison, Wisconsin for design bidding related services, in the amount of $10,000.00, in conjunction with the Wastewater Treatment Plant Third Party Renewable Natural Gas Project, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve amendment No. 4 to the Agreement with Stand associates of Madison WI ,Bidding Related Services Third party Renewable Natural Gas Project SUMMARY STATEMENT AND BACKGROUND INFORMATION To change under Compensation from $63,000.00 to $73,000.00 and under Schedule change August 30, 2024 to December 31, 2025. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 347 of 383 ATTACHMENTS 1. Agreement Signed Page 348 of 383 STRAND ASSOCIATES® Excellence in Engineerings" Strand Associates, Inc° 910 West Wingra Drive Madison, WI 53715 (P) 608.251.4843 www.strand.com August 22, 2024 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Brian Bowman, Treatment Operations Director Re: Amendment No. 4 to the December 8, 2022, Agreement for Bidding -Related Services Third -Party Renewable Natural Gas Project This is Amendment No. 4 to the referenced Agreement. Under Scope of Services, ADD the following: "Third -Party Implementation Phase Technical Assistance Services 1. Assist OWNER in reviewing third -party implementation phase information as requested by OWNER. Such information is anticipated to include project schedules, system layout drawings, operational information, start-up and commissioning reports, and related information. ENGINEER will provide requested review services (limited to compensation below) but shall not be responsible for any part of the design, construction or operation of the third party RNG system. ENGINEER's review is not anticipated to include structural; heating, ventilation, and air conditioning; electrical; or controls for the third -party project. 2. Attend up to five virtual meetings with OWNER to discuss and review the project status." Under Compensation, CHANGE $63,000 to "$73,000" and ADD the following line item to the table in between Bidding -Related Services and If -Authorized Services. "Third -Party Implementation Phase Technical Assistance Services $10,000" Under Schedule, CHANGE August 30, 2024, to "December 31, 2025." IN WITNESS WHEREOF the parties hereto have made and executed this Amendment. ENGINEER: OWNER: STRAND ASSOCIATES, INC.® CITY OF WATERLOO zz z/ Jose M. unker Da Quentin M. Hart Corporate Secretary Mayor RAW:clg\R:\MAD\Documents\Agreements\W\Waterloo, City of(IA)\3-P RNG.Projects.Bidding.Services.2022WgWmd\4463.018.4.docx Date Arizona I Illinois I Indiana I Iowa I Kentucky I Ohio I Tennessee Texas I Wisconsin Page 349 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving an As -Built Contract with Entrust Solutions Group of Warrenville, IL, in the amount of $479,274.20, in conjunction with the Fiber Optic Network Project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION EN to complete as -built digitization of fiber project as-builts, which will enable the city to collect, track, analyze and report on key broadband infrastructure assets. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 350 of 383 1. As-Builts 2. Design Change Page 351 of 383 ENENGINEERING Contact: Cole He'll(le, VP of Design chenkle@entrustsol.com s-builts Prepared for ity of Waterloo Proposal ber: 1234-001 ' June 26, 2024 July 23, 2024 City of Waterloo RE: As-builts Dear, Mayor Hart On behalf of ENTRUST and Cole Henkle, thank you for allowing EN Engineering, LLC (EN) the opportunity to present you with this proposal. EN is committed to providing high quality and cost- effective engineering and design services that will ensure Waterloo's projects are successfully implemented. Our technical experts, engineers, designers and drafting professionals have developed strong working -relationships with the City of Waterloo. We are confident that EN's expertise will result in another successful project for the City. We appreciate this opportunity to provide a proposal and look forward to meeting with your team to further discuss our proposal in more detail. Should you have any questions or require any additional information, please contact Cole Henkle at 913.706.3306 chenkle@entrustsol.com. Sincerely, esse Rodriguez Executive Vice President Commercial Operations Page 2 E Page 353 of 383 SCOPE OF WORK As-builts EN proposes to complete the as -built digitization 2,819,260 ft of fiber project as-builts, which will enable the City of Waterloo to accurately collect, track, analyze and report on key broadband infrastructure assets that it has deployed and operates across the city. We propose to first build a layer for the City's conduit and fiber, identifying placed conduit, type, size, status (occupied/vacant) and related information as listed below under GIS Data Feature Class Layer Assumptions. A second layer will incorporate all outside plant structures owned by the city, including vaults, handholes, manholes, pedestals, poles, transitions, and related information that can easily be incorporated into the city's Fiber Management System (FMS). From these layers, we will proceed to identify all fiber-optic assets placed during the city's Fiber Optic Network roll -out and document types of fiber cable, strand count, splice points, splice cases, slack loops, terminations, and related information. This process includes compiling the collected location of all boxes, conduit, fiber cables and other structures. All field data and information related to changes in the field, as -built and redlines will be implemented into the digital record. Our as -built team will compile the dailies and red -lines that are coming from the field and be process them into a digital As -Built record that can be imported into the City's FMS. EN will use the existing Waterloo FMS Schema and/or work with the FMS vendor to accurately import the as -built data. Timeline As-builts to be completed by Task Order and aligned with the construction schedule by Task Order. As-builts will be delivered within 90 days of the construction completion of a Task Order. Page 3 IE Page 354 of 383 PRICING The costs outlined below are EN Engineering's estimated work effort required to complete the tasks described within this document. Work is intended to be performed on a unit basis, not to exceed basis. Any additional work necessary outside the scope of work described in this proposal will be completed per the established rate schedule below. The provided pricing is valid for 180 days from submittal. Total Price Unit Units TOTAL As-Builts $0.17 FT 2,819,260 $479,274.20 2024 (PHASE 1 — FIRE STATION 6) $0.17 FT 1,198,186 $203,691.62 2025 (PHASE 2 — LINDEN) $0.17 FT 768,113 $130,579.21 2026 (PHASE 3 — FLETCHER) $0.17 FT 764,815 $130,018.55 EDA PROJECT $0.17 FT 71,878 $12,219.26 LA PORTE RD PROJECT $0.17 FT 16,268 $2,765.56 TOTAL $0.17 FT 2,819,260 $479,274.20 EN Engineering, LLC 8y: L ( L Name: Patrick Carr City of Waterloo By: Name: Title: Executive Vice President Title: Page 4 Page 355 of 383 f NENGINEERING Contact: Cole Henkle, VP of Design chenkle@entrustsol.com Prepared fo�ity of Waterloo Proposal Number: 1234-001 August 8, 2024 I�lt Mi April 8, 2024 City of Waterloo RE: IA MDU and New Home Detailed Design Dear, Mayor Hart On behalf of ENTRUST and Cole Henkle, thank you for allowing EN Engineering, LLC (EN) the opportunity to present you with this proposal. EN is committed to providing high quality and cost- effective engineering and design services that will ensure Waterloo's projects are successfully implemented. Our technical experts, engineers, designers and drafting professionals have developed strong working -relationships with the City of Waterloo. We are confident that EN's expertise will result in another successful project for the City. We appreciate this opportunity to provide a proposal and look forward to meeting with your team to further discuss our proposal in more detail. Should you have any questions or require any additional information, please contact Cole Henkle at 913.706.3306 chenkle@entrustsol.com. Sincerely, 4064*,z428 esse Rodriguez Executive Vice President Commercial Operations Page 2 Page 357 of 383 SCOPE OF WORK The below task items will be completed for each of the proposed work items for Design Re - Routes. Task 1: Analyzing and Optimizing Fiber Infrastructure. o Determine the best FTTH architecture and fiber path for each building, based on factors such as the number of units, the distance from the central office, the bandwidth demand, the cost, and the future scalability. Task 2: Equipment and Component Selection for FTTH Network. o Select the appropriate equipment and components for integration into the existing designed FTTH network Task 3: Conduct On -Site Validation o General new designs may include but are not limited to new subdivisions, a change to a route based on City request, Co -build changes, etc. Task 4: Construction Documentations. o Provide construction documentation, bill of materials and splice sheets which may include revisions to existing designs or new build outs o Update all relevant GIS data associated with design updates Page 3 Page 358 of 383 The costs outlined below are EN Engineering's estimated work effort required to complete the tasks described within this document. Work is intended to be performed on a Time and Material, Not to Exceed basis. Any additional work necessary outside the scope of work described in this proposal will be completed per the established rate schedule in Exhibit A. EN's standard Master Professional Service Agreement is Appendix A for you r review and consideration. The provided pricing is valid for 180 days from submittal, Design Change Proposal The table below provides line -item pricing for EN's services effective April 2024 through completion of an estimated 20 significant design changes to be adjusted to the Waterloo Network design. These changes may come from Permit, Construction, or City request. Additional units may be added at a future date upon request. New Design Change PM Senior Design Technician Design Technician Estimation Field Tech Field Expenses Total Page 4 Estimate 2 40 $165.00 4 80 $135.00 4 80 $115.00 2 40 $115.00 4 80 $100.00 320 $ 6,600.00 $10,800.00 $ 9,200,00 $ 4,600.00 $ 8,000.00 $ 9,100.00 $48,300.00 Page 359 of 383 EN Engineering, LLC By 46- Z (,,A__ Name: Patrick Carr Title: Executive Vice President Page 5 Cite of Waterloo By: Name: Title: E Page 360 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving a Design Agreement with Entrust Solutions Group of Warrenville, Illinois, in the amount of $48,300.00, in conjunction with the Fiber Optic Network Project, 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 None Page 361 of 383 Page 362 of 383 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving a Sales Agreement with Daktronics of Brookings, South Dakota in the amount of $294,500.00, in conjunction with the Convention Center Outside Signage Project, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. City of Waterloo Convention Center - Sales Agreement - 837971-3 REV 0 Page 363 of 383 2. Waterloo Convention Center channel letters dimensioned 3. Waterloo Convention Center exterior signage sketch 8-20-2021 (002) Page 364 of 383 SALES AGREEMENT City of Waterloo 715 Mulberry St. Waterloo, IA 50703 Bridgett Wood, Ph: 319-291-4323 837971-3 REV 0 30-August-2024 Valid for 30 Days, Subject to Change RE: Waterloo Convention Center - DVX Ribbon Displays - Sourcewell Contract #030223-DAK Dear Bridgett, Daktronics, Inc. ("Daktronics") appreciates the opportunity to provide a Sales Agreement to City of Waterloo ("Purchaser"). Equipment and Services: Corner Ribbon - One (1) Outdoor Daktronics LED Corner Wrap Display • Daktronics Model: DVX-2852-8MN-8000-WR-WVC-90x1710 • Approximate Active Area: 2.40' high x 45.6 wide • Pixel Pitch: 8mm • Matrix: 90 pixels high x 1710 pixels wide Flat Ribbon - One (1) Outdoor Daktronics LED Video Display • Daktronics Model: DVX-2852-8MN-8000-WR-WVC-90x855 • Approximate Active Area: 2.40' high x 22.80' wide • Pixel Pitch: 8mm • Matrix: 90 pixels high x 855 pixels wide Daktronics Custom Control - Primary/Backup Physical Installation One (1) Year Parts & Labor; Years 2-5 Parts (See attachments for additional details.) TOTAL CONTRACT PRICE (EXCLUDING TAXES) $294,500 (amount in USD) Delivery Terms: Equipment is quoted FCA Destination. Ship Date will be determined after execution of this Sales Agreement, shop drawings are approved, and down payment is received. Without limiting any other provision in this Agreement, the parties agree that any delays caused directly or indirectly as a result of the COVID-19 pandemic are excusable and will extend the time for performance under this Agreement. Delays may be caused by, without limitation, www.daktronics.com 201 Daktronics Dr. Brookings, SD 57006 te1800-325-8766 email: sales@daktronics.com DD2527826 Rev 30 29May24 Page 1 of 10 Sales Agreement 837971-3-0 D DAKTR❑NICS Page 365 of 383 SALES AGREEMENT government mandates, unsafe site conditions, or resource constraints arising out of conformity with CDC guidelines or government mandates. Thank you for allowing Daktronics to submit a Sales Agreement for this project. We appreciate your consideration and are excited about the possibility of working with you. If you have any questions please contact the following: g Matt Warnke or Chris Tieszen Regional Sales Project Manager 605-530-2526 605-231-3111 Matt.Warnke@Daktronics.com Chris.Tieszen@Daktronics.com ACCEPTANCE The "Contract Documents" are comprised of the following and will be the basis of our Sales Agreement: • Sales Agreement 837971-3 REV 0 • SL-02375 Standard Terms and Conditions of Sale o (http://www.daktronics.com/terms_conditions/SL-02375.pdf) • SL-02374 Standard Warranty and Limitation of Liability o (http://www.daktronics.com/terms_conditions/SL-02374.pdf) • Attachments o A Equipment and Software o B Purchase Price and Payment Schedule o C Project Management, Engineering, and Site Support Services o D Installation Responsibilities o E Services Purchaser hereby agrees to purchase the Equipment, peripherals, Services, and additional supplies as defined by the Contract Documents. The Contract Documents constitute the full and final understanding of the parties and entirely replace and supersede any previous understanding or agreement between the parties. By executing this agreement, Purchaser acknowledges that it has had opportunity and means to review the Contract Documents as provided, including any online documents. The parties acknowledge and agree that Daktronics design and installation services meet the requirements of the building code in effect for the installation site as of the date of the Contract www.daktronics.com 201 Daktronics Dr. Brookings, SD 57006 te1800-325-8766 email: sales@daktronics.com DD2527826 Rev 30 29May24 Page 2 of 10 Sales Agreement 837971-3-0 a DAKTR❑NICS Page 366 of 383 SALES AGREEMENT Documents, and is priced accordingly. In the event Daktronics is required at any time to conform its design or installation to a code with requirements greater than those required as of the date of the Contract Documents, the parties acknowledge and agree that Purchaser shall be fully responsible for all costs associated with such increased code requirements. The parties agree that due to the volatile market for materials, including but not limited to steel, copper wire, electrical devices, and other related components, Daktronics reserves the right to adjust the contract price prior to execution of the Sales Agreement. All notices required herein shall be given to Purchaser at the address indicated above unless otherwise directed by the Purchaser in writing. The delivery and installation shall be at the address indicated on page one unless otherwise provided below: Product Delivery Address Customer: Address: City, State, Zip: Contact: Phone and E-mail: Installation/End User Address Customer: Address: City, State, Zip: Contact: Phone and E-mail: The undersigned has actual authority to execute this document, and Daktronics is relying upon such authority. ATTESTATION: PURCHASER: By: Signature DAKTRONICS, INC: By: Signature Name/Title: Date: Print or Type Name/Title: Date: Print or Type By: Name/Title: Date: Signature Print or Type Estimated Delivery: Determined by order date and approval of shop drawings. Estimated Date of Substantial Completion: Determined by order date. www.daktronics.com 201 Daktronics Dr. Brookings, SD 57006 te1800-325-8766 email: sales@daktronics.com DD2527826 Rev 30 29May24 Page 3 of 10 Sales Agreement 837971-3-0 D DAKTRONICS Page 367 of 383 SALES AGREEMENT ATTACHMENT A I EQUIPMENT AND SOFTWARE Corner Ribbon - One (1) Outdoor Daktronics LED Corner Wrap Display • Daktronics Model: DVX-2852-8MN-8000-WR-WVC-90x1710 • Approximate Active Area: 2.40' high x 45.6 wide • Pixel Pitch: 8mm • Matrix: 90 pixels high x 1710 pixels wide Flat Ribbon - One (1) Outdoor Daktronics LED Video Display • Daktronics Model: DVX-2852-8MN-8000-WR-WVC-90x855 • Approximate Active Area: 2.40' high x 22.80' wide • Pixel Pitch: 8mm • Matrix: 90 pixels high x 855 pixels wide Fiber Cabling Daktronics Custom Control - Primary/Backup Physical Installation (Primary/Secondary Electrical installation is by customer) Project Management Spare Parts Shipping to Site One (1) Year Parts & Labor; Years 2-5 Parts Venus Control Suite Webinar Includes custom backlit signage • (3) sets identical face -lit channel letters mounted to brick exterior. Includes painted standard color returns, raceway, and trimcap, white plex faces, white LEDs with on- board transformers. • Price includes prefinished white interior wireway. 20A power to be terminated by end user at each location. www.daktronics.com 201 Daktronics Dr. Brookings, SD 57006 te1800-325-8766 email: sales@daktronics.com DD2527826 Rev 30 29May24 Page 4 of 10 Sales Agreement 837971-3-0 0 DAKTR❑NICS Page 368 of 383 SALES AGREEMENT ATTACHMENT B I PURCHASE PRICE AND PAYMENT SCHEDULE The Purchase Price shall be $294,500.00 (Excluding Taxes). "Purchase Price" shall also include any additions or deletions pursuant to any duly authorized Change Orders. The Payment Schedule is as follows, subject to credit review: • 30% within 14 days of order/60% prior to shipment/10% net 30 days Financing option available; consult your sales representative for additional information. TAXES: No taxes have been included in the price. Purchaser will be assessed all taxes and other governmental charges in connection with the sale, purchase, transportation, delivery, or use, of any of the goods provided, with the exception of taxes based upon Daktronics' net income. If Purchaser is tax-exempt or purchasing for resale, a copy of Purchaser's tax-exempt certificate shall be required at time of order. CHANGE ORDERS: Without voiding the contract, the parties may agree to change the scope, timing, or other aspect of the deliverables. Such changes shall be in accordance with Section 3 of Standard Terms and Conditions of Sale (http://www.daktronics.com/terms_conditions/SL- 02375.pdf) All Change Order work performed by Daktronics or a subcontractor of Daktronics will be performed at cost plus 20% overhead and profit. www.daktronics.com 201 Daktronics Dr. Brookings, SD 57006 te1800-325-8766 email: sales@daktronics.com DD2527826 Rev 30 29May24 Page 5 of 10 Sales Agreement 837971-3-0 D DAKTR❑NICS Page 369 of 383 SALES AGREEMENT ATTACHMENT C I PROJECT MANAGEMENT, ENGINEERING AND SITE SUPPORT SERVICES Our project management philosophy is focused on a smooth and uneventful experience for the Purchaser, and mitigating risk throughout the project to ensure there are no unexpected costs or delays. This philosophy includes a team tailored and dedicated to the unique needs of your project. Yet, understanding the need to have clear communication, your single point of contact will be our assigned project manager, who is familiar with your project and has completed jobs of similar scope and scale to yours. Your project manager will collaborate with you and the entire project team to make sure every detail is covered and you have a clear understanding of what is happening during the course of the project. Because our engineering capabilities are in-house, there is a reduction of risk in the possibility of issues arising. If there are items or discrepancies that come up, we can quickly address them to make sure problems do not compound. These engineering capabilities include mechanical, structural, electrical, and control systems to design and document the overall system. Throughout the project, the project manager and the Purchaser will collaborate on many items. Some core functions of this process include: o Organizing the key project team members from all parts of the project to complete the services as defined on the Installation Responsibilities (Attachment D). The responsibilities checklist is provided to make sure all parties clearly understand the scope and expectations. o Establishing and managing the project timeline to meet the needs of your team. o Reviewing the preliminary and/or final project shop drawings as per scope. This includes an explanation of the drawings and key items to approve before production. o Coordinating shipments and deliveries to align with the established timeframes. o Communicating activities of the Daktronics project team to understand when staff will be on -site for specific duties such as equipment installation support, control room set-up, final connections, system testing and training. o Finalizing the project and securing project acceptance. SUPPORT AND TRAINING Daktronics support includes comprehensive training options, from technical training to learning how to use the software. We offer several different formats to suit your needs and schedule. Talk to your representative about what training is best for your needs. Unless specifically outlined in the Contract Documents, this order does not include the following: • Physical installation • Electrical installation • Installation support • Preventative maintenance • Cable or conduit including labor • Freight or insurance costs www.daktronics.com 201 Daktronics Dr. Brookings, SD 57006 te1800-325-8766 email: sales@daktronics.com DD2527826 Rev 30 29May24 Page 6 of 10 Sales Agreement 837971-3-0 a DAKTR❑NICS Page 370 of 383 SALES AGREEMENT • Any additional site related costs • Appropriate structure, footing, and engineering • Bonding www.daktronics.com 201 Daktronics Dr. Brookings, SD 57006 tel 800-325-8766 email: sales@daktronics.com DD2527826 Rev 30 29May24 Page 7 of 10 Sales Agreement 837971-3-0 D DAKTRON ICS Page 371 of 383 SALES AGREEMENT ATTACHMENT D I INSTALLATION RESPONSIBILITIES Responsible Party Daktronics Customer Description 1.Provide payment and performance Bond. 2.Secure necessary construction permits. 3.Provide existing utility drawings. 4. Generate and issue site specific electrical and signal drawing submittals for video equipment. 5.Generate and issue site specific equipment shop drawing and attachment detail submittals for video equipment. 6.Provide approval of all engineering drawings, electrical drawings, shop drawings, equipment locations, color renderings, and ad copy layouts. 7.Customer is responsible to ensure the existing structure/building is adequate, including any necessary modifications, for the installation of the Equipment, including but not limited to (i) obtaining certified engineer drawings to the extent required by law and (ii) providing Daktronics, upon reasonable request, documentation relating to the existing structure and modifications necessary for Daktronics perform its work. Daktronics pricing assumes all display locations can directly attach to studded walls without modification to reinforce attachment locations. 8. Engineering design and certification for Equipment attachment design. 9.Unobstructed access to equipment and control room installation site until display is 100%. 10.Mark location of the new Equipment as delineated in the quote. 11.Locate public underground utilities. 12.Locate private underground utilities. 13.Provide all landscape protection, track, sidewalk, path, site restoration, and/or sprinkler system repair work. 14.Site clean-up after Daktronics work. ' 15. Crating and shipping of all equipment to facility via common or independent carrier. 16.Accept, lift, unload, and inspect all video equipment and control equipment from carrier. 17.Provide storage of video equipment and control equipment in a safe, dry, and secure location until installation. 18.Fabricate and install secondary substructure. 19. Prime and paint substructure 20.Lift and mount Equipment listed in this quotation. 21.Provide and install all required floor and wall boxes as per provided system electrical and signal drawings - provide written verification that all deck/wall boxes are installed and all cable has been pulled prior to installers' arrival. www.daktronics.com 201 Daktronics Dr. Brookings, SD 57006 tel 800-325-8766 email: sales@daktronics.com DD2527826 Rev 30 29May24 Page 8 of 10 Sales Agreement 837971-3-0 a DAICTRDNICS Page 372 of 383 SALES AGREEMENT N. 22. Provide primary power feed up to and including demarcation point in the form of transformer and electrical disconnect or panel board with over current protection per all applicable electrical codes and regulations. Demarcation point is to be within 10-20 feet of each display. Note: Maximum voltage of 120 volts line to neutral for all display systems. 23.Provide secondary power conduits, distribution panel, power cable and power hook-up from the demarcation point to all Daktronics supplied load centers/termination panel at/within the Equipment. 24.Provide and install signal cable conduit, with pull string, from control location to each equipment location. Conduit to be run within 5-10 feet of each display. 25.Extend conduit into Daktronics provided display cabinets, and terminate into power entrances. 26.Mount and install fiber patch panel as required by electrical and signal drawings. 27.Furnish signal cable as delineated on the quote. 28. Labor to pull all new signal cable (and remove existing cable, if required). 29.Interface cabling with audio system including conduit, cabling, and installation of cabling (if necessary) 30. Remote power control/switching (contactors and wiring), if required. 31.Terminate signal cable at control location and video Equipment. 32. Provide a climate controlled and secure control room for all control systems (on/off venue site). Control room is to be climate controlled by Customer. Normal operating temperature should be between 65 and 75 degrees Fahrenheit. Normal operating humidity should be less than 80 percent non -condensing. Storage temperature should be between 40 and 95 degrees Fahrenheit. Storage humidity should be less than 95 percent non -condensing. 33.Provide high speed internet connection to control room equipment. 34. Required power outlets on clean dedicated circuit(s) for all video and control equipment. 35.Provide computer(s) for control software. 36. Unpack, set-up, hook-up, and testing of control system. 37. Provide personnel for maintenance and operator training. 38.Perform final systems testing and commissioning. 39.Final acceptance. 40.Walk-thru inspection at Substantial Completion and identification of punch list items 41.Completion of punch list items. NOTE: All change order work performed by Daktronics or Daktronics subcontractor will be performed at cost plus 20% overhead and profit. www.daktronics.com 201 Daktronics Dr. Brookings, SD 57006 re! 800-325-8766 email: sales@daktronics.com DD2527826 Rev 30 29May24 Page 9 of 10 Sales Agreement 837971-3-0 33 0 DAKTR❑NICS Page 373 of 383 SALES AGREEMENT ATTACHMENT E I SERVICES THE FOLLOWING SERVICES APPLY TO DISPLAY(S) LISTED ABOVE. Years 1-5 Daktronics Parts Coverage 1 Year Daktronics On -site Labor - Standard Response Years 1-5 Customer Care Level 1 SCOPE OF SERVICE: https://www.daktronics.com/DD5454476 TERMS AND CONDITIONS OF SERVICE: http://www.daktronics.com/DD5459759 EXCLUSIONS Third party systems, hoist systems, and any ancillary equipment is expressly excluded from any applicable Standard Service or Extended Service referenced above. Third party systems and ancillary equipment includes, but is not limited to, front end video control systems, audio systems, video processors and players, HVAC equipment, LCD screens, static advertising panels and displays. Daktronics will pass along any manufacturer's warranty. For a list of products commonly excluded from the Standard Service and Extended Service scope and to view the manufacturer's warranty, go to http://www.daktronics.com/exclusions. SPARE PARTS PACKAGE Adequate spare parts to support Daktronics' manufactured products with the quantities of each component included are based off well -trained engineers' and project managers' assessments of the custom display. DAKTRONICS SERVICES • Online Services available 24/7/365 via Daktronics.com and MySupport • Service Coordination and Technical Support available via 1-800-DAK-TRON www.daktronics.com 201 Daktronics Dr. Brookings, SD 57006 te1800-325-8766 email: sales@daktronics.com DD2527826 Rev 30 29May24 Page 10 of 10 Sales Agreement 837971-3-0 a DAKTRONICS Page 374 of 383 1» f1 1\ eil 17.611 N .....) (-,vr ti Page 375 of 383 O1020 Wilbur Ave. PO BOX 2098 DESIGN. MANUFACTURE. INSTALL. SERVICE. Waterloo, IA 50704 0 319.233.4604 e 800.728.4604 Fax:319.233.7514 • •WaterlooConvenliorCenter 1 � a - So II•oo Brothrs Pl2co IN oOVERALL EAST ELfVA1ON tr•ra f Eal u wo xcdry VWou Kiwi row .ks. : uwnMI . r. ME 4 or omlpn.xmoon On�Wr?a,Caxur�+rr IV c WaterlooConvenhonCerrier >_ ct Eulllvon Brother Plan 54., 4 9,td, otl'od Drive Pune „I=. - _:LAL IP oBoa enexnru Iory Cr @OVERALL NORTH ELEVATION Ir. I'a r DOVERALL WEST BUILDING ELEVATION rr•ra n =Waterloo Convention Cente ct Bulllvan Boaters Plow � T naglesigns.com Page 376 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution approving the Program Member Agreement with U.S. Bank for the purpose of making available a Corporate Card, Purchase Card, and/or One Card Program, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This resolution will have the City of Waterloo continue in the Iowa Consortium under the new University of Iowa RFP # 18151 for Banking and Card Services, for the corporate card, purchase card, and/or one card program to use for credit card purchases through U.S. Bank. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 377 of 383 ATTACHMENTS 1. Final 24.08.27 University of Iowa Exhibit B - Program Member Agreement Page 378 of 383 embank EXHIBIT B PROGRAM MEMBER AGREEMENT (Program Member Liability) CONFIDENTIAL This Program Member Agreement ("Joinder") is entered into by Program Member and Bank. This Joinder shall become effective upon signing by Bank. RECITALS A. University of Iowa, Iowa State University, and University of Northern Iowa ("Customer") and U.S. Bank National Association ("Bank") entered into the United State Commercial Account Agreement, dated August 23, 2024 (the "Agreement"); B. The below signed entity is an Eligible Program Member and desires to participate under the Program and Agreement; and C. Program Member desires to be bound under the Agreement and participate in the Program. Now, therefore, for and in consideration of the mutual promises contained in this Joinder and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Program Member, and Bank agree as follows: 1. DEFINITIONS. Unless otherwise stated in this Joinder, all capitalized terms shall have the same meaning as set forth in the Agreement. 2. DESIGNATION. Upon execution of this Joinder (and after Bank's appropriate due diligence), Program Member shall be deemed a "Program Member" under the Agreement until such designation is revoked as set forth in section 7 below. Bank is authorized to take direction from each such Program Member in the issuing of Accounts (or the suspension of Accounts issued at such Program Member's direction). This Joinder shall be considered a "Participant Agreement" for purposes of the Agreement. 3. PROGRAM MEMBER REPRESENTATIONS, WARRANTIES AND COVENANTS. Program Member 3.1. Represents and warrants that it is an Eligible Program Member; 3.2. Represents and warrants that it has received a copy of the Agreement; 3.3. Represents and warrants that as of the date hereof that each of the representations and warranties made by Customer in the Agreement to Bank can be made by Program Member without breach on the date hereof; 3.4. Represents and warrants that all financial and other information provided to Bank by or about Program Member is true and correct; 3.5. Agrees to comply with and be bound by the terms and conditions of the Agreement, including any future amendment regardless of whether Program Member has received notice of such amendment; 3.6. Agrees it is liable for its own performance of the terms and conditions of the Agreement (including as it may be amended from time to time) as if Program Member signed the Agreement, including for all obligations incurred by it or by any party issued an Account at its direction, but shall not be liable for any obligations incurred by Customer or any other Program Members; and 3.7. Agrees that it may not assign or transfer its rights under this Joinder or the Agreement without the express consent of Bank. 4. NOTICES. The notice address for Program Member is: City of Waterloo 715 Mulberry St Waterloo, IA 50703 Attn: Finance Dept Page 1 of 3 R..2022 Page 379 of 383 embank CONFIDENTIAL 5. REBATES. Program Member will receive its rebate directly from Bank as set forth in Section 3 (Rebate) and Section 4 (Rebate Tables) of the Agreement. Program Member will be entitled to earn a rebate for the period of time between the date this Joinder is signed by Program Member and the last day of the Rebate Period.' Program Member must meet the minimum rebate requirements as defined in Section 3.1 (Conditions) and the Rebate Requirements Table of the Agreement in order to receive a rebate. Although tiers for Net Standard Charge Volume are established by aggregated spend across the entire Program, File Turn Days Payment Performance rebate tiers are established individually for each Program Member. Program Member agrees and acknowledges that Customer and/or other Program Members may have access to certain transaction data for purposes of calculating rebates under the Agreement. 6. REBATE PAYMENT REGISTRATION. Program Member shall register to receive rebate payments in the manner prescribed by Bank. Bank will not make any rebate payments until Program Member has registered to receive payment. If Program Member fails to register by the completion of a Rebate Period, Program Member forfeits any payment for that Rebate Period. Program Member designates the following person to register Program Member: Rebate Payment Registration a) Authorized Person's Name Bridgett Wood b) Authorized Person's Email Address bridgett.wood@waterloo-ia.org 7. CHANGE OF CONTROL. Program Member shall immediately notify Bank in writing of the occurrence of any event concerning Program Member that (i) would prevent Program Member from making the representations and warranties contained in section 3 at such time or (ii) results in a change of the legal name of such Program Member. Program Member shall promptly provide such additional details as reasonably requested by Bank regarding such event. At the election of Bank, the rights of Program Member to be designated a "Program Member" under the Agreement may be revoked based upon the notification provided by pursuant to section 7(i) and this Joinder shall terminate. 8. BREACH; CONTINUATION. Any breach by Program Member of the terms of this Joinder or of the terms of the Agreement shall be a default under this Joinder permitting Bank to exercise all rights and remedies available under the Agreement based upon such default. The expiration or termination of the Agreement shall terminate this Joinder, except for such terms as expressly survive per the terms of the Agreement. If the Agreement is extended, this Joinder shall extend to the new amended expiration of the Agreement. 9. BINDING AGREEMENT; PRIOR AGREEMENT. The representations, warranties and covenants of Program Member in this Joinder constitute valid, binding and enforceable agreements of Program Member. The execution of this Joinder and the performance of the obligations hereunder are within the power of Program Member, have been authorized by all necessary action and do not constitute a breach of any agreement to which Program Member is a party or is bound. Program Member represents and warrants that this transaction is within the scope of the normal course of business and does not require further authorization for Program Member to be duly bound by this Joinder. A breach of the terms of the Joinder or the Agreement by Program Member shall give rise to the right of Bank to terminate this Joinder and remove Program Member from the Program. The execution of this Joinder shall automatically terminate any prior agreements Program Member has with Bank. 10. RATIFICATION; AMENDMENT. Program Member acknowledges that Bank and Customer may from time to time enter into amendments of the Agreement. No such amendments shall require the consent of Program Member and Program Member shall be bound by the terms contained in any such amendments. Customer, and not Bank, shall have the sole responsibility of informing Program Member of any such amendments. The failure of Customer to so inform Program Member of any amendment shall not provide a defense to Program Member against Bank's enforcement of the Agreement (as amended) or this Joinder against Program Member. 1 Existing Program Member's re-signing on this new Joinder shall have their first Rebate Period begin as of September 1, 2024; provided, such Program Member signs this Joinder by November 1, 2024. Page 2 of 3 R..2022 Page 380 of 383 embank CONFIDENTIAL 11. AUTHORIZATION AND EXECUTION. This Joinder may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. This Joinder may be executed and delivered by the parties electronically, and fully executed electronic versions of this Joinder, or reproductions thereof, will be deemed to be original counterparts. The signer(s) represents and warrants that (i) they are authorized by an applicable bylaw, article or other corporate authority to enter into all transactions contemplated by this Joinder, and (ii) the signatures appearing on all supporting documents of authority are authentic. PROGRAM MEMBER BANK DATE: DATE: City of Watelroo U.S. Bank National Association Legal Name of Program Member (Signature of Authorized Individual) Quentin Hart (Printed Name of Authorized Individual) Mayor (Printed Title of Authorized Individual) Page 3 of 3 R..2022 Page 381 of 383 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE September 16, 2024 AGENDA ITEM TITLE Resolution of the City of Waterloo, Iowa, authorizing official banking signatures. 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. Resolution Authorizing Official Banking Signatures - 2024-XX Page 382 of 383 RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY OF WATERLOO, IOWA AUTHORIZING OFFICIAL BANKING SIGNATURES. WHEREAS, accounts have been established in the name of the City of Waterloo, Iowa with Bank Iowa of Waterloo, IA, Community Bank & Trust of Waterloo, IA, Farmers State Bank of Waterloo, IA, First Security State Bank of Evansdale, IA, Great Western Bank of Waterloo, IA, Iowa Public Agency Investment Trust of Des Moines, IA, Trust Lincoln Savings Bank of Waterloo, IA, Heartland B & T of Waterloo, IA, Public Employees Credit Union of Waterloo, IA, Regions Bank of Waterloo, IA, Stifel Nicolaus & Company, Inc. of Waterloo, IA, UMB Bank (formerly Bankers Trust) of Des Moines, IA, US Bank of Waterloo, IA, Veridian Credit Union of Waterloo, IA, Wells Fargo Bank, N.A. of Waterloo, IA, wherein may be deposited any of the funds of the City of Waterloo whether represented by cash, check, note, or other evidences of debt, and from which deposit withdrawals may be made in the name of the City of Waterloo, Iowa by duly authorized officials of the city. NOW, THEREFORE, BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO IOWA, AS FOLLOWS: Section 1. Powers Granted: That the City Council of the City of Waterloo, Iowa hereby grants the officials named below the authority to sign on the City of Waterloo's financial accounts. Quentin Hart, Mayor Bridgett Wood, Finance Director Doug Anderson, Clerk II Ryan Stuber, Clerk II Kelley Felchle, City Clerk Kim Bahr, Assistant Finance Director Emily Graham, Financial Analyst Brent Bohlen, Financial Analyst Carrie Jackson, Waterloo Convention Center Manager Section 2. That the City Council of the City of Waterloo, Iowa hereby grants the officials of the Waterloo Police Department named below the authority to sign only on the account designated as the Waterloo Police Department Property Account at Farmers State Bank. Greg Fangman Kelsey Gifford Ruth Muller Michelle Boesen Section 3. Accounts Payable and Payroll Checks: That the Mayor and the Financial Analysts names shall appear on accounts payable checks and payroll checks. Section 4. Previously Adopted Resolutions: Any resolution previously adopted by the City Council of the City of Waterloo, Iowa establishing authorized signers on the City of Waterloo's financial accounts is hereby rescinded. PASSED AND ADOPTED this 16th day of September 2024. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 383 of 383