Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Packet - 10/5/2020
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 5, 2020 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presiders discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate) and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one(1)time per item for a maximum of three(3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem)discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one(1)time for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one(1) issue per meeting for a maximum of three(3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 140 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Mayor Quentin Hart Agenda, as proposed or amended. Minutes of September 28, 2020, Regular Session, and the Special Sessions of September 30, 2020 and October 2, 2020, as proposed. Proclamation declaring October 6, 2020 as National Night Out. Proclamation declaring October 4-10, 2020 as Fire Prevention Week. ORAL PRESENTATIONS 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. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 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 request of Chad Wagner for a waiver for a concrete driveway located at 1345 Jersey Lane, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 3. Resolution approving request of Elizabeth Kunkle for a waiver for a concrete driveway located at 322 Martin Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 4. Resolution approving the request of Cecile Bedor for tax exemptions on the construction of a new 47-unit multi-family building valued at $7,169,175, for property located at 1009 S Hackett Road, and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving the request of Nathan Walter for tax exemptions on the Page 2 of 140 construction of a new single family home valued at $350,000, for property located at 122 Ogden Avenue, and located in the Consolidated Urban Revitalization Area (C U RA). Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving the request of Jason and Liza Arenholz for tax exemptions on the construction of a new single family home valued at $312,253, for property located at 1823 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving the request of Andrew Richter for tax exemptions on the construction of a new single family home valued at $360,000, for property located at 1820 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving the request of David and Donna Morrow for tax exemptions on the construction of a new single family home valued at $362,000, for property located at 5487 Washington Street, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving the request of Amy Nading for tax exemptions on the construction of a new single duplex unit valued at$171,900, for property located at 832 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution approving award of bid to Cahoy Pump Service, Inc., of Sumner, Iowa, in the amount of $238,515, approving the contract, bonds and certificate of insurance, in conjunction with the FY 2020 Final Clarifier No.3 Dewatering Wells Project, Contract No. 1032, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Hosford, Collections Systems Project Director 11. Resolution approving award of bid to Midwest Concrete, Inc., of Peosta, Iowa, in the amount of $398,757.05, approving the contract, bonds and certificate of insurance in conjunction with the FY 2021 Sidewalk Repair Assessment Program - Zone 10, Contract No. 1018, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Rusty Zey, Randy Shepard, Troy Deeds, Chris Preston; Airport Ops/ARFF Personnel Class/Meeting:Annual Wildlife Training Destination: Waterloo Regional Airport Dates: TBD in October 2020 Amount not to exceed: $500 1. LIQUOR LICENSES Page 3 of 140 a. Aldi #33, 1918 Schukei Rd. Class: B Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 11/3/2021 b. Casey's 218 Pub, 4010-4018 University Ave. Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 9/30/2021 C. Damon's Sports Bar& Grill, 2122 Kimball Ave. Class: C Liquor Renewal Application Includes Sunday Expiration Date: 10/4/2021 d. Karma Bar, 309 W. 4th St. Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 10/14/2021 e. Petersen & Tietz Florists & Greenhouses, Inc., 2275 Independence Ave. Class: B Native Wine Renewal Application Includes Sunday Expiration Date: 10/8/2021 2. Motion approving request of Central Property Holdings, LLC for an extension to repair sidewalks at 200 block of Franklin Street (PIN 8913-24-308-085) (CN 215) and 200 block of Walnut Street (PIN 8913-23-431-010) (CN 424). Submitted By: Wayne Castle, PLS, PE, Associate Engineer 3. Bonds. PUBLIC HEARINGS 2. Reallocation of Unspent Proceeds of the General Obligation Bonds, Series 2018B, in an amount not to exceed $250,000. 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 instituting proceedings to take additional action and approving the reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2018B, of the City of Waterloo, Iowa. Submitted By: Michelle Weidner, Chief Financial Officer RESOLUTIONS 3. Resolution ordering the Waterloo Police Department to develop a new insignia, and rescinding Resolution No. 2020-624. Submitted By: Sharon Juon, At Large Council member Page 4 of 140 4. Resolution approving acceptance of a Staffing for Adequate Fire and Emergency Response (SAFER) Grant Award, in the amount of $1,010,772, to hire four (4) additional firefighters, and authorizing the Fire Chief to sign and accept grant. Submitted By: Pat Treloar, Fire Chief 5. Resolution approving the Grade Crossing Surface Repair Fund Force Account Agreement with the Iowa Department of Transportation, Chicago Central and Pacific Railroad, in conjunction with the Burton Avenue Railroad Crossing Surface Repair Project, with the City's share being twenty-percent of the total project cost, which is to be determined, and authorizing the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. Resolution to consent and agree to the assignment and transfer of City Contracts with Ament Inc., to Willet Hoffman Inc., who has purchased Ament Inc., and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 7. Resolution approving an Amendment to the Contract with Tyson Fresh Meats, Inc., of Waterloo, Iowa, and the Iowa Economic Development Authority, originally executed November 6, 2017, for High Quality Jobs Prograrn-Tax Credit Component Incentives, to extend the project completion date, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director ORDINANCES 8. Codification of the City of Waterloo Traffic Code of Ordinances. Motion to receive, file, consider, and pass for the third time and adopt an ordinance codifying the City of Waterloo Traffic Code of Ordinances. Submitted By: Kelley Felchle, City Clerk 9. An ordinance amending the City of Waterloo Traffic Code by adding section 580C, No Parking Both Sides 5:00 p.m. to 8:30 p.m., Wednesdays: 400 block of Janney Avenue. Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Traffic Code by adding Section 580C, No Parking Both Sides 5:00 p.m. to 8:30 p.m., Wednesdays - when signs are erected in each block, or portion thereof, giving notice, no person shall park a vehicle at any time on Wednesdays from 5:00 p.m. to 8:30 p.m. within the district and upon any of the streets or portions thereof as named herein: both sides of the 400 block of Janney Avenue. Motion to suspend the rules. Motions to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director 10. An ordinance amending the City of Waterloo Traffic Code by adding a new Section 553B, No Parking Here To Corner Wednesdays Both Sides 5:00 p.m. to 8:30 p.m., both sides of the 400 block of Janney Avenue. Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Traffic Code by adding a new Section 5538, No Parking Here To Page 5 of 140 Corner Wednesdays Both Sides 5:00 p.m. to 8:30 p.m., both sides of the 400 block of Janney Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:10 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Waterloo Police Department on the notice of conclusion of employment of Robert Michael, Police Officer, effective September 16, 2020, with recommendation of approval of payout of$43,012.88 for unused benefits. 2. Communication from the Waterloo Police Department on the notice of conclusion of employment of Andrew Sears, Police Officer, effective September 17, 2020 with recommendation of approval of payout of$16,306.85 for unused benefits. Page 6 of 140 CITY OF WATERLOO Council Communication Minutes of September 28, 2020, Regular Session, and the Special Sessions of September 30, 2020 and October 2, 2020, as proposed. City Council Meeting: 10/5/2020 Prepared: ATTACHMENTS: Description Type ❑ Minutes of 9.28.2020 Backup Material ❑ Minutes of Special Meeting 9.30.2020 Backup Material ❑ Minutes of Special Meeting 10.2.2020 Backup Material Submitted by: Submitted By: Page 7 of 140 September 28, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, September 28, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Morrissey, Klein, Feuss, Juon joined the meeting by telephone. Absent: Amos and Grieder Prayer or Moment of Silence. Pledge of Allegiance: Martin Petersen, City Attorney 159129 - Juon/Feuss that the Agenda, as amended, to correct the bid amount in Item 3, Public Hearings, to $63,561.57, and deleting Item 14, for the Regular Session on Monday, September 28, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Five. Motion carried. 159130 - Juon/Feuss that the Minutes, as proposed, for the Regular Session on Monday, September 21, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Five. Motion carried. Donation and First Responder print presentation by the Waterloo Community Foundation. ORAL PRESENTATIONS Forest Dillavou, 1725 Huntington Road, commented that he still has some 657A homes on his list. These include 811 Williston and 921 W. 2nd Street. He stated that it would be good for the homes to be addressed as they are dangers to the community. Noel Anderson, Community Planning and Development Director, explained that 811 Williston has been determined to be a RACEM demo and that specs and bid documents will go out very soon. He will need to check on the status of 921 W. 2nd Street, before commenting, but he will send staff out to re-secure the building. Mayor Hart requested an explanation of what RACEM stands for. Noel Anderson explained that it means that the building is in such a state of disrepair that asbestos cannot be removed safely, so it is asbestos contained material demolition. The number of bidders may be limited to those that have both asbestos and demolition capabilities, but it does not necessarily mean it would be more expensive. Mr. Morrissey commented that he hopes that the city council would have a discussion on municipal gun control. He would hope that Waterloo would take the lead on limiting the types of guns in our community. Mrs. Juon commented that the Cedar Valley Book Read will occur every Thursday in October about the book"How to Be an Anti-Racist." Panelists will speak on Thursdays and encourage everyone to participate. Mr. Boesen asked for an update on the grand opening of the skate park. Paul Huting, Leisure Services Director, invited the community to attend the 5:00 p.m. ribbon cutting for the new Skate Park on Thursday. Mayor Hart commented that the deadline for the census has been extended until October 30, 2020 and encouraged everyone to complete the census. 159131 - Juon/Feuss that the above oral comments be received and placed on file. Voice vote-Ayes: Five. Motion carried. CONSENT AGENDA 159132 - Juon/Feuss Page 8 of 140 September 28, 2020 Page 2 that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated September 28, 2020, in the amount of$4,935,118.46, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-725. 2. Resolution approving the UCR Technical Specification Sub-award Agreement with the Iowa Department of Public Safety, in the amount of$500, to assist in updating the UCR records reporting system for the Police Department, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-726. 3. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Spohn Ranch, Inc., of Los Angeles, California, at a total cost of $358,977, in conjunction with the Riverside Skate Park Project. Resolution adopted and upon approval by Mayor assigned No. 2020-727. 4. Resolution approving request to certify assessment to 215 Oneida Street, in the amount of $1,350, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Resolution adopted and upon approval by Mayor assigned No. 2020-728. 5. Resolution approving the Annual Financial Report for City Streets, for the fiscal year ended June 30, 2020, and authorizing transmittal to the Iowa Department of Transportation. Resolution adopted and upon approval by Mayor assigned No. 2020-729. 6. Resolution approving request of Radoslav Srijemac for a waiver for a concrete driveway, located at 3116 Franklin Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2020-730. 7. Resolution approving request of Suad Murgic for a waiver for a concrete driveway, located at 1645 Easton Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2020-731. b. Motion to approve the following: 1• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Dollar General Store#20584, B Wine / C Beer Renewal 10/25/2021 x 1650 Idaho Street b. Hy-Vee Wine & Spirits#1, B Wine /C Beer/E Renewal 11/14/2021 x 2126 Kimball Avenue Liquor c. Jameson's Public House, C Liquor w/Outdoor Renewal 11/2/2021 x 310 E. 4th Street Service and Catering d. Logan Ave Convenience Store, B Wine/C Beer/E Renewal 11/28/2020 x 735 Logan Avenue Liquor Page 9 of 140 September 28, 2020 Page 3 3. Motion approving Change Order No. 3 from Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$46,620, in conjunction with the FY 2020 Newell Street RISE Project, Contract No. 991, and authorizing the Mayor and City Clerk to execute said document. 3. Motion approving Change Order No. 3 from Aspro, Inc., of Waterloo, Iowa, for a net increase of $31,137.44, in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, and authorizing the Mayor and City Clerk to execute said document. 3. Motion to receive and place on file the 2019 Operating Report of the Waterloo Water Works. Roll call vote-Ayes: Five. Motion carried. PUBLIC HEARINGS 159133 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2021 Sidewalk Repair Assessment Program-Zone 10, Contract No. 1018, as published in the Waterloo Courier on September 18, 2020,be received and placed on file. Voice vote-Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Patricia Jackson, 105 Lincoln Street, commented that she has concerns about the notice she received regarding her sidewalk. Anthony Ehrhardt, 518 E. 2nd Street, commented that he was not able to get anyone to come look at his property due to COVID and requested an extension to have time to repair the sidewalk. Robert Welch, Tri-County Head Start, 205 Adam Street, commented that he also received a letter regarding his sidewalk. James Lee, 515 Lime Street Boys and Girls Club, requested an extension to repair their sidewalk. Gerald Robinson, 158 Argyle and 108 Argyle, commented that he thinks that these are tremendously expensive and asked why additional help cannot be found to help pay for the repairs and many people cannot afford to pay. Heather Robinson, 108 Argyle, questioned why the people are on the street have to pay for repairing the sidewalk when they pay taxes to the city. She stated that she does not own the sidewalk and does not see people using the sidewalk. Jamie Knutson, City Engineer, explained that the city ordinance requires property owners to maintain sidewalks. He stated that the program has been in existence for thirty years and added that inspections have started to occur in the fall as opposed to spring, to allow additional time for property owners to make the repairs. 159134 - Morrissey/Feuss that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159135 - Morrissey/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Five. Motion carried. Mr. Morrissey commented that he would like the City Attorney to write an amendment to change the ordinance as there are numerous people who cannot afford the ordinance. He would like the city to pick up the cost of repairs as needed, and requested a work session on having mud jacking as an option to repair concrete. Mr. Boesen commented that as a homeowner we are responsible for shoveling our sidewalks. It also protects the homeowner from liability if someone trips and falls on the homeowner. Page 10 of 140 September 28, 2020 Page 4 Resolution adopted and upon approval by Mayor assigned No. 2020-732. 159136 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids and refer bids to City Engineer for review. Estimate: $653,915.47 Bidder Bid Security Bid Amount Midwest Concrete Inc. 5% $398,757.05 Peosta, IA Minturn, Inc., 5% $624,740.40 Brooklyn, IA Tricon Construction Group 5% $743,218.35 Dubuque, IA Brock Even Construction, LLC 5% $499,922.04 Jesup, IA Voice vote-Ayes: Five. Motion carried. 159137 - Morrissey/Feuss that proof of publication of notice of public hearing on the purchase of 2020 Iry Warren Memorial Golf Course Irrigation Control System Updates, as published in the Waterloo Courier on September 18, 2020,be received and placed on file. Voice vote-Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159138 - Morrissey/Feuss that the hearing be closed. Voice vote-Ayes: Five. Motion carried. 159139 - Morrissey/Feuss that "Resolution confirming approval of specifications, bid documents, etc., and authorizing to proceed",be adopted. Roll-call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-733. 159140 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids. Estimate: $65,000 Bidder Bid Amount Spartan Distributors Sparta, MI $83,109 MTI Distributing Brooklyn Center, MN $63,561.57 Reinders, Inc. $106,212 Buffalo Grove, IL Voice vote-Ayes: Five. Motion carried. 159141 - Morrissey/Feuss that"Resolution awarding bid to MTI Distributing,Inc.,of Brooklyn Center,Minnesota,in the amount of$63,569.57",be adopted. Roll-call vote-Ayes: Five. Motion carried. Page 11 of 140 September 28, 2020 Page 5 Resolution adopted and upon approval by Mayor assigned No. 2020-734. 159142 - Feuss/Morrissey that proof of publication of notice of public hearing on the sale and conveyance of city owned property located at 120 Center Street, in the amount of$1.00, to Perfect Match Properties, LLC, including a Development and Minimum Assessment Agreement, for the development of a 7,280 square-foot building, as published in the Waterloo Courier on September 18, 2020,be received and placed on file. Voice vote-Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Forest Dillavou, 1725 Huntington Road,requested clarification if the developer gets to take possession of the property as soon as they pay $1.00. Noel Anderson, Community Planning and Development Director, explained that under the terms of the agreement, the city will demolish the building and check for additional environmental concerns before turning the property over to the developer. Mayor Hart questioned the benefits to the city. Noel Anderson explained that the property was acquired through the 657A process so the city is clearing blight, making the area safer for the neighborhood and that additional redevelopment in the area is being seen. 159143 - Feuss/Morrissey that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Five. Motion carried. 159144 - Feuss/Morrissey that "Resolution authorizing the sale and conveyance of city owned property located at 120 Center Street, to Perfect Match Properties, LLC, in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said documents",be adopted. Roll-call vote-Ayes: Five. Motion carried. Mr. Boesen questioned if this is an open-ended remediation effort due to yet unknown environmental concerns. Noel Anderson confirmed. Mr. Boesen clarified that the city is covering the cost of environmental remediation prior to the developer taking possession of the property. Noel Anderson confirmed and that he remains hopeful the cost will be covered by the grant. Mr. Morrissey questioned how long the business has been empty. Noel Anderson commented that the city has been working on developing the area since 2003 or 2004. Resolution adopted and upon approval by Mayor assigned No. 2020-735. 159145 - Feuss/Morrissey that"Resolution approving a Development and Minimum Assessment Agreement,with Perfect Match Properties, LLC, for the development of a 7,280 square-foot building, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-736. RESOLUTIONS Page 12 of 140 September 28, 2020 Page 6 159146 - Klein/Boesen that "Resolution approving FY 2021 Grant Agreement with the Iowa Department of Transportation Aviation Bureau Commercial Service Vertical Infrastructure Program, Contract No. 22634, Project No. 9-I-210-ALO-200, in the amount of$67,090, for additional Waterloo Regional Airport Hangar Improvements,and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-737. 159147 - Klein/Boesen that"Resolution accepting a Quit Claim Deed for the sewer lift station property located at 3931 Texas Street, from Black Hawk County, in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-738. 159148 - Klein/Boesen that "Resolution supporting the application by Black Hawk Contracting & Development Co., for the Iowa Workforce Housing Tax Incentives Program, to construct four (4) new single family homes, three (3)homes located on Lots 2, 3 and 4 of Baltimore Field 1st Addition and one (1) on the easterly part of Lot 2 of Crossroads Estates Replat No. 5, as Project Number 17-WHTIP-045, replacing previously approved lots 1,4,5 and 6 of Hillside Addition, with a local match of the City Limits Urban Revitalization Area(CLURA)tax abatement for each property, and rescinding Resolution No. 2019- 145",be adopted. Roll call vote-Ayes: Five. Motion carried. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Tricia Roof, Black Hawk Contracting & Development Co., explained the State gives investment tax credit and sales tax rebates to contractors,which allows homes to be built at a lower cost and value for low-income families to purchase the homes. She explained that discrepancies with the deadline to complete the project has resulted in the request for change. Mr. Boesen questioned if this is time sensitive. Noel Anderson explained that it is,based on the state incentives. Mr. Boesen questioned if time sensitive, why it has not come before council earlier so that council would have time to fully review the request. He commented on an agreement from April where the deadline to complete the sidewalk had not been met, and he expressed his concern in entering into another agreement before that project is complete. Noel Anderson commented that the department was recently made aware of the Workforce Housing request from the Roof's who had requested the item be placed on the agenda. He agreed with Mr. Boesen on the unfinished project from April and explained that the city is in contact with the Roof's legal representative on the matter. Tricia Roof commented that the reason the sidewalk is not finished is because there is a Mid-American Energy utility pole in the way and Mid-American would need to work with the city to get it moved. Mr. Boesen commented that the guy wire was there when the project started back in April and no progress has been made since the developer requested pre-payment of infill monies on May 13th. He questioned if it is the city or the contractor's responsibility to work with Mid-America. Noel Anderson explained it is the primary responsibility of the contractor. Mayor Hart questioned how many sidewalks were needing completion. Noel Anderson explained there were several areas of sidewalk needed, some of which have now been completed. Page 13 of 140 September 28, 2020 Page 7 Mayor Hart commented that he will take some responsibility and reach out to Mid-American Energy. Tricia Roof commented that if this is not approved then they would lose all of their tax credits and rebates. Resolution adopted and upon approval by Mayor assigned No. 2020-739. 159149 - Boesen/Klein that "Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties, LLC, originally executed April 27, 2020, adjusting the timeline for redevelopment of a residential property located at 1332 Walker Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-740. 159150 - Boesen/Klein that "Resolution approving an amendment to the Development Agreement with Goldfinch S&M Properties, LLC, originally executed April 27, 2020, adjusting the timeline for completion of a residential property,located at 1804 E.4th Street,and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-741. 159151 - Boesen/Klein that "Resolution approving a Cooperative Agreement with Black Hawk County, in conjunction with construction of the Shaulis Road Trail Extension Phase II Project, and authorizing the Mayor to execute said document,be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-742. 159152 - Boesen/Klein that"Resolution approving a Memorandum of Understanding for Recreational Trail Maintenance with Black Hawk County Conservation, in conjunction with the Shaulis Road Trail Extension Phase II Project, and authorizing the Mayor to execute said document",be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-743. 159153 - Boesen/Klein that"Resolution approving construction plans for sanitary sewer, storm sewer and paving serving the Audubon Heights 7th Addition, as submitted by Wayne Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, and 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", be adopted. Roll call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-744. ORDINANCES 159154 - Feuss/Morrissey that"an ordinance adopting the 2020 Traffic Code of the City of Waterloo, Iowa",be received,placed on file, considered and passed for the second time. Roll call vote-Ayes: Five. Motion carried. Rules could not be suspended due to the lack of council members. 159155 - Morrissey/Feuss Page 14 of 140 September 28, 2020 Page 8 that "an ordinance amending the City of Waterloo Traffic Code by adding section 580C, No Parking Both Sides 5:00 p.m. to 8:30 p.m.,Wednesdays: 400 block of Janney Avenue",be received,placed on file, considered and passed for the first time. Julie Wentz, 405 Janney, questioned the change and explained that this will prevent her from having guests as there is no other parking available. Sandie Greco, Traffic Superintendent, explained that this was a request from the church to block parking for services during that period. Julie Wentz commented that she bought the house expecting to be able to have people over and now the city is prohibiting that. Sandie Greco commented that she will visit with the church and Ms. Wentz. She added that she did not hear from any other neighbors. 159156 - Morrissey/Feuss To postpone first reading for one week. Voice vote: Ayes: Five. Motion carried. ADJOURNMENT 159157 - KleinBoesen that the Council adjourn at 6:46 p.m. Voice vote-Ayes: Five. Motion carried. Kelley Felchle City Clerk Page 15 of 140 September 30, 2020 The Council of the City of Waterloo, Iowa, met in Special Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 10:30 a.m., on Wednesday, September 30, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Absent: Amos 159158 - Feuss/Grieder that the Agenda, as proposed, for the Special Session on Wednesday, September 30, 2020, at 10:30 a.m.,be accepted and approved. Voice vote-Ayes: Six. Motion carried. 159159 - Morrissey/Boesen Resolution approving Variance to Noise Ordinance request from Marcus Steinhauer, in conjunction with the 4th annual CedarLoo Slam event to be held on Saturday, October 3, 2020, at 1:00 p.m., at Riverside Skate Park, including the use of a PA system. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-745. ADJOURNMENT 159160 - Morrissey/Boesen that the Council adjourn at 10:33 a.m. Voice vote-Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 16 of 140 0 0 PROCLAMATION CITY OF WATERLOO., IOWA WHEREAS, the National Association of Town Watch (NATW) sponsors a national community-building campaign on October 6, 2020, entitled "National Night Out; and WHEREAS, the National Night Out event provides an opportunity for neighbors in Waterloo to join 38 million people in over 16 thousand communities from all 50 states, U.S. territories, Canadian cities, and military bases worldwide; and VAIE.REAS, National Night Out is an annual community-building campaign that promotes police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, better places to live; and WHEREAS, neighbors assist law enforcement through joint community-building efforts and supporting National Night Out 2020; and YlIS, it is essential that all citizens of Waterloo come together with law enforcement and work together to build a safer,better community. NOW, THE ORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby call upon all citizens of the City of Waterloo to join Neighborhood Associations and the National Association of Town Watch in supporting the 37th Annual National Night Out on October 6,2020. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 5f day of October 2020. ATTEST: Kelley Felc e Quentin Hart City Clerk Mayor O O Page 17 of 140 0 0 0 PR� TION CITY Ow WATERLOO, IOWA MI EKAS, the city of Waterloo, IA is committed to ensuring the safety and security of all those living in and visiting Waterloo;and INNEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WREREAS, cooking is the leading cause of home fires in Waterloo and the United States; and VAIEREAS, two of every five home fires start in the kitchen with 31% of these fires resulting from unattended cooking;and WRES, more than half of reported non-fatal home cooking fire injuries occurred when the victims tried to fight the fire themselves; and VAIES, children under five face a higher risk of non-fire burns associated with cooking than being burned in a cooking fire WIIEREAS, Waterloo's residents should stay in the kitchen when frying food on the stovetop, keep a three-foot kid-free zone around cooking areas and keep anything that can catch fire away from stove tops;and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, Waterloo's firefighters are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education;and AREAS, Waterloo's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and SEAS, the 2020 Fire Prevention Week theme- "Serve Up Fire Safety in the Kitchen!!" effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of kitchen fires. NOW, THEORE, I Quentin Hart, of Waterloo do hereby proclaim October 4-10, 2020,as FIS PREADMON MW-XK throughout this state, and I urge all the people of Waterloo by checking their kitchens for fire hazards and using safe cooking practices during Fire Prevention Week 2020, and to support the many public safety activities and efforts of Waterloo's fire and emergency services. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 5th day of October 2020. ATTEST: reyFelchle uentin Hart R♦ Mayor O O O Page 18 of 140 CITY OF WATERLOO Council Communication Resolution approving request of Chad Wagner for a waiver for a concrete driveway located at 1345 Jersey Lane, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 10/5/2020 Prepared: 9/28/2020 ATTACHMENTS: Description Type ❑ DW Waiver 1345 Jersey Ln Backup Material Resolution approving request of Chad Wagner for a waiver for a concrete SUBJECT: driveway located at 1345 Jersey, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-waX on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: 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. Summary Statement: 3.All 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. Legal Descriptions: GUERNSEYS ORANGE VIEW PLAT LOT 3 E 1/2 LOT 4 Page 19 of 140 �r ?� r� y WAIVER Date: o Z J - Honorable Mayor and City Council City Hall Waterloo, IA 54703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a _ driveway or sidewalk located at concrete or asphalt) (Address) This Waiver is needed because of: i 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: L agree to the following: I 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 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has boon removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the offico of the City Engineer. I 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. i 6. This waiver is for this property only. F r Attached herewith is a payment it.theIrount of seven dollars ($7.001 f r the purpose of recording this agreement, Respectfully submitted, printed Name of Pro erty Owner Signature of Pfir�ap6kty Owner CITY OF WATERLOO Council Communication Resolution approving request of Elizabeth Kunkle for a waiver for a concrete driveway located at 322 Martin Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 10/5/2020 Prepared: 9/30/2020 ATTACHMENTS: Description Type ❑ DW Waiver 322 Martin Rd Backup Material Resolution approving request of Elizabeth Kunkle for a waiver for a concrete SUBJECT: driveway located at 322 Martin Road, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. 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 and sidewalk specifications, Section 18, to be located at 322 Martin Road. I have reviewed this request and recommend its approval subject to the following provisions: Surrunary Statement: 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. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Descriptions: PARK VIEW GARDENS W 80 FT LOT 15 Page 21 of 140 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 driveway or sidewalk located at (concrete r asphalt) (Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, 1 aving brick)to be used on the concrete approach. act` elimination of the sidewalk section due to the inability to meet requirements of %�c the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section. X o.� placing a driveway or sidewalk on City right of way on an unimproved street. v+` 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, (51 Printed Name of Property Owner 4Sinure ro y wrier Page 22 of 140 CITY OF WATERLOO Council Communication Resolution approving the request of Cecile Bedor for tax exemptions on the construction of a new 47-unit multi-family building valued at$7,169,175, for property located at 1009 S Hackett Road, and located in the Consolidated Urban Revitalization Area(CURA). City Council Meeting: 10/5/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type ❑ CURA 1009 S Hackett Road Form Backup Material ❑ CURA 1009 S Hackett Road Map Backup Material Resolution approving the request of Cecile Bedor for tax exemptions on the SUBJECT: construction of a new 47-unit multi-family building valued at$7,169,175, for property located at 1009 S Hackett Road, and located in the Consolidated Urban Revitalization Area(CURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area(CURA). Parcel"H" of Plat of Survey recorded Doc. #2007-14334, filed December Legal Descriptions: 27, 2006, and recorded in Doc. 2015-18714, filed May 19, 2015 as part of the Southwest Quarter of Section 21, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. Page 23 of 140 For Office Use Onlyr Date Received: i!/, Received by: Staffto make a fa t ca t CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZP:fION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CUBA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building w'ds previously on the site. if commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located Nvithin the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning& Development Department.) 3, This application must be filed with City prior to the I"working day ofFcbruary following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: Cecile Bedor SIGNATURE: Bedor,Cecile ADDRESS: 1080 Montreal Ave,St.Paul,MN 55116 EMAIL: ceclle_bedorQcommonbond.org TELEPHONE: 651-265-4739 DA'Z'E: 8/26/2020 A. What is the Address ofthe properly being improved? 1008 South Hackett Road,Waterloo, IA 50701 What is the Legal Description ofthe property?(May be available at County Recorder's Office on 2nd floor or the Courthouse)? Parcel"H"of Plat of Survey recorded in Doc,#2007-14334,filed December 27,2006,and recorded in Doc.#2015-48714,filed May 19,2015 as part of the Southwest Quarter of Section 21,Township 89 North,Range 13 West of the 5th P.M.,Blackhawk County,Iowa. B. Indicate desired exemption schedule:(1 or 2) 1. One hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. -;rA partial exemption on the actual value added by improvements according to the following schedule: a. First Year---------80% d. Fourth Year-------50% g. Seventh Year-----30% b. Second Year------70% e. Fifth Year--------40% h. Eighth Year--------30% c. Third Year-------60% f. Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year--------20°% C. What was the nature of the improvement(s)? Now construction of a 47-unit,mixed income,multi-family building. D. If this is not a single-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes . V -No DO NOT Write Below this line—Office Use Only E, City of Waterloo Building and Inspections Department Information: PertnitNumber: Date permit was issued: Total permit(s)valuation: —i 1 F. What was the cost of the improvement? { i G. Estimated or actual date ofcompletion of these improvements? 1`1 l5)botD 11 Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUN'T'Y ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 24 of 140 L�UPTON AVE r AMON �LT--` 9 _ k, ~ — m COACHMAN DR J .;.. b -kA - _ J _ . LU rn 1 ^ r rr T r a F Gf� F . 4 r '`Y I6 a 6. —. -- r ��/ ��' � •� t" f \ F ` / w , m m s i 6 it , Al 0 0t Y m k - co CZ , '— SAGERAVE� W r� n r. f 5c') r z r r Lu 5— CITY OF WATERLOO Council Communication Resolution approving the request of Nathan Walter for tax exemptions on the construction of a new single family home valued at$350,000, for property located at 122 Ogden Avenue, and located in the Consolidated Urban Revitalization Area(LURA). City Council Meeting: 10/5/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type ❑ CURA 122 Ogden Avenue Form Backup Material ❑ CURA 122 Ogden Avenue Map Backup Material Resolution approving the request of Nathan Walter for tax exemptions on the SUBJECT: construction of a new single family home valued at$350,000, for property located at 122 Ogden Avenue, and located in the Consolidated Urban Revitalization Area(CURA) Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area(CURA). Legal Descriptions: Maywood Third Addition Lot 63 Page 26 of 140 For Office Use Only + Date Received:(�1 3, r � f Received by:. Staffta make a cap r applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR Il"RO'VEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREAPLAN ADOPTBD BY THE CITY COUNCIL OF THE CITY OF WATERLOO.' The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: I. At least a 10%improvement to the value of the,residential property. At least a 1591a improvement to the value of commercial property if a building was previously an the site. If commercial property was previously vacant all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning& Development Department.)' 3. This application must be filed with City prior to the 152 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 fled upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City C imc'I. NAME: /Jays- OU4 I SfGNATUIZE: ADDRIESS: Oqdew fiue- t/'l00 ") .. 3 TELEPHONE: f S 7 DATE: _/J r y A. What is the Address of the property being improved? I�a o qd y? Ave L✓LL ��� �( �Q What is e Legal Description o the property?(M be avails I t C unty Recorder's Office on 2nd floor of the Courthouse)? 3 B. Indicate desired exemption schedule:(I or 2) 1. One Hundred Percent(100°/x)exemption for three years on the actual value added by improvements; 2. -3CA partial oxemption an the actual value added by improvements according to the following schedule: a. First Year----------80% d. Fourth Year------50% g. Seventh Year----30% b. Second Year------70% P. Fifth Year---------40% . h. Eighth Year------30% c. ThirdYear----—---60% f. Sixth Year---------40% i. Ninth Year--------20% j. TenthYeat'---------20% C. What was the nature of the improvement(s)? IL,�u7 hon-r� c.o�,s7�-uC�a`i D. If this is not a single-family dwelling unit,which you own and reside in,will those improvements create a displacement of your tenants? Yes No _DO NOT Write Below this line---Office Use Only E. City of Waterloo Building and Inspections Department Information: FermitNumber: ZZle Date permit was issued: b f� Total permit(s)valuation: 17G� F. What was the cost of the improvement? -3 r 0 CZ) G. Estimated or actual date of completion of these improvements? Z Q Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RBSOLUTIONNO: DENIED BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 27 of 140 W Q - Z - W r•t. ANN ST 8 Hpk! ) ! t FULTON ST _ > 3+C ! Lu .. Q a 7 k e� •k r L r i Z ANDOTTE ST— (9 frr i� �I a - m -, Cap- 't n' N OSAGEAVE r r 3 �t rn ILI 46 wL 2t} i <. is�/��1 �'�; �• Page 28 of 140 CITY OF WATERLOO Council Communication Resolution approving the request of Jason and Liza Arenholz for tax exemptions on the construction of a new single family home valued at$312,253, for property located at 1823 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 10/5/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type ❑ CLURA 1823 Waxwing Way Form Backup Material ❑ CLURA 1823 Waxwing Way Map Backup Material Resolution approving the request of Jason and Liza Arenholz for tax SUBJECT: exemptions on the construction of a new single family home valued at $312,253, for property located at 1823 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: 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. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Audubon Heights 6th Addition Lot 67, Waterloo Iowa, Black Hawk County Page 29 of 140 CITY LIMITS URBAN REVITALIZATION APPLICA E G E O v E FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF QNE6ftr FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CIT S A / 20 REVITALIZATION AREA PLAN ADOPTED BY THE CITY CO I F THE CITY OF WATERLOO, The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly dwellings(single family homes or duplex/twin homes)that 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. This application must be filed with City prior to the l I working day of FebruaU following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. r � NAME: ` Rs 0 Jt }!vr Z 4en&le-SIGNATURE: ADDRESS: l�.`Z- W `� �< (f t f I fJ w�, rt S r7 TELEPHONE, 1 YO "YY DATE: l �� A. What is the Address of the property being improved? ax What is the..Legal Description of the property?(May be available at County Recorder's Office on 2nd floor of the Courthouse) B. What vms the nature of the improvemen(s)?(must be single family homes or duplex/twin homes to qualify) M t C. City of Waterloo Building and Inspections Department Information: Permit Number: go Date permit was issued: O 1 Total permit(s)valuation: a 0 D� D. What was the cost of the new constriction? 5 1 a i a 3 E. Estimated or actual date of completion of this new construction? f j i Za CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTYASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk Comity Assessor's Office for criteria eligibility. Page 30 of 140 I �q. PALOMA PL R s. —TETON DR �a`q e• r owl CRABAPPLE LN 41 f ING.WAY—, t- �y PARTRIDGE LN— ' WILLIAM DR - � � W SHAULIS RD iPOMP { f j Page 31 of 140 ` '. CITY OF WATERLOO Council Communication Resolution approving the request of Andrew Richter for tax exemptions on the construction of a new single family home valued at$360,000, for property located at 1820 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 10/5/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type ❑ CLURA 1820 Waxwing Way Form Backup Material ❑ CLURA 1820 Waxing Way Map Backup Material Resolution approving the request of Andrew Richter for tax exemptions on SUBJECT: the construction of a new single family home valued at$360,000, for property located at 1820 Waxwing Way, and located in the City Limits Urban Revitalization Area(CLURA Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: 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. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Legal Descriptions: Audubon Heights 6th Addition Lot 63, Waterloo Iowa, Black Hawk County Page 32 of 140 LS � LS � V CITY LIMITS URBAN REVITALIZATION APPLICATION D FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW E TIER 1 4 FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIM AN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL WATERLOO. The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two family dwellings(single family homes or duplex/twin homes)that meet the following criteria: L Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&Development Department.) 2. This application must be filed with City prior to the I a working day of Februarx 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. PIease fill out the following information for your application to be submitted to the City Council. _ D NAME: SIGNATURE: ....Lk ADDRESS: $2 Wux W TELEPHONE: 3l°l-2 l -$0 b� DATE: 9-t y -Z OLC) A. What is the Address of the property being improved? D �J�Q 'W 1NG4 ,z . v�oo What is the Legal Description of the property?(May be available at County Recorder's Office on 2"d floor of the Courthouse) �^ B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) 1 t cv-t fit✓c 1i C. City of Waterloo Building and Inspections Department Information: Permit Number: (11 — Date permit was issued: l C Total pertnit(S)Wiluation: (3 1 n U D. What was the cost of the new construction$ ?j LQ 0 b 0(/ E. Estimated or actual date of completion of this new constniction? I LA, 2, o CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 33 of 140 lob ANN i 7 IG CRABAPPLE LN O � s. �I®1€ •<<'� � GOOD o, GO - �— -WAXWING WAY f0 PARTRIDGE LN ' m`+" j♦ JL— W SHAULIS RD Page 34 of 140 tn�n CITY OF WATERLOO Council Communication Resolution approving the request of David and Donna Morrow for tax exemptions on the construction of a new single family home valued at$362,000, for property located at 5487 Washington Street, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 10/5/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type ❑ CLURA 5487 Washington Street Form Cover Memo ❑ CLURA 5487 Washington Street Map Backup Material Resolution approving the request of David and Donna Morrow for tax SUBJECT: exemptions on the construction of a new single family home valued at $362,000, for property located at 5487 Washington Street, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: 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. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Parcel"G" of Plat of Survey Doc. #2018-8482 filed November 14, 2017, Legal Descriptions: being part of the Northwest Quarter of Section 18, Township 88 North, Range 12 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. Page 35 of 140 CITY LIMITS URBAN RE VITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NE1V ONE ORTWO G FAMILYDNVELLINGS UNDER THE PROVISIONS OF THE CITYLIMITS URBAN J ' REVITALIZATION ARRA PLAN ADOPTED I3Y THE CITY COUNCIL OF THE CITYOIC WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption for newly constructed one or two family dwellings(single family homes or duplex/twin Jtomes only)that meet the following criteria: 1. Be,located within the CLURA boundaries(a neap of which can be obtained I oin Clio City of Waterloo Conummnity Planning &Development Department.) 2. This application must be filed with City prior to the V ryorkbig 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. Hoivevei,a single application may be filed upon completion of an entire project requirhtg more than one year to consinict or complete, providing prior approval has been granted by the City Council or Comity Board of Supervisors. Please fill out the following information for your application to be submitted to the City 11110-1. Projects started prior to the adoption date of July 18,2011 do not qualify, NAME: 0t, -00, PLL a M 0-g,?(.)W SIGNATURE; L� etAM060-i L. � `` II ti ADDRESS: rs-aLQV. --V—' (A P77-u EMAIL: CriSrA �.�rauJ�cl:tind, : Co ►� TELEPHONE: _ r 2 F'_ �`3 DATE: Au(4 �&2-6 A. jVha#isthellcldiessofthe property being finproved? sfZt a 1Vhat is the Legal Descriplion of the property?.� (`May be available at County Recorders Off ee�on 2`❑d floor of the Courthouse) !V (> t L ce t� /U lXJ #�� tic' t�l d ra i J I ' B. 1Vhat wars the nature of the improvement(s)?(must be single family homcs or duplex/twin homes to qualify) f Y C. City of•Waterloo Building and Inspections Department Information: permit Nmnibei:20 d�b o06�1 spate penult was issued: 3 Total permits)valuation_YJ : D. What was the cost of the new construction? �(��•u)o E. Estimated or acttial date of completion of tfiis new construction? O c, APPROVED DATED: RESOLU'.CIONNO: DENIED BLACK HAWK COUNTYASSESSOR APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Note; City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 36 of 140 x• v - m p a 218 CITY OF WATERLOO Council Communication Resolution approving the request of Amy Nading for tax exemptions on the construction of a new single duplex unit valued at$171,900, for property located at 832 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 10/5/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type ❑ CLURA 832 Grindstone Circle Form Backup Material ❑ CLURA 832 Grindstone Circle Map Backup Material Resolution approving the request of Amy Nading for tax exemptions on the SUBJECT: construction of a new single duplex unit valued at$171,900, for property located at 832 Grindstone Circle, and located in the City Limits Urban Revitalization Area(CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: 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. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Unit 832 and the undivided interest in the common elements appurtenant to said unit, in Prairie Meadow Estates,A Condominium, recorded in Doc. #2017-11285 on December 16, 2016, as amended by First Amendment in Doc. 2017-13976 recorded February 3, 2017, as amended by Second Legal Descriptions: Amendment in Doc. #2019-2874 recorded August 20, 2018, as amended by Third Amendment in Doc. #2020-1458 filed July 24, 2019, as amended by Fourth Amendment in Doc. 2020-17423 filed April 9, 2020 and as amended by Fifth Amendment in Doc. #2021-1251 filed July 17, 2020 and being laid out on Lots 1 through 7 and Lot A in Prairie Meadow Estates Addition, Waterloo, Black Hawk County, Iowa. Page 38 of 140 For OfficeUseOnly Date Received: L 21—2a Received by:. Staff to makc a copy fa applicant CITY LIMITS TURBAN REVITALIZAI['ION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL,OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that 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. This application must be filed with City prior to the I"working clay of 1=cbruary following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fil l out the following information for your application to be submitted to the City Council.Projects started prior to the adoption date of.luly 18,2011 do not qualify. NAME: Amy N<Adinq SIGNATURE: ADDRESS: Circle Re, (o Wnler$oo,'2A Epic)) TELEPHONE: (31 — U DATE: 7 cif o Q A. What is the Address of the property being improved? S3D GrI nd }vile_ Q 1 rcle WCLAerick,,TA S-0"7C>D. What is the Legal Description of the property?(May be available at County Recorder's Office on 2"d floor of the Courthouse) Pcn'ir t e Meadow s A Q030PrQpowd Units, -LQM �C B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) N e W Cg1c)-iron C. City of Waterloo Building and Inspections Department Information: Permit Number: Date permit was issued: ZO Total permit(s)valuation: iQ4LLLL D. What was the cost of the new construction?.-$171 . 9 dQ E. Estimated or actual date of completion of this new construction? ?/'7/ a 0--;Z 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. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: _ T.J.Koenigsfeld Page 39 of 140 1F. 4 KLATT LAW FIRM KI_ ATT, AUGUSTINE , TREINEN & RASTEDE, P.C. 531 Commercial Street,Ste.250,Waterloo,IA 507011 p.319.232.33041 f.319.232.3639 I klatt-law.vorn July 31, 2020 No.20-03464 204726 GreenState Credit Union 2355 Landon Road P.O. Box 800 North Liberty, IA 52317 Re: Amy E.Nading 832 Grindstone Circle, Waterloo,IA 50702 Dear Sir or Madam: We have examined the Abstract of Title to the following described real estate: Unit 832 and the undivided interest in the common elements appurtenant to said unit, in Prairie Meadow Estates, A Condominium, recorded in Doc. #2017-11285 on December 16,2016,as amended by First Amendment in Doc. #2017-13976 recorded February 3,2017, as amended by Second Amendment in Doc. #2019-2874 recorded August 20,2018,as amended by Third Amendment in Doc.#2020-1458 filed July 24, 2019,as amended by Fourth Amendment in Doc.02020-17423 filed April 9,2020 and as amended by Fifth Amendment in Doc.#2021-1251 Bled July 17,2020 and being laid out on Lots 1 through 7 and Lot A in Prairie Meadow Estates Addition, Waterloo, Black Hawk County,.Iowa. We find marketable title vested in: ROBSON HOMES,INC., subject to the following comments and objections: 1. MORTGAGE (S): (a) Entry 38 at Page 36 shows a mortgage from Robson Homes, Inc., to Hills Bank and Trust Company., dated April 2, 2013, and Bled May 1, 2013 in Doc. No. 2013-22533, securing credit in the amount of$1,838,625.00. This mortgage should be released. (b)Enty 18 at Paie 19 shows a mortgage from Robson Homes,Inc.,to Hills Bank and Trust Company,dated June 13, 014,and Filed June 26,2014,in Doc.No.2014-23027,securing the sum of$288,855.00 and credit in the amount of$1,992,940.00. This mortgage should be released. 2. TAXES: All paid,except as hereinafter shown: General Taxes Year Payable Total Tax for Year Amount of Total Tax Paid 2019-2020 $2,664.00 $2,664.00 vs. Prairie Meadow Estates a Condominium proposed units land 2020-2021 Taxes not available 3. ZONING: Various zoning ordinances and governmental regulations/ordinances may affect the present,oryour intended use ofthe real estate.You should contact the appropriate offices for details. Page 40 of 140 f o Ow ate: . UMMINGBI �c/R 'y . /♦ .. S ♦14 z� PINT IL DR o O t I MINGBI►o IBM 'hot r pis a rr u. Age r-- s w 20 ` r Page 41 of 140 CITY OF WATERLOO Council Communication Resolution approving award of bid to Cahoy Pump Service, Inc., of Sumner, Iowa, in the amount of $238,515, approving the contract, bonds and certificate of insurance, in conjunction with the FY 2020 Final Clarifier No.3 Dewatering Wells Project, Contract No. 1032, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/5/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type ❑ Memo to Waterloo Mayor and City Council Cover Memo Resolution approving award of bid to Cahoy Pump Service, Inc., of Sumner, Iowa, in the amount of$238,515, approving the contract, bonds SUBJECT: and c ertific ate of insurance, in conjunction with the FY 2020 Final Clarifier No.3 Dewatering Wells Project, Contract No. 1032, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Matt Hosford, Collections Systems Project Director Recommended Action: approve award of contract Expenditure Required: $238,515 Source of Funds: Sewer Funds Page 42 of 140 CITY OF WATERLOO , IOWA WASTE MANAGEMENT SERVICES DEPARTMENT • 3505 Easton Ave. • Waterloo, IA 50703 • Phone(319)291-4553 Date: September 29, 2020 To: Waterloo Mayor and City Council From: Matthew Hosford, P.E., Waste Management Services Re: Contract Award for Final Clarifier No. 3 Dewatering Wells Project (Contract No. 1032) Background Discussion Final Clarifier No. 3 on the Easton treatment plant has been functioning in a limited capacity since August of 2017. Final clarifiers have a lower scraping mechanism that removes accumulated solids from the bottom of the unit and a skimmer arm that removes floating materials from the top. The removal of these solids ensures compliance with Iowa DNR (IDNR) permit regulations to avoid violations and potential fines. Staff observed the mechanism was not operating correctly necessitating further evaluation. To properly evaluate the final clarifier, it must be completely dewatered, which requires the installation of dewatering wells. Once dewatered, City staff can evaluate the clarifier's condition and plan repairs. The dewatering wells will remain in place after the completion of the contract for future use. The project's scheduled completion date is December 18, 2020. AECOM was hired to prepare the plans and specifications and provide construction related services. The bid opening date was September 10, 2020. The public hearing and official bid reading was September 14, 2020. The low bid was provided by Cahoy Pump Service, Inc. of Sumner, IA, in the amount of$238,515.00. Recommended Action It is recommended that the City Council approve the contract for the Final Clarifier No. 3 Dewatering Wells Project (Contract No. 1032) to Cahoy Pump Service, Inc. of Sumner, IA, in the amount of$238,515.00 at the October 5, 2020 Regular Meeting. Page 43 of 140 CITY OF WATERLOO Council Communication Resolution approving award of bid to Midwest Concrete, Inc., of Peosta, Iowa, in the amount of$398,757.05, approving the contract, bonds and certificate of insurance in conjunction with the FY 2021 Sidewalk Repair Assessment Program-Zone 10, Contract No. 1018, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/5/2020 Prepared: 9/30/2020 ATTACHMENTS: Description Type ❑ Contract Documents Backup Material ❑ Bid Tabulation Backup Material Resolution approving award of bid to Midwest Concrete, Inc., of Peosta. Iowa, in the amount of$398,757.05, approving the contract, bonds and SUBJECT: certificate of insurance in conjunction with the FY 2021 Sidewalk Repair Assessment Program- Zone 10, Contract No. 1018, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Source of Funds: Property Owner Assessments Page 44 of 140 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2021 SIDEWALK REPAIR ASSESSMENT PROGRAM —ZONE 10 CITY OF WATERLOO, IOWA CONTRACT NO. 1018 This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and MIDWEST CONCRETE, INC. of PEOSTA, IA (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the F.Y. 2021 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 10, Contract No. 1018, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 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. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. FORM OF CONTRACT PAGE 1 OF 5 PAGES Page 45 of 140 PAR. 5 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 28, 2021, with a targeted 40% completion by December 5, 2020, unless an extension of time is granted in writing by the Council of the City. PAR. 6 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. PAR. 7 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 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. PAR. 8 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. PAR. 9 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 theirjudgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 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 FORM OF CONTRACT PAGE 2 OF 5 PAGES Page 46 of 140 thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. PAR. 14 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. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT PAGE 3 OF 5 PAGES Page 47 of 140 PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $398,757.05 . 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 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. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT PAGE 4 OF 5 PAGES Page 48 of 140 CITY OF WATERLOO, IOWA Mayor City Clerk MIDWEST CONCRETE, INC. Contractor BY: Title: \rJ Y\k Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_. ATTEST: City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES Page 49 of 140 Bond #2446416 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Midwest Concrete Inc. (Name of Contractor) 9835 Cottingham Rd., Peosta IA 52068 (Address of Contractor) a Corporation hereinafter called Principal, (Corporation, Partnership or Individual) and, West Bend Mutual Insurance Company (Name of Surety) P O Box 620976 Middleton WI 53562 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo Iowa (Name of Owner) 715 Mulberry Street Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Three Hundred Ninety-Eight Thousand, Seven Hundred Fifty-Seven Dollars and Five Cents Dollars,( $398,757.05 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2021 SIDEWALK REPAIR ASSESSMENT PROGRAM—ZONE 10 CITY OF WATERLOO IOWA CONTRACT NO. 1018 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Page 50 of 140 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in 1 counterparts, each one of (number) which shall be deemed an original, this the day of 20 ATTEST: Midwest Concrete, Inc. Principal (Principal) Secretary (SEAL) By le� (s) yan Coates 9835 Cottingham Rd. (Address) Peosta, IA 52068 Witness as to Principal 9835 Cottingham Rd (Address) Peosta, IA 52068 TR CO Insurance Sue y ATTEST: Byole ( _ Ni ermsen Att r ey-in-Fa 4-4h& E 600 Star Brewery Dr., Ste 110 Witness as to Surety Kim Hess (Address) 600 Star Brewery Dr., Ste 110 Dubuque, IA 52001 (Address) Dubuque, IA 52001 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: Page 51 of 140 IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Page 52 of 140 Bond #2446416 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Midwest Concrete, Inc. of 9835 Cottingham Rd., Peosta, IA 52068 (the "Principal"), and West Bend Mutual Insurance Company of P.O. Box 620976, Middleton, WI 53562 (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Three Hundred Ninety-Eight Thousand, Seven Hundred Fifty-Seven Dollars and Five Cents Dollars ($398,757.05), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of F.Y. 2021 SIDEWALK REPAIR ASSESSMENT PROGRAM —ZONE 10, CITY OF WATERLOO, IOWA, CONTRACT NO. 1018 . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 Page 53 of 140 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Midwest Concrete, Inc. West Bend Mutual Insurance Compan Name Name By: By: &JL %,'IfLi yan Coates Nicole Her n Title: Owner Title: Attorney-In-Fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 Page 54 of 140 WEST BE LTtHE S:lt_VER t.tl`1I G'R A :!40TUAl :iiOURANCE COMPANY' 1PtEtlt Q &�'il`f�'�►�N Know all risen byse th� Presents,That West Bend Mutual Insurance Ctsmpa i% .corporation having.its pr3�clpstl oifc�ittl�ra'Cii�t�f test Bend,Wisconsin flees make,constitute and appoint: Nicola lorm"n lawhd Attorneys 4hr-fat+#,toi'maka execute,`seal and'deliver for and o its txehaif as ur t tt tis its a #end geed any and all bonds, undertakings and contracts.of suretyship,provided#hat no band or.00 making or co h, f"s roWp eitecu'ted under this authority shall exceed in amount the sum ofc Text Million po1lam`,($T%Q00,000) This Rower of Attorney is granted end is signed and seated by fa, trnl$under and try a adrlrf l ft$s tolutlrin.adopted by the Board of Directors +cal of West Bend Mutual Insurance Company at a meeting duly, le�'and held rtthe�l�y of December, 1999, Appointment ofAttarney-ftp-Fact The president or any vice president,or any othii' ffiber,4f T+t�e 'bertdNiltlrttl;IrFSurance Ct7mpany may apialzrtbywrr`tteit certrficate tlttarneys-Ttt-fact to act tett beha +tnptrnyrt� rttln }a�t attesting of bonds and undertakih s"+nd otheruritten ublWt4tyl� On.ts oflike nam t Pri r t 1"ar y�� er r�uthorized�Awt#y and'tftecorporatesea maybeafflx dbyfacsimiletoany�atirhpt���1'#f-attordQ �3t�nycertrfioc�t����ngtheref�tretszdany such poweraf attorney or certifrca'te bearing such facslrillfe signu�rr or,f¢esimim tea!shall be t�crff��rttd'binding.uIpd the company,dnd"any such Trower so.erecuted and cert fed b�facsimrles4rritttttrtiM qnd.acsim le seal shalt be valid tt4Td bMdMg upon the cvmptany in thefuturig with respect to any band oruh&taking'tt"khe'r-Wh"'tt g obligatory in nature to li*if h k4 attac hed. Any such appointment maybe revakted,,, brcouse,.crwithoutcause,by anysaid aficerat any time. In witness whereof,the West Bend Mutual insurance Company has caused these preli;0*to be signed by itmpnsldenUndemigned and its corporate-aeal to be hereto dilly attested by its:secretary this 22nd day of #ember,2017.. Mo t ds p$aec.C.Z 'CA Pt7}2P1?�%' Xevin A.Sitineir $ecreta ,~ ' EAL Chief Exe+cudve.0ffiC0/PW1de tit 7 Sta3e,ofWisconsin County of Washington On the 22nd day of September,2017,before me persoaally came Kevin.,miner,#e me knowri:tag bydttlyIm.�.d�# tepttse and say that he resides in the County of Washington,State of Wiser nein;.hat he i ~fie Presidental�WW. Bend iUJutual Insurance, Company the corporation described in and which executed the above Instrument;alai he knows the,seal<oftf stili corporation;that tfig,s+eal affixed#b said instrument is succi cprporate seal,thatis.was loaf ed t3ttetdsrtlftlte,board of direottal; 6f`satd't rporation airrr that he signed lrls name therelo by like order. • �. Tj `A#,ouTARP1 vnsGo, Notaty. 'ublit: 4 act ttth Ca„W]< The undersigned,duly elected to the office stated below,now the incumbent to West Bend Mutual Insurance Company; Wisconsin sconsin corporation<authorized to make this certificate,Do Hereby Certify that the foregoing attached Prwer of Attorney remalns infull force effect and hes not been revoked and that the Resolution of the Board of Directors,setforttito the Ptrifiter of'A dnow In force, Signed and sealed at West Bend,Wisconsin this day of heather Dunn - - - may` Nice Vtesidm,t-CWd Pinartciel(}fricer Notice: Any questions concerning this Rower of Aftomey-may-B"Pirecteitto she Bond Manager:at NSI,a division of West Bend Mutual insurance Company. 1900 S.1$1h Ave. West Send,W1 53095 .I ph(6�)334-�1t6 4 I Cox. ir2)3311450$8. 1: VNhv.thesi1ver1]1 ag.com Page 55 of 140 MIDWCON-03 NHERMSEN ACORO" DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 9/29/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAMECT Nicole Hermsen TRICOR,Inc.-Dubuque a"/c00,No,Ext): (563)231-2264 1428 'C,No): 600 Star Brewery Drive EMAIL Suite 110 .nhermsen@tricorinsurance.com Dubuque,IA 52001 INSURERS AFFORDING COVERAGE NAIC# INSURERA:ShebO an Falls/LeMars/Done al Ins Co. 15148 INSURED INSURER 13:Markel Insurance Company Midwest Concrete Inc INSURER C: AHL Equipment Leasing,Inc. 9835 Cottingham Rd INSURER D: Peosta, IA 52068 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRMMIDDA A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F_X] OCCUR X CPA9030194 4/15/2020 4/15/2021 DAMAGE TO RENTE"ren el D $ 100,000 MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY F x7 jE o F-1 LOC PRODUCTS-COMP/OP AGG $ 2'000'000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO CAA9030194 4/15/2020 4/15/2021 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPcEcRYDAMAGE ONLY ONLY (Per ai F $ $ A X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 4,000'000 EXCESS LIAR CLAIMS-MADE CWA9030194 4/15/2020 4/15/2021 AGGREGATE $ 4,000,000 DED RETENTION$ $ A WORKERS COMPENSATION X PERTUTE 10 PE EMPLOYERS'LIABILITY Y/N WCA9030194 4/15/2020 4/15/2021 500,000 AAFFICERIMEMBER EXC NERJEDED?ECUTIVE a N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Pollution Liability CPLMOL102653 4/15/2020 4/15/2022 Occurrence 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: FY 2021 Sidewalk Repair Assesment Program-Zone 10 The City of Waterloo is additional insured on the general liability policy with respect to the insured contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Waterloo THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 715 Mulberry St Waterloo,IA 50703 AUTHORIZED REPRESENTATIVE 4_14�11 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATI%gV ttWt6)reg,4rfed. The ACORD name and logo are registered marks of ACORD �c FY21 Sidewalk Repair Assessment Program, Zone 10, Cont. 1018 September 24, 2020 Bid Tab Estimate: $653,915.47 Bidder Bid Security Bid Amount Midwest Concrete Inc. 5% $398,757.05 Peosta, IA MinturnInc., 5% $624,740.40 Brooklyn, IA Tricon Construction Group ° 5/° $743,218.35 Dubuque, IA Brock Even Construction, LLC 5% $499,922.04 Jesup, IA Page 57 of 140 CITY OF WATERLOO Council Communication Motion approving request of Central Property Holdings, LLC for an extension to repair sidewalks at 200 block of Franklin Street(PIN 8913-24-308-085) (CN 215) and 200 block of Walnut Street(PIN 8913-23-431- 010) (CN 424). City Council Meeting: 10/5/2020 Prepared: 9/28/2020 ATTACHMENTS: Description Type ❑ CentralPropertyHoldingsLLC req for ext Backup Material Motion approving request of Central Property Holdings. LLC for an SUBJECT: extension to repair sidewalks at 200 block of Franklin Street(PIN 8913-24- 308-085) (CN 215) and 200 block of Walnut Street(PIN 8913-23-431-010) (CN 424). Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Recommended Action: Approve request for extension. Summary Statement: Extension of no later than October 1, 2021 for the FY 2020 Sidewalk Repair Program-Zone 10. These two properties are part of the All In Grocers site. Page 58 of 140 BEECHER, FIELD, WALKER, MORRIS, HOFFMAN & JOHNSON, P.C. LAWYERS HUGH M.FIELD W.LOUIS BEECHER(1921.2012) RICHARD R.MORRIS COURT SQUARE BUILDING-SUITE 300 W.L.BEECHER(1891.1976) THERESA E.HOFFMAN 620 LAFAYETTE STREET JOHN W.RATHERT(19322010) ERIC W.JOHNSON P.O.BOX 178 JOHN R.WALKER,JR.(RETIRED) KEVIN D.AHRENHOLZ WATERLOO,IOWA 50704 D.RAYMOND WALTON TELEPHONE:(319)234-1766 JOHN J.WOOD FAX:(319)234-1225 ew'ub ecllerlaw.entn ADNAN MAHMUTAGIC www.wcflawyer.com THOMAS C.VERHULST NATHAN D.MILLER LYNN M.SMITH KATE B.MITCHELL JORDAN M.TALSMA JOHN A.RICHTER September 28, 2020 Sent via email to: city,enjzineerwaterloo-ia.or Jamie Knutson City Engineer City of Waterloo, Iowa Re: Sidewalk Repair/Assessments to Properties Located at 200 Block of Walnut St. and 200 Block of Franklin St. Dear Jamie: I am writing this letter as a following to our phone conversation earlier today. As I indicated in that conversation, my client, Central Property Holdings, LLC ("Central Property Holdings"), is the owner of the properties in question. While Central Property Holdings understands that the sidewalk repairs need to happen, they are in the process of developing that site and hope to begin construction toward the end of the fall for its grocery store, "ALL IN Grocer, LLC". The City of Waterloo has been a strong supporter of this project. To complete the sidewalks now would be a waste of limited resources, given the fact that the sidewalks would likely be damaged or destroyed during the construction process. Therefore, Central Property Holdings would request a 1-year deferral, requiring them to have the sidewalks completed by October 1, 2021. Please let me know if you would like to discuss. I look forward to hearing from you. Sincerely, ,Johnson for B ECHER, FIELD, WALKER, MO S, HOFFMAN & JOHNSON, P.C. EWJ/ak cc: Central Property Holdings Noel Anderson ♦Established in 1918♦ Page 59 of 140 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 10/5/2020 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 10.5.2020 Backup Material SUBJECT: Bonds. Page 60 of 140 BONDS FOR COUNCIL APPROVAL October 5, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 W150387495 OLMSTEAD CONSTRUCTION, INC. CEDAR RAPIDS, IA IA5347633 PAGE HEATING AND AIR INC. TRIPOLI, IA IA5346071 SCHRADER EXCAVATING AND GRADING CO. WALFORD, IA Page 61 of 140 CITY OF WATERLOO Council Communication Reallocation of Unspent Proceeds of the General Obligation Bonds, Series 2018B, in an amount not to exceed $250,000. City Council Meeting: 10/5/2020 Prepared: 9/28/2020 ATTACHMENTS: Description Type ❑ Bond Reallocation Series 2018B Council Comm Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. SUBJECT: Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action and approvingthe reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2018B, of the City of Waterloo, Iowa. Submitted by: Submitted By:Michelle Weidner, Chief Financial Officer Planning has requested that we modify the hearing authority for the taxable bonds that were issued in the spring of 2018 to provide for the purchase of Summary Statement: residential property for resale and also for the acquisition of property for commercial development. This action does not increase the amount of indebtedness. It simply provides authority for these purchases. Expenditure Required: Not to exceed $250,000 to provide for the purchase of residential property for resale and for the acquisition of property for commercial development. Source of Funds: Bond funds. Alternative: Alternatives would be to sell new bonds or not proceed with the project. Page 62 of 140 CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor Council Communication QUENTIN City Council Meeting: October 5, 2020 HART Prepared: September 28, 2020 Dept. Head Signature: Michelle Weidner, Chief Financial Officer COUNCIL MEMBERS Number of Attachments: None ................... SUBJECT: GO Bond Use Reallocation MARGARET KLEIN Submitted by: Michelle Weidner, Chief Financial Officer Ward I BRUCE JACOBS Recommended City Council Action: Ward 2 Reallocation of Unspent Proceeds of the General Obligation Bonds, Series 2018A in an MOPATRICKISsEY amount not to exceed $250,000. Ward3 Motion to receive and file proof of publication of notice of public hearing. Ward 3 HOLD HEARING - No comments on file. JEROME Motion to close hearing and receive and file oral and written comments. AMOS,JR. Resolution instituting proceedings to take additional action. Ward 4 RAY Summary Statement: Planning has requested that we modify the hearing FEUSS authority for the taxable bonds that were issued in the spring of 2018 to provide for Ward S the purchase of residential property for resale and also for the acquisition of SHARON property for commercial development. This action does not increase the amount of JUON indebtedness. It simply provides authority for these purchases. At-Large Expenditure Required: Not to exceed $250,000 to provide for the purchase STEVE of residential property for resale and for the acquisition of property for commercial At-Large CHMdevelopment. A Source of Funds- Bond funds. Policy Issue: None. Alternative: Alternatives would be to sell new bonds or not proceed with the projects. Background Information: N/A WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 63 of 140 CITY OF WATERLOO Council Communication Resolution ordering the Waterloo Police Department to develop a new insignia, and rescinding Resolution No. 2020-624. City Council Meeting: 10/5/2020 Prepared: 10/1/2020 ATTACHMENTS: Description Type ❑ Resolution as proposed Backup Material SUBJECT: Resolution ordering the Waterloo Police Department to develop a new insignia, and rescinding Resolution No. 2020-624. Submitted by: Submitted By: Sharon Juon,At Large Council member Recommended Action: Approval. Page 64 of 140 Prepared by Kelley Felchle, Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2020- RESOLUTION ORDERING THE WATERLOO POLICE DEPARTMENT TO DEVELOP A NEW INSIGNIA, AND RESCINDING RESOLUTION NO. 2020-624. WHEREAS, the guiding mission of the Waterloo Police Department is to "committed to service, procedural justices, and the sanctity of human life," carrying out their duties "within a framework of service, uncompromising integrity, fiscal responsibility, professionalism, vigilance, and bias free conduct"; and WHEREAS, the overall purpose of law enforcement is to protect and serve the citizens and residents of the community which is built upon the bedrock of trust and integrity; and WHEREAS, the griffin insignia utilized by the Waterloo Police Department since its adoption in 1964 leaves many citizens and residents feeling uncomfortable and distrustful when dealing with the Waterloo Police Department; and WHEREAS, this discomfort and distrust can make the job of Waterloo law enforcement officers more difficult in carrying out their duties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNICL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. That the Mayor shall establish a small committee of not less than eight(8) and not more than twelve (12) individuals to determine how to change the Police Department insignia. Committee members shall be balanced in their opinion on the issue. Both At-Large Council members shall serve as non-voting, ex-officio members of the committee. Two Waterloo Youth City Council members will be selected by the Mayor to serve as non voting, ex-officio members of the committee. 2. That a revision of the current griffin logo will be initially considered by the committee. 3. That the committee will address the scope, time-frame, and cost of creating a new insignia. 4. That all recommendations require majority approval of the committee. 5. That the committee shall present a final report to the Waterloo City Council, for the council's approval, by June 30, 2021. 6. That a preliminary financial report shall be delivered to the Waterloo City Council by February 1, 2021. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this this 24h day of August 2020. Quentin Hart, Mayor Page 65 of 140 Resolution No. 2020- Page 2 ATTEST: Kelley Felchle City Clerk i Oe O Q' W Page 66 of 140 CITY OF WATERLOO Council Communication Resolution approving acceptance of a Staffing for Adequate Fire and Emergency Response(SAFER) Grant Award, in the amount of$1,010,772, to hire four(4) additional firefighters, and authorizing the Fire Chief to sign and accept grant. City Council Meeting: 10/5/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type ❑ SAFER Award Letter Cover Memo Resolution approving acceptance of a Staffing for Adequate Fire and SUBJECT: Emergency Response (SAFER) Grant Award, in the amount of$1.010.772, to hire four(4) additional firefighters, and authorizing the Fire Chief to sign and accept grant. Submitted by: Submitted By:Pat Treloar, Fire Chief Recommended Action: Approve The SAFER Grant Award amount is $1,010,772.00, and is to hire four(4) firefighters. There is no city match required. The grant pays first year firefighter wages and benefits for three(3)years. The objectives of the SAFER grant program are to assist local fire departments with staffing and deployment capabilities to respond to emergencies and assure that communities have adequate protection from fire and fire-related hazards. Local fire departments accomplish this by improving staffing and deployment capabilities, so they may more effectively and safely respond to emergencies. With enhanced staffing levels, recipients should experience a reduction in response times and an increase in the number of trained personnel assembled at the incident scene. The grant is for additional firefighters and cannot be used to augment existing budgets. During the grant period of performance, recipients of the FY 2019 SAFER Summary Statement: Grant Program Hiring of Firefighters Activity are required to maintain the level of budgeted operational staffing that existed at the time of application, in addition to filling and retaining the SAFER Grant Program-funded positions. Our existing operational staffing is currently set at 101 sworn firefighters plus five(5) sworn administrative staff totaling 106 sworn firefighters. When we hire four(4) additional firefighters with the SAFER Grant our operational staffing level will increase to 105, and that level must be maintained throughout the grant period. Thus our staffing level will increase from 106 sworn fighters to 110 sworn fire fighters. FY 2019 SAFER Grant Program award recipients are under no obligation to retain the SAFER Grant Program-funded positions after the conclusion of Page 67 of 140 the period of performance. $17,000 FY 2021 Expenditure Required: $53,000 FY 2022 $88,000 FY 2023 Page 68 of 140 Award Letter U.S. Department of Homeland Security Washington, D.C.20472 Effective date:0911112020 FEMA Patrick Treloar "fo- +xo sF WATERLOO, CITY OF 425 EAST THIRD STREET WATERLOO, IA 50703 EMW-2019-FF-00832 Dear Patrick Treloar, Congratulations on behalf of the Department of Homeland Security.Your application submitted for the Fiscal Year (FY) 2019 Staffing for Adequate Fire and Emergency Response(SAFER) Grant funding opportunity has been approved in the amount of$1,010,772.00 in Federal funding. FEMA has waived, in part or in full, one or more requirements for this grant award. See the Summary Award Memo for additional information about Economic Hardship Waivers. Before you request and receive any of the Federal funds awarded to you,you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award,you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo- included in this document • Agreement Articles- included in this document • Obligating Document-included in this document • 2019 SAFER Notice of Funding Opportunity(NOFO) -incorporated by reference Please make sure you read, understand,and maintain a copy of these documents in your official file for this award. Sincerely, Z- �~ . Christopher Logan Acting Assistant Administrator Grant Programs Directorate Page 69 of 140 Summary Award Memo Program: Fiscal Year 2019 Staffing for Adequate Fire and Emergency Response Recipient:WATERLOO, CITY OF DUNS number:787083286 Award number: EMW-2019-FF-00832 Summary description of award The purpose of the SAFER Grant Program is to provide funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards,and to fulfill traditional missions of fire departments.After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application--including budget information—was consistent with the SAFER Grant Program's purpose and was worthy of award. Except as otherwise approved as noted in this award,the information you provided in your application for FY2019 Staffing for Adequate Fire and Emergency Response(SAFER) funding is incorporated into the terms and conditions of this award.This includes any documents submitted as part of the application. Approved Economic Hardship Waivers Position cost limit waiver FEMA has waived the position cost limit requirement for this grant award.Costs are limited to the approved budget per position. Cost share waiver FEMA has waived the cost share requirement for this grant award.You are not required to contribute non-Federal funds for this grant award.The recipient is responsible for any costs that exceed the Federal funding provided for this grant award. Minimum budget waiver FEMA has waived the minimum budget requirement for this award. Non-supplanting waiver FEMA has waived the non-supplanting requirement for this award.SAFER grant funds may be used to replace funds that would be available from State or local sources or from the Bureau of Indian Affairs. Amount awarded The amount of the award is detailed in the attached Obligating Document for Award. Page 70 of 140 The following are the total approved budgeted estimates for object classes for all funded firefighter positions for this award (including Federal share plus your cost share, if applicable,as applied to the estimated costs): Object Class First Year Second Year Third Year Total Personnel $208,356.00 $208,356.00 $208,356.00 $625,068.00 Fringe benefits $128,568.00 $128,568.00 $128,568.00 $385,704.00 Travel $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 Construction $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Indirect charges $0.00 $0.00 $0.00 $0.00 Federal $336,924.00 $336,924.00 $336,924.00 $1,010,772.00 Non-federal $0.00 $0.00 $0.00 $0.00 Total $336,924.00 $336,924.00 $336,924.00 $1,010,772.00 Program Income $0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work.Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award.You must submit scope or budget revision requests for FEMA`s prior approval,via an amendment request, as appropriate per 2 C.F.R. §200.308 and the FY2019 SAFER NOFO. Approved request details: Hiring of Firefighters Page 71 of 140 Firefighter Position BENEFITS FUNDED Our standard benefit package includes a department average of health care pian,dental, and vision coverage, life insurance, and required pension contributions. NUMBER OF ANNUAL SALARY ANNUAL BENEFITS TOTAL PER FIREFIGHTERS PRICE $32,142.00 FIREFIGHTER 4 $52,089.00 $84,231.00 3 YEAR TOTAL $1,010,772.00 Page 72 of 140 CITY OF WATERLOO Council Communication Resolution approving the Grade Crossing Surface Repair Fund Force Account Agreement with the Iowa Department of Transportation, Chicago Central and Pacific Railroad, in conjunction with the Burton Avenue Railroad Crossing Surface Repair Project, with the City's share being twenty-percent of the total project cost, which is to be determined, and authorizing the Mayor to execute said document. City Council Meeting: 10/5/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type ❑ Burton RR crossing agreement Backup Material Resolution approving the Grade Crossing Surface Repair Fund Force Account Agreement with the Iowa Department of Transportation, Chicago SUBJECT: Central and Pacific Railroad, in conjunction with the Burton Avenue Railroad Crossing Surface Repair Project, with the City's share being twenty-percent of the total project cost, which is to be determined, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Approve State of Iowa Grade Crossing Surface Repair Fund Force Recommended Action: Account Agreement and authorize Mayor to sign and enter into said agreement. The DOT will pay 60% of the project costs and Railroad and City will each pay 20% of the costs. The roadway traffic control costs are the Expenditure Required: responsibility of the City. Source of Funds: Local Option Sales Tax revenue Background Information: This funding program has been traditionally utilized by the City and the railroads for the reconstruction of railroad crossings. Page 73 of 140 002% tate W0, IDWA DDT SState f Aida Form 291308(04-16) Grade Crossing Surface Repair Fund Rail Transportation Bureau Force Account Agreement 800 Lincoln Way,Ames, IA 50010 g Chicago, Central & Pacific Railroad Railroad Crossing Location Information County Blackhawk FRA No: 307173S Location: Burton Avenue Waterloo Street Name City Name 307173S46 Project Number Contact Information Highway Authority Contact: Jamie Knutson Office Phone No: (319) 291-4312 Email Address: jamie.knutson@waterloo-ia.org Railroad Company Contact: Nicholas Burwell Office Phone No: (319) 236-9205 Email Address: nicholas.burwell@cn.ca Iowa DOT Program Manager: Kristopher Klop Office Phone No: (515) 239-1108 Email Address: kristopher.klop@dot.iowa.gov Iowa DOT Project Inspector: Travis Tinken Office Phone No: (515) 290-5055 Email Address: travis.tinken@dot.iowa.gov Page 1 of 9 Page 74 of 140 FRA No: 307173S THIS AGREEMENT, entered into pursuant to Iowa Code Ch. 327G and 761 Iowa Administrative Code, Chapter 821, is between the city of Waterloo, Iowa, hereinafter referred to as HIGHWAY AUTHORITY, and Chicago Central &Pacific Railroad, hereinafter referred to as COMPANY, and Iowa Department of Transportation, hereinafter referred to as DEPARTMENT. The HIGHWAY AUTHORITY and the COMPANY agree to repair the at-grade crossing located at Burton Avenue in Waterloo, Iowa, and further agree as follows. SECTION I. Work Statement and Performance. The COMPANY and the HIGHWAY AUTHORITY have determined the extent of the repair to be performed at this crossing, including railway, roadway approach modifications, and replacement of existing sidewalks and/or recreational trails. This repair shall conform to the COMPANY and HIGHWAY AUTHORITY Standards. The agreed work, generally described in the Work Statement identified as Exhibit "A" attached hereto and made part of this Agreement, is to be performed by COMPANY forces. In the absence of specific COMPANY standards that have been accepted by the DEPARTMENT, BNSF/Union Pacific Railroad common crossing standards shall be used as guidance. Current standards are at the following website and considered as part of this agreement: hqp://www.iowadot.gov/iowarail/Tdfs/TJP- BNSF%20road xings%20Std.pdf If the COMPANY chooses to utilize contract company forces to perform the work, the COMPANY must obtain detailed itemized bids for the work to be completed. The COMPANY must provide the bids to the DEPARTMENT and HIGHWAY AUTHORITY for review and approval. The DEPARTMENT and HIGHWAY AUTHORITY shall approve the bid prior to the contract company performing any repair work. In the event that a contract company is utilized by the COMPANY, Exhibit B of this document is in effect and must be followed. The HIGHWAY AUTHORITY will be responsible to have existing sidewalk(s) and/or recreational trail(s) replaced by a contractor or their own forces, in accordance with the Americans with Disabilities Act (ADA) requirements. In the absence of specific HIGHWAY AUTHORITY standards that are acceptable to the COMPANY, the DEPARTMENT's Standard Road Plan MI-220 shall be used. As per Standard Road Plan MI-220, the detectable warning is to be installed 12' from the edge of the nearest rail, and the sidewalk is a minimum width of 5'. The project will include the cost of an additional two feet of sidewalk and/or recreational trail, or to the nearest sidewalk and/or recreational trail joint, whichever is less, beyond the detectable warning. Any additional new sidewalk and/or recreational trail beyond that point will be paid by the HIGHWAY AUTHORITY and is not part of this project. Truncated domes are the only detectable warnings allowed by ADA Accessibility Guidelines. Grooves, exposed aggregate, and other designs intended for use as detectable warning are too similar to pavement textures, cracks, and joints and are not considered equivalent facilitation, and do not comply with ADA requirements. Future maintenance of the sidewalk(s) and detectable warning device will be the responsibility of the HIGHWAY AUTHORITY. If the HIGHWAY AUTHORITY chooses to utilize contract company forces to perform the sidewalk or recreational trail work referenced in the above paragraph, the HIGHWAY AUTHORITY must obtain detailed itemized bids for the work to be completed. The HIGHWAY AUTHORITY must provide the bids to the DEPARTMENT for review and approval. The DEPARTMENT shall approve Page 2 of 9 Page 75 of 140 FRA No: 307173S the bid prior to the contract company performing any repair work. The HIGHWAY AUTHORITY will coordinate and have the approaches completed according to the Exhibit"A"of this agreement. The HIGHWAY AUTHORITY will pay the contractor and submit a detailed invoice billing to the COMPANY for 100% of the approach costs, along with costs for the sidewalk, and/or recreational trail. Copies of the contractors' invoice(s) should be included with the HIGHWAY AUTHORITY's billing. The COMPANY will reimburse the HIGHWAY AUTHORITY at 100%. These costs will then be included in the final billing to the DEPARTMENT and HIGHWAY AUTHORITY. If the HIGHWAY AUTHORITY chooses to place the approaches, sidewalk(s) and/or recreational trail(s)with their own forces, they will submit an itemized billing for 100% of their costs to the COMPANY. The COMPANY will reimburse the HIGHWAY AUTHORITY at 100%. These costs will then be included in the final billing to the DEPARTMENT and HIGHWAY AUTHORITY. The COMPANY will have the asphalt contractor chosen by the HIGHWAY AUTHORITY place the underlayment in the track opening as per the UP/BNF specifications. The billing for all asphalt will be included in the invoice the contractor submits to the HIGHWAY AUTHORITY and handled the same as stated above. SECTION II. Cost Estimate. The estimated cost of the project work is itemized on Exhibit "B" attached hereto, and made part of this Agreement. If project costs exceed the engineered estimate by more than 10%, the accrued costs must be provided to the DEPARTMENT and HIGHWAY AUTHORITY for review. The DEPARTMENT shall not pay any portion of costs over 10% of the estimate until both the DEPARTMENT and the HIGHWAY AUTHORITY have confirmed that the costs are properly within the scope of the project and in compliance with the terms of this agreement. SECTION III. Work Start and Completion. The date this agreement is signed by the DEPARTMENT is the COMPANY's authorization to proceed with the work. The COMPANY shall begin the construction of the project as soon as possible after the date the DEPARTMENT signs this agreement and shall complete the project within 18 months. Costs incurred prior to the DEPARTMENT signing the agreement are not reimbursable under this Agreement. Cost incurred more than 18 months after the DEPARTMENT signs this agreement will not be reimbursed unless the COMPANY has requested in writing, prior to expiration of the agreement, and received from the DEPARTMENT a written extension of time for completion. The DEPARTMENT shall have complete discretion, and be the sole authority to grant or deny extensions. Costs incurred for work following the extension time will not be reimbursed. SECTION IV. Traffic Control. The roadway will be closed during repair. Exhibit "A" describes specific closure conditions. The HIGHWAY AUTHORITY is responsible for the establishment and payment for traffic control (i.e.: barricades, signing, detours, detour damage, and runarounds). The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1) a minimum of 60 days in advance of the approximate starting date to allow the HIGHWAY AUTHORITY to implement the detour; and 2) 14 days in advance of the actual starting date to allow the HIGHWAY AUTHORITY adequate time to provide and install appropriate signs on the detour. Page 3 of 9 Page 76 of 140 FRA No: 307173S SECTION V. Work Notification. The COMPANY shall notify the DEPARTMENT and the HIGHWAY AUTHORITY's Contact Person no later than 14 days prior to the start of its work at the crossing. The HIGHWAY AUTHORITY shall be given ample opportunity to document the materials, equipment, and labor required to complete the project. The DEPARTMENT and HIGHWAY AUTHORITY shall have the right to inspect the project work at any time. The HIGHWAY AUTHORITY shall perform on-site inspection of the project work each day. SECTION VI. Project Completion. After the COMPANY has completed the required work, the COMPANY shall so notify the DEPARTMENT and the HIGHWAY AUTHORITY in writing or by email within 30 days of completion. The DEPARTMENT shall arrange an inspection with the HIGHWAY AUTHORITY, and the COMPANY in order for all parties to determine whether the project work has been completed in accordance with the terms of this Agreement or Amendments thereto. Pavement markings and stop lines shall be placed by the HIGHWAY AUTHORITY as required by Part 8 of the Manual on Uniform Traffic Control Devices for Streets and Highways. If the existing traffic control devices at a multiple-track highway-rail grade crossing become improperly placed or inaccurate because of removal of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices, Part 8. If the roadway is widened or relocated, the existing devices shall be relocated and/or modified at HIGHWAY AUTHORITY expense pursuant to the Manual On Uniform Traffic Control Devices, Part 8. Relocation of the traffic control devices will be completed prior to removal of the detour. When the work has been completed in accordance with the Agreement, the COMPANY, DEPARTMENT, and the HIGHWAY AUTHORITY shall sign a Certificate of Completion and Acceptance form at the project site following final inspection. SECTION VII. Reimbursable Costs. The COMPANY will keep an accurate and detailed account of actual and necessary reimbursable costs incurred under this Agreement. Replacement of existing sidewalk(s) and/or recreational trail(s), and subcontracted work costs shall be included in detail with the COMPANY billing. The cost of labor, material, all associated additives and subcontracted work costs are reimbursable, and shall be billed on a force account basis in accord with Title 23 Code of Federal Regulations, Part 140, Subpart 1. Labor additives reimbursed are to be exclusive of indirect and overhead costs as elected by the DEPARTMENT and provided for by 23 CFR 140.907(a). The cost of preliminary project engineering, construction inspection, track inspection, relocation of existing signals, signal wires, and switches, or the construction of runarounds will not be eligible project reimbursable costs. A copy of the Construction Sales Tax Exemption Certificate associated with this project, issued by the Iowa Department of Revenue, is attached to the Agreement. The DEPARTMENT shall not be required to reimburse state sales or use tax incurred in any state. However, the DEPARTMENT shall reimburse state sales or use tax incurred in any state other than Iowa, if all of the following conditions are satisfied: 1) COMPANY has submitted a written request for tax exemption to the state in which the materials for the project were purchased. This written request shall include a copy of the Construction Sales Tax Exemption Certificate attached to the Agreement; 2) The state in which the materials for the project were purchased by COMPANY has rejected the COMPANY'S request for tax exemption in writing; Page 4 of 9 Page 77 of 140 FRA No: 307173S 2) COMPANY has provided to the DEPARTMENT a copy of all documentation and correspondence relating to the COMPANY'S request for tax exemption and the other state's rejection of such request; and 4) the DEPARTMENT determines that the documentation and correspondence relating to the COMPANY'S request for tax exemption and the other state's rejection of such request demonstrates that reasonable efforts were made by the COMPANY to seek an exemption from the applicable sales or use tax incurred in the other state. SECTION VIII. Cost Sharing. The HIGHWAY AUTHORITY and COMPANY each shall pay twenty percent (20%) of the reimbursable costs defined in SECTION VII for work described in Exhibit"A". The DEPARTMENT will use the Grade Crossing Surface Repair Fund to reimburse the COMPANY for sixty percent (60%) of the total eligible costs for this project. The DEPARTMENT's CERTIFICATE OF AUDIT shall establish eligible reimbursable project costs. SECTION IX. Progressive Payments. The COMPANY may submit accurate progressive bills to the DEPARTMENT for sixty percent (60%) of its material, labor and any subcontracted costs included in Exhibit `B", for each crossing location. The billing for material shall be for those materials that have been delivered to the project location or specifically purchased and delivered to the COMPANY for use on the project. The DEPARTMENT and HIGHWAY AUTHORITY may make progressive payments to the COMPANY for one-hundred percent (100%) of each party's billed participation, or the HIGHWAY AUTHORITY may elect to retain a percentage of their billed participation. SECTION X. Final Billing. If applicable, the HIGHWAY AUTHORITY will submit a detailed billing to the COMPANY for the actual sidewalk and/or recreational trail replacement costs. Upon completion of the project the COMPANY shall submit an accurate final and complete, itemized, electronic billing. Final bill shall include a detailed summary of all incurred costs. SECTION XI. Final Payment. The DEPARTMENT, upon receipt of the final bill and Certificate of Completion and Acceptance form, shall review, and forward the final bill to the DEPARTMENT'S Office of Audits for final audit. Reimbursement to the COMPANY shall be governed by the DEPARTMENT'S Certification of Audit. The DEPARTMENT shall make payment to the COMPANY equal to 60 percent (60%) of the final reimbursable amount, less previous payment. The COMPANY shall promptly reimburse the DEPARTMENT in the amount of any overpayments. The HIGHWAY AUTHORITY shall make payment equal to 20 percent (20%) of the COMPANY final billing or the estimated cost noted on Exhibit `B" of the agreement, less previous payment, within 30 days of its receipt of the COMPANY final billing. In the event of overpayment by the HIGHWAY AUTHORITY as determined by the DEPARTMENT audit of COMPANY records, the COMPANY shall pay the HIGHWAY AUTHORITY the amount of overpayment within 30 days of its receipt of the DEPARTMENT final audit. SECTION XII. Maintenance and Abandonment. Upon completion of the project, the COMPANY shall maintain the crossing surface to provide a safe and sufficient crossing for vehicular travel. If the track is removed from both sides of the crossing, the COMPANY shall remove the surface material, rail and cross ties from the crossing and shall restore the roadway void to the satisfaction of Page 5 of 9 Page 78 of 140 FRA No: 307173S the HIGHWAY AUTHORITY, all at COMPANY expense. If the existing traffic control devices at a multiple-track highway-rail grade crossing become improperly placed or inaccurate because of removal of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices, Part 8. Future maintenance of the sidewalk(s) and detectable warning device will not be the responsibility of the COMPANY. SECTION XIII. Standard Title VI Assurances. The COMPANY shall comply with all applicable DEPARTMENT and Federal laws, rules (including the administrative rules adopted by the DEPARTMENT for the IPPP Program - 761 Iowa Administrative Code, chapter 201), ordinances, regulations, and orders. The COMPANY, and all agents of the COMPANY that participate in the project, shall also comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 - to the end that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the DEPARTMENT. SECTION XIV. Successor and Assiins. This agreement shall be binding upon all successors or assigns. The COMPANY shall provide written notice to the HIGHWAY AUTHORITY and the DEPARTMENT of any assignment of this Agreement. SECTION XV. Proiect Contact Persons. All notices and communications essential to complete the work required by this Agreement shall be made to the Contact Persons and the DEPARTMENT specified on the cover page of this Agreement. SECTION XVI. Integration and Amendment. This Agreement and its exhibits constitute the entire Agreement between the DEPARTMENT, the COMPANY, and the HIGHWAY AUTHORITY concerning this project. If the DEPARTMENT determines a substantial change is to be made in the project work described in Exhibit "A", the DEPARTMENT will furnish the written approval of the change. SECTION XVII. Termination Due to Lack of Funds. Notwithstanding anything in this Contract to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have the right to terminate this Contract without penalty and without any advance notice as a result of any of the following: 1. The federal government, legislature or governor fail in the sole opinion of the DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its obligations under this Contract or to operate as required and to fulfill its obligations under this Contract; or 2. If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3. If the DEPARTMENT's authorization to conduct its business or engage in activities or operations related to the subject matter of this Contract is withdrawn or materially altered or modified. The DEPARTMENT shall provide the HIGHWAY AUTHORITY and COMPANY with written notice of termination pursuant to this section. The DEPARTMENT will pay the COMPANY for the DEPARTMENT share of the non-cancelable obligations allowable under the Agreement and properly incurred by the Page 6 of 9 Page 79 of 140 FRA No: 307173S COMPANY prior to termination. SECTION XVIII. Merged Documents. This agreement may be executed and delivered in three or more counterparts, each of which so executed and delivered shall be deemed to be an original, and all shall constitute but one and the same instrument. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of any section, provision, or part thereof not found to be invalid or unconstitutional. SECTION XIX. Agreement Execution. IN WITNESS WHEREOF the COMPANY, the HIGHWAY AUTHORITY and the DEPARTMENT hereto have caused this Agreement to be executed by their duly authorized officers as of the dates indicated below. Executed by the COMPANY Chicago, Central &Pacific Railroad By: 9/25/20 Name Date Executed by the HIGHWAY AUTHORITY Waterloo, Iowa By: Name Date Executed by the DEPARTMENT this Iowa Department of Transportation By: Stuart Anderson, Director Date Office of Rail Transportation Page 7 of 9 Page 80 of 140 QJ10WA00T EXHIBIT "A" - WORK STATEMENT Form 040016(04-18) Iowa Grade Crossing Surface Repair Fund and Federal-Aid Rail/Highway Crossing Surface Repair Meeting Date: 02/10/2020 FRA No: 307173S County: Black Hawk Highway Authority:Waterloo RR Company: CN Location: Burton Avenue Street City 1. Crossing(s)Reconstructed A. COMPANY will reconstruct 2 crossing(s)of 156 total feet that include 90 feet of Rubber surface material through the traveled roadway and 66 feet of Rubber surface material through the shoulder or sidewalk area.As a minimum,the crossing must extend beyond the edge of the traveled roadway and through the shoulder if not curbed. B. Existing rail weight through crossing(s) 115 2. Traffic Controls (check below) ❑ A highway runaround will be constructed to permit two-lane traffic during repair. M The highway will be closed for 7 days during repair. NOTE: The HIGHWAY AUTHORITY is responsible for placement and cost of barricades, signing, detours,detour damage,and runarounds. A. The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1). A minimum of sixty(60)days in advance of the approximate starting date to allow the HIGHWAY AUTHORITY to implement the detour. 2). Fourteen(14)days in advance of the actual starting date to allow the HIGHWAY AUTHORITY adequate time to provide and install appropriate signs on the detour. The COMPANY shall advise the STATE PROJECT INSPECTOR fourteen(14) days in advance of the actual starting date. 3. Track Elevation Relative to Existing Road Pavements (check below:) ❑ Tracks will be constructed to meet existing road grade. Roadway will be reconstructed to meet a proposed new track grade(roadway work is not covered by this Agreement) M Tracks will be elevated 1 inches above the adjacent roadway requiring a taper(complete item 4A and 4B.) In any event,the parties agree to provide a smooth crossing. 4. Roadway Work--Must be sufficient to provide a smooth crossing. A. Approach Length(estimated) A 50 foot taper on the North side of the crossing and a 50 foot taper on the South side of the crossing,requires 60 tons of HMA material (estimated).Taper length should not exceed 25 feet for each inch of track rise. This work will be completed by(mark with an Aq: ❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces COMPANY contractor M HIGHWAY AUTHORITY'S contractor Page 81 of 140 FRA No: 307173S B. Track Opening in the Roadway (mark with an Aq ❑ Existing track opening will be maintained. ® Track opening of 36 feet will be required involving the following described roadway modifications. Est. HMA tonnage 80 This work will be completed by (mark with an Aq: ❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces ❑ COMPANY contractor ® HIGHWAY AUTHORITY'S contractor 5. Existing Sidewalk(s) and/or Recreational Trail replacement by HIGHWAY AUTHORITY The quadrants requiring upgrades to meet ADA requirements (mark with an Aq: Sidewalk(5'width required) *Ree Trail(10'width) ❑ NE (feet) ❑ SE (feet) ❑ NE (feet) ❑ SE (feet) ❑ NW (feet) ❑ SW (feet) ® NW 16 (feet) ® SW 16 (feet) *Recreational trail footage will be doubled because we use the sidewalk 5'width cost for reimbursement. This work will be completed by (mark with an Aq. ❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces ❑ COMPANY'S contractor ® HIGHWAY AUTHORITY's contractor 6. Crossing(s)Permanently Retired and Removed A. COMPANY will retire and remove crossing(s). B. Voids in pavement will be filled with material requiring (units). This work will be completed by (mark with an Aq. ❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces ❑ COMPANY'S contractor ❑ HIGHWAY AUTHORITY's contractor 7. Drainage (mark with an Aq A. ❑ Present drainage is adequate. B. ® Drainage work required. Specify work to include materials and outlet. C. ® Clean all four(4) quadrants for good surface drainage. Reshape area near signal house and track to improve drainage flow away from quadrant area. 8. Additional Construction and Traffic Control Conditions; i.e.,Road Closure Limitations-Construction at this crossing included with this project,and not described above. Only ACC or PCC will be placed one(1)foot from the railroad surface material. The City trail is not ADA compliant and will relocate the trail closer to the track so we do not have to place 6 additional sets of rubber to cover current location. This will eliminate issues with current layout and sidewalk drainage concerns in SW quadrant. City will also remove the advanced warning sign in the SE quadrant directly in front of signal lights, it is not required to be placed due to intersection location. This has been reviewed twice in the past and has been requested to be removed. City will define roadway edge lines with paint striping and eliminate the HMA wedge area near SE gate location so the signal team can define roadway. This has forced the signal team to place gate/lights back to far for proper visibility. We will move the gate/light in SE closer to roadway meeting MUTCD guidlines during project. State Project Manager: Additional Attendees: Travis Tinken Nick Burwell CN 515-290-5055 (cell phone) Wayne Castles City of Waterloo Name Date Page 82 of 140 https://www.idr.iowa.gov/taxexemption/certificate.asp?id=226835 IOWA Designated Exempt Entity ig %Department of Revenue Iowa Construction Sales Tax Exemption www.iowa.gov/tax Certificate and Authorization Letter This document may be completed by a designated exempt entity and given to their contractor and/or subcontractor. Seller., Keep this certificate in your files. Contractor/Exempt Entity: Keep a copy of this certificate for your records. Do not send this to the Department of Revenue Designated Exempt Entity General Contractor or Subcontractor Name Iowa Department of Transportation Chicago, Central Et Pacific Railway Company Address 1 Address 1 800 Lincoln Way 17641 S Ashland Ave. Address 2 Address 2 City State JZip Code City State Zip Code Ames IIA 1500100000 Homewood, IL 1IL 160430 Construction Project Name Type of Work Surface Crossing Repair 307173S General Contractor Construction Project Number(if used) 307173546. Description of contract/subcontract Highway-Rail Crossing Surface Repair The named contractor/subcontractor may purchase building materials used in the contract, exempt from sales tax. This exemption does NOT apply to materials, equipment and supplies consumed by the contractor or subcontractor that are not incorporated into the re ope //b��eingconstr cfed., Designated Exempt Entity Authorized Agent: �vL ate: o c Authorization Letter From Iowa Department of Transportation CONTRACTORS/SUBCONTRACTORS:A copy of this document must be presented to your supplier(s) prior to purchasing your building materials. Pursuant to Iowa Code Section 423.3(80), you are authorized to purchase building materials tax free for the contract specified above. The exemption certificate (or a copy of the certificate) may be provided to the suppliers of your building materials and will authorize them to sell you the materials exempt from Iowa sales tax and any applicable local option sales tax. Complete information on qualifying materials can be found at www.iowa.gov/tax, the Iowa Department of Revenue (IDR)Web site. It is your responsibility to have records identifying the materials purchased and verifying they were used on this project.Any materials purchased tax-free and not used on this construction project are subject to sales and applicable local option tax. Should this occur, the tax must be paid directly by you to IDR in the same calendar quarter the project is completed. E-mail the department at: idr@lowa.gov if you have questions on this requirement. Contractors should be aware that use of the certificate to claim exemption from tax for items not used on this project or that do not qualify for exemption could result in civil or criminal penalties. 31-013(12/10/02) 1 of 1 PO 60'CA URM Operations Special Capital Project Estimate Design and Construction CN Homewood, IL Southern Region NEW RUBBER @ BURTON AVE 3071735 Labor $66,692 Location: BURTON AVE Material $84,283 Company Name: Chicago,Central&Pacific Railroad Company Other $104,093 Subdivision Name: WATERLOO Total Capital Cost $255,068 Mile Post: 277.62 PW Material $0 State: IA Donation -$204,054 Survey Network Number: TOTAL PROJECT COST $51,014 Track Network Number: Created By: NW BURWELL Signal Network Number: Revised By: NW BURWELL Buy American Certification Required? No Created Date: August 21,2019 Agency: Iowa MOW DOT Date Revised: July 14,2020 Labor Additive Type: Agency/CN Approved Status: Preliminary Description GANG SIZE DAYS MANDAYS PRICE TOTAL LABOR Unload/Distribute Material 5 2 10 $330 $3,300 Construct Track 5 3 15 $330 $4,950 Surfacing 3 3 9 $330 $2,970 Welding 2 4 8 $330 $2,640 Install Crossings 7 2 14 $330 $4,620 S&C Labor 2 4 8 $330 $2,640 Remove Crossings 5 2 10 $330 $3,300 TOTAL DIRECT LABOR MD: 74 $24,420 Description TOTAL MATERIAL New Rail $9,891 Field Welding $735 Track Spikes $509 Rail Anchors $1,118 Track Ties $29,182 Ballast $4,747 Crossing Materials $32,937 Signal&Communications Material $1,150 Subtotal New/Capitalized Material $80,269 TOTAL DIRECT MATERIAL $80,269 Description UM CITY PRICE TOTAL OTHER Engineering Total Engineering $0 Real Estate Total Real Estate $0 Grading Install Pavement LS 1 $39,937 $39,937 Remove Pavement TON 126 $31 $3,906 Total Grading $43,843 Contractor Track Construction Mobilization/R&R track panel LS 1 $24,000.00 $24,000 Total Contractor Track Construction $24,000 Utilities Total Utilities $0 Signal and Communications Total signal and Communications $0 Bridge&Structures Total Bridge&Structures $0 Hauling/Disposal Offsite Disposal of Debris LS 1 $5,000 $5,000 Total Hauling/Disposal $5,000 Miscellaneous Per Diem(BMWE Labor) MD 66 $87 $5,742 Per Diem(S&C Labor) MD 8 $140 $1,120 Contingency SUM 10% $231,880 $23,188 Page 1 Page 84 of 140 Operations Special Capital Project Estimate Design and Construction CN Homewood, IL Southern Region NEW RUBBER @ BURTON AVE 3071735 Holland Flash Butt Welding EA 2 $600.00 $1,200 Total Miscellaneous $31,250 TOTAL OTHER $104,093 Description I UM CITY PRICE TOTAL ADDITIVES Labor Capitalized Surcharges USD $24,420 173.10% $42,272 Material Capitalized Surcharges USD $80,269 5.00% $4,014 TOTAL ADDITIVES $46,286 DONATION IAmount TOTAL Donation USD 1 $204,054 -$204,054 TOTAL DONATION -$204,054 TOTAL CAPITAL COST $255,068 TOTAL NON-CAPITALIZED COST(PW MATERIALS) $0 TOTAL DONATION -$204,054 TOTAL PROJECT COST $51,014 MATERIAL FORECAST FOR: Material Description State Tax UM QTY Unit Price Total NEW RAIL RAIL 115 LB ALL MANUF/METAL/PROCESS 0.00% FT 480 $20.60 $9,891 TOTAL NEW RAILI $9,891 FIELD WELDING THERMITE KIT 115# 0.00% EA 8 $91.82 $735 TOTAL FIELD WELDING $735 TRACK SPIKES SPIKE TRACK 5/81N X 61N AREMA 60 PER CAN 0.00% CAN 11 $46.20 $509 TOTAL TRACK SPIKES $509 RAIL ANCHORS ANCHOR RAIL 115#HD OVR DRV STOP TS1313 0.00% EA 625 $1.79 $1,118 TOTAL RAIL ANCHORS $1,118 TRACK TIES Tie,Pre-pltd,11ft w/6in base cast tp 0.00% EA 156 $187.06 $29,182 TOTAL TRACK TIES $29,182 BALLAST BALLAST AREA 5 0.00% TN 240 $19.78 $4,747 TOTAL BALLAST $4,747 CROSSING MATERIALS CROSSING RECYCLED RUBBER 115#10'TIES 0.00% EA 120 $244.13 $29,297 Clip,Pandro1,E2055,Galvn, 0.00% EA 640 $4.07 $2,605 DEFLECTOR PLATE SET 0.00% EA 2 $517.23 $1,035 TOTAL CROSSING MATERIALS $32,937 Signals&Communications Materials 5&C MATERIALS(Per S&C Dept Estimate) 0.00% LS 1 $1,150.00 $1,150 TOTAL SIGNAL&COMMUNICATIONS $1,150 V.4.5 TOTAL MATErl $80,269 Page 2 Page 85 of 140 U a U F 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 F 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 O N V01 O NO N O O Op O OO O t000 O O p Wp ill (J o W O H 0p — P- 8 OO O V N O n p l9 Qi Z 0 u n 0 0 0 0 0 0 0 0 . 0 0 0 0 0 . . . F o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ry o 0 H G G G G O G G G O G O O O O G C tG ri G C O � O N h t�0 Obi N h�O O 001 M M N A N z �� 0 � a m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N o 0 0 0 0 0 0 o c o 1c o c o O o 0 0 0 �c m'� ry m e a ry ry m n a m'�m n u vs +n p z e O 3 G0 z vi U F o0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. y o . 0 0 0 0 oiv oo W o o 00 Ica o0 00 0 0 0 0 o c o1c oc O O O h F L � UxOF W U F i F.. 0o 0 00 0 00 00 00 0 0 0 0 0 0 0 0o x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o �o �D va, a`O 000 N o oN� o v W"rOg _ W W O F L w oo 0000000000 0 0 0 0 0 0o U W O,x� 0 0 0 0 0 0 0 0 0 U, o 0o v10 0 0 o c -1c -c 'xQUQ U d L �La0. L wzwca. dG.00.'a, p FBF WFOF �U6W OL ZO o v,o � 0 00 o nN nc U� vii � riO�FFrF po 000 e1co00� oN � 0 0 omomo �w�wF - fnry o00 o N o10 O>w WMI E z c5xc5r . . Yc*� � tiv� a .. . Y Y Y . .QQQv. � � � a� av� W[Wi,W f z�� € aU. a0. 10v-i 4U W O V L Uj Q � e OE"Qx; W z F4 k � UvFi vFi vFi U � �ti �F z�E O 4 cG 94 Q L` w w w mF rzc �o l OZ u v h za � 0. m W F F F W vi OF: 7U A 0. F Lv' W F c W 0-u Ua x X L vzgw �a� o a wL F w q a � F zFaz �ca Hca ca 3 zqo x�Qz°i yy y y y wy Qo,az: Wx � axzxc`4ixc`4x ca73 > Qw �WoE �'ap� F U F F F4 F F F Q 9 r � � 03wwOw Uw� w�' w�' w pp�� UF" 0. L� X�aOC LC h h LC h A L4 LC L4 h L4 N L4 v1 L4 v1 L4 U U U L4 F W�^'zz L O U 7 Q N v rnto— Page _ _ _ _ _ _ z U F 86 of 140 STATE COST SUMMARY Project Info Date: September 16, 2020 Estimate: NEW RUBBER @ BURTON AVE 307173S Location: BURTON AVE Company Name: Chicago, Central & Pacific Railroad Company Subdivision Name: WATERLOO Mile Post: 277.62 Project Estimate Labor $61,548 Material $84,283 Equipment $5,143 Approach Work $0 Other $104,094 Project Total $255,068 State Cost (80%): $204,054 CN Cost (20%): $51,014 Page 1 Page 87 of 140 CITY OF WATERLOO Council Communication Resolution to consent and agree to the assignment and transfer of City Contracts with Ament Inc., to Willet Hoffinan Inc., who has purchased Ament Inc., and authorizing the Mayor to execute said document. City Council Meeting: 10/5/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type ❑ consent to assignment Ament Inc Backup Material Resolution to consent and agree to the assignment and transfer of City SUBJECT: Contracts with Ament Inc., to Willet Hoffinan Inc., who has purchased Ament Inc., and authorizing the Mayor to execute said document. Submitted by: Submitted By:Mohammad Elahi, Traffic Engineer Recommended Action: Approve Resolution. Since the new company has purchased Ament, the City agrees to Ament's contracts being transferred to the new company, to include the following 3 Contracts: 1) Downtown Fiber Optic and Camera project, Iowa DOT Project Number STBG-SWAP- 8155(769�—SG-07, City Project Number TOF- 234, dated March 11, 2020. Summary Statement: 2)Ansborough Avenue Improvements, Iowa DOT Project Number STP- A-8155(757)-87- 06; City project Number TOF-282, dated, January 27,2020. 3) West Ridgeway Avenue at Greyhound Drive– Traffic Safety Improvements, City Project Number TOF-288-CE, dated July 14, 2020. Ament Design team, their address, the contracts terms and provisions, and the costs remain unchanged. Expenditure Required: none Source of Funds: n/a Policy Issue: n/a Ament has elected to enter into an Asset Purchase Agreement for the sale Background Information: substantially all ofAment's assets to Willett Hoffinann&Associates Inc. in the foreseeable future. Page 88 of 140 CONSENT TO ASSIGNMENT WHEREAS, the City of Waterloo, IA and Ament, Inc. ("Ament"), entered into the following contract(s): • Downtown Fiber Optic and Camera project, Iowa DOT Project Number STBG-SWAP- 8155(769)—SG-07, City of Waterloo Project Number TOF-234, dated March 11, 2020 (the "Contract(s)"). • Ansborough Avenue Improvements, Iowa DOT Project Number STP-A-8155(757) 87- 06; Agreement Number 2017-ICAAP-05, dated, January 27, 2020. • West Ridgeway Avenue at Greyhound Drive – Traffic Safety Improvements, dated July 14, 2020. (the "Contract(s)"). WHEREAS, Ament has elected to enter into an Asset Purchase Agreement for the sale substantially all of Ament's assets to Willett Hoffmann & Associates Inc. (the "Buyer"), in the foreseeable future; and WHEREAS, the Buyer desires to assume the Contract(s); THEREFORE, The City of Waterloo, Iowa hereby consents and agrees to the assignment and transfer of the Contract(s) to the Buyer contingent upon the successful consummation of the transaction contemplated in the Asset Purchase Agreement. By: Its: Page 89 of 140 CITY OF WATERLOO Council Communication Resolution approving an Amendment to the Contract with Tyson Fresh Meats, Inc., of Waterloo, Iowa, and the Iowa Economic Development Authority, originally executed November 6, 2017, for High Quality Jobs Program-Tax Credit Component Incentives, to extend the project completion date, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 10/5/2020 Prepared: 9/30/2020 ATTACHMENTS: Description Type ❑ Extension Agreement Backup Material ❑ Tyson Fresh Meats Contract Backup Material Resolution approving an Amendment to the Contract with Tyson Fresh Meats. Inc., of Waterloo, Iowa, and the Iowa Economic Development SUBJECT: Authority, originally executed November 6, 2017, for High Quality Jobs Program-Tax Credit Component Incentives, to extend the project completion date, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Adopt a resolution to approve the contract amendment. The High Quality Jobs program provides qualifying businesses tax credits and direct financial assistance to off-set some of the costs incurred to locate, expand or modernize an Iowa facility. To qualify for this very flexible assistance package that includes loans, forgivable loans, tax credits, exemptions and/or refunds, eligible businesses must meet certain wage Summary Statement: threshold requirements. Tyson is requesting an extension in their timeline to hire employees for their recent expansion. The extension would be for 8 months. Expenditure Required: None Source of Funds: N/A Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with Economic Development. Eligibility Requirements: • A business must meet wage thresholds requirements. • Actual award amounts will be based on the business's level of need; Page 90 of 140 the quality of the jobs; the percentage of created or retained jobs defined as high-quality; and the economic impact of the project. • Created jobs must pay at least 100 percent of the qualifying wage threshold at the start of the project and 120 percent of the qualifying wage threshold by project completion and through the project maintenance period unless in a distressed area. • Retained jobs must pay at least 120 percent of the qualifying wage threshold throughout the project completion and maintenance periods. • The business must provide a sufficient benefits package to all full time employees that includes at least one of the following: • Business pays 80 percent of medical and dental premiums for single coverage plans, OR • Business pays 50 percent of medical and dental premiums for family coverage plans, OR o Business pays for some level of medical and dental coverage Background Information: and provides the monetary equivalent value through other employee benefits. Tax Incentives: • The State's refundable research activities credit may be increased while the business is participating in the program. • A local property tax exemption of up to 100 percent of the value added to the property to a period not to exceed 20 years may be available. • An investment tax credit equal to a percentage of the qualifying investment, amortized over five years. This tax credit is earned when the corresponding asset is placed in service and can be carried forward for up to seven additional years or until depleted, whichever occurs first. • A refund of state sales, service or use taxes paid to contractors or subcontractors during construction. • For distribution center projects, a refund of sales and use taxes paid on racks, shelving, and conveyor equipment. • To assure your addition/expansion can benefit from this program, businesses must apply prior to the beginning of the project. Page 91 of 140 CONTRACT AMENDMENT RECIPIENT: Tyson Fresh Meats, Inc. MASTER CONTRACT#: 18-TC-018 AMENDMENT #: 1 EFFECTIVE DATE: September 18, 2020 THIS CONTRACT AMENDMENT is made by and among the IOWA ECONOMIC DEVELOPMENT AUTHORITY, (hereafter "IEDA"), 1963 Bell Avenue, Suite 200, Des Moines, IA 50315, an agency of the State of Iowa, Tyson Fresh Meats, Inc. ("Recipient'), 2200 Don Tyson Parkway (CP131), Springdale, AR 72762, and City of Waterloo ("Community"), 715 Mulberry St., Waterloo, IA 50703. WHEREAS, Recipient, has requested to extend the Project Completion Date, and WHEREAS, the IEDA BOARD approved an extension, effective as of the Effective Date stated above, and NOW, THEREFORE, the Contract referenced above is amended as follows: 1. REVISION OF EXHIBIT D; "JOB OBLIGATIONS." Exhibit D is amended to revise the Project Completion Date. Details of this change are reflected in the attached Revised Exhibit D which is hereby incorporated by this reference and made a part of this Contract Amendment. FOR RECIPIENT: FOR IEDA: J,a,vt;�aA SIGN RE C Deborah V. Durham, Director Sr. Director Tax PRINT/TYPE NAME, TITLE DATE 09/23/2020 DATE FOR COMMUNITY: SIGNATURE PRINT/TYPE NAME, TITLE DATE Page 92 of 140 EXHIBIT D—JOB OBLIGATIONS Amended September 2020 Recipient: Tyson Fresh Meats, Inc. Community: City of Waterloo Contract Number: 18-TC-018 This Project has been awarded Project Completion Assistance and Tax Incentives from the High Quality Jobs Program (HQJP) —Tax Credit Component. The chart below outline the contractual job obligations related to this Project. Data in the"Employment Base"column has been verified by IEDA and reflects the employment characteristics of the facility receiving funding before this award was made. Jobs to be retained as a part of this Project must be included in these calculations. Data in the"Jobs To Be Created"column outlines the new full-time jobs(including their wage characteristics)that must be added to the employment base and,if applicable,statewide employment base as a result of this award. At the Project Completion Date and through the Maintenance Period Completion Date,the Recipient must achieve,at a minimum,the numbers found in the"Total Job Obligations"column. HQJP JOB OBLIGATIONS 1 Employment Jobs Total Project Completion Date: September 30 202 I Base ITo Be Created I Job May 31, 2021 Obligations Maintenance Period Completion Date: September 30 2022 May 31, 2023 Total employment at project location 2,892 245 3,137 F--Average wage of total employment at project location $17.52 Qualifying Laborshed Wage threshold requirement(per hr) $17.29 (100%) Number of jobs at or above qualifying wage I 642 245 887 Average Wage of jobs at or above qualifying wage $23.31 Notes re:Job Obligations 1. When determining the number of jobs at or above the qualifying wage,wages will include only the regular hourly rate that serves as the base level of compensation.The wage will not include nonregular forms of compensation such as bonuses,unusual overtime pay,commissions,stock options,pension,retirement or death benefits,unemployment benefits or other insurance,or other fringe benefits. 2. Employment Base includes 0"Retained Jobs". If the Recipient uses or proposes to use a non-standard work week(8 hours a day, 5 days a week, 52 weeks a year including holidays,vacation and other paid leave), check the box below and describe that alternative schedule. The alternative schedule must meet the requirements of 261 IAC 173.2. If the box is not checked or if no alternative schedule is provided, IEDA will consider"Full-time Equivalent(FTE) Job"to mean the employment of one person for 8 hours per day for a 5-day,40- hour workweek for 52 weeks per year, including paid holidays,vacations and other paid leave. ❑ The Recipient shall use an alternative work week for purposes of its employees described in the Contract. The alternative work week is as follows: [description]. Sufficient Benefits Deductible Requirements. Recipient shall provide Sufficient Benefits with a maximum deductible of$1,250 for single coverage or $2,500 for family coverage. Page 93 of 140 ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT BY TYSON FRESH MEATS, INC., THE CITY OF WATERLOO, I AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY CONTRACT NUMBER: 18-TC-018 i E I E �y Page 94 of 140 TABLE OF CONTENTS ARTICLE 1: CONTRACT DURATION ARTICLE 2: DEFINITIONS ARTICLE 3: A WARD TERMS ARTICLE 4: CONDITIONS TO DISBURSEMENT OF FUNDS AND ISSUANCE OF TAX CREDIT NUMBER;DISBURSEMENT TERMS ARTICLE 5: SECURITY REQUIREMENTS ARTICLE 6: REPRESENTATIONS AND WARRANTIES ARTICLE 7: COVENANTS OF THE RECIPIENT ARTICLE 8: COVENANTS OF THE COMMUNITY ARTICLE 9: EVENTS OF DEFAULT;NOTICE AND OPPORTUNITY TO CURE;AND REMEDIES AVAILABLE TO IEDA ARTICLE 10: MISCELLANEOUS CONTRACT EXHIBITS Exhibit A- Recipient's Financial Assistance Application(on file with IEDA),Application# 18-HQJTC-018 Exhibit B-1 High Quality Jobs Program-Tax Credit Special Conditions Conditions Exhibit C- Description of the Project and Award Budget Exhibit D- Job Obligations Exhibit E- Reserved Exhibit F- Reserved Contract#18-TC-018 -2- rntlApP,oved 12•'20: Page 95 of 140 Economic Development Assistance Contract RECIPIENT: TYSON FRESH MEATS, INC. COMMUNITY: CITY OF WATERLOO t CONI RACT NUMBER: 18-TC-018 AWARD DATE: SEPTEMBER 22, 2017 AWARD AMT.—TAX INCENTIVES $2,396,535 �I This ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT (Contract) is made as of the Contract Effective Date by the Iowa Economic Development Authority (IEDA or Authority), 200 East Grand Avenue,Des Moines,IA 50309,and Tyson Fresh Meats,Inc. (Recipient),2200 Don Tyson Parkway F (CP131), Springdale, AR 72762 and the City of Waterloo (Community), 715 Mulberry St.,Waterloo,IA 50703. WHEREAS,the Recipient submitted an application to IEDA requesting assistance in financing its Project as more fully described in Exhibit C,Description of the Project and Award Budget(the Project); and WHEREAS, the Iowa Economic Development Authority Board (IEDA Board) awarded the Recipient assistance for the Project from the funding sources identified herein(collectively,the Award),all of which are subject to the terms and conditions set forth herein;and NOW THEREFORE,in consideration of the mutual promises contained herein and intending to be legally bound,the Recipient,the Community and IEDA agree to the following terms: E 4 Contract 18-TC-018 - - FinlApproved121201-1 s e Page 96 of 140 F ARTICLE 1: CONTRACT DURATION This Contract shall be in effect on the Contract Effective Date and shall remain in effect until after completion of each of the following: (a) Through Project Completion Date. Through the Project Completion Period and for a reasonable period of time after Project Completion Date during which IEDA will conduct Project closeout procedures to verify that the Project was completed in compliance with Contract requirements. (b) Through Maintenance Period Completion Date and Contract Closeout. Through the Maintenance Period Completion Date and for a reasonable period of time after Maintenance Period Completion Date during which IEDA will conduct closeout procedures to verify that the Project was maintained in compliance with Contract requirements. (c) Repayment or Payment Obligation. Until all outstanding amounts due to IEDA,if any,are received by IEDA or all outstanding obligations to IEDA are satisfied in full. (d)Contract End Date. Until IEDA has completed Contract closeout procedures and provided Recipient and Community with written Notice of Final Contract Closeout.This Contract shall terminate as of the date stated in the written Notice of Final Contract Closeout. Such date shall be the Contract End Date. ARTICLE 2: DEFINITIONS The following terms apply to this Contract: "Affiliate"means any entity to which any of the following applies: a.Directly,indirectly,or constructively controls another entity. b. Is directly,indirectly or constructively controlled by another entity. c. Is subject to the control of a common entity.A common entity is one which owns directly or individually more than ten percent of the voting securities of the entity. Award"means any and all assistance provided by IEDA for the Project under this Contract. Award Date"means the date first stated in this Contract and is the date the IEDA Board approved the award of financial assistance to the Recipient for the Project. "Award Funds" means the cash that is provided by IEDA for this Project as Project Completion Assistance,including loans. "Base Employment Level" means the number of Full-Time Equivalent positions as established by IEDA and Recipient using Recipient's payroll records, as of the date Recipient applied for Tax Incentives or Project Completion Assistance. The number of jobs Recipient has pledged to create and retain shall be in addition to the Base Employment Level. "Benefits" means nonwage compensation provided to an employee. Benefits include medical and dental insurance plans, pension, retirement, and profit-sharing plans, child care services, life insurance coverage,vision insurance coverage,and disability insurance coverage. "Brownfield site" means an abandoned, idled, or underutilized property where expansion or redevelopment is complicated by real or perceived environmental contamination.A brownfield site includes property contiguous with the site on which the property is located. A brownfield site does not include property which has been placed, or is proposed for placement, on the national priorities list established Conti-act#d 18-TC-018 -4- FinaAppraved 12/2014 Page 97 of 140 pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42, U.S.C.9601 et seq. In order to administer similar programs in a similar manner,the IEDA will attempt to apply this definition in substantially the same way as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294 and may consult members of the council or other staff as necessary. "Contract Effective Date"means the latest date on the signature page of this Contract. "Contract End Date" means the date stated in the Notice of Final Contract Closeout issued by IEDA pursuant to Article 1. "Created.rob" :means a new, permanent, Full-Time Equivalent (FTE) position added to Recipient's payroll in excess of the Base Employment Level at the time of application for Tax Incentives or Project Completion Assistance. "Full-Tune Equivalentjob,""FTE,"or `full-time"means the employment of one person: 1. For 8 hours per day for a 5-day,40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave;or 2. The number of hours or days per week, including paid holidays, vacations and other paid leave, k currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual performs for an employing unit,provided that the number of hours per week is at least 32 hours per week for 52 weeks per year including paid holidays,vacations,and other paid leave. For purposes of this definition, "employment of one person" means the employment of one natural person and does not include "job sharing" or any other means of aggregation or combination of hours worked by more than one natural person. I "Grayfield site"means a property meeting all of the following requirements: a. The property has been developed and has infrastructure in place, but the property's current use is outdated or prevents a better or more efficient use of the property. Such property includes vacant, blighted, I obsolete,or otherwise underutilized property. b. The property's improvements and infrastructure are at least twenty-five years old and one or more 3 of the following conditions exists: (1)Thirty percent or more of a building located on the property that is available for occupancy has been vacant or unoccupied for a period of twelve months or more. (2) The assessed value of the improvements on the property has decreased by twenty-five percent or more. (3)The property is currently being used as a parking lot. (4)The improvements on the property no longer exist. c. The Authority will attempt to apply this definition in substantially the same manner as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294. "Job Obligations" means the jobs that must be created or retained as a result of receipt of state or federal financial assistance, Project Completion Assistance, or Tax Incentives from IEDA and that are required to meet the Qualifying Wage Threshold requirements. Recipient's Job Obligations are specified in Exhibit D of this Contract.Jobs that do not meet the Qualifying Wage Threshold requirements shall not be counted toward Recipient's job creation or job retention obligations contained in Exhibit D. The Job f Obligations in Exhibit D include Recipient's Base Employment Level and the number of new jobs required to be created above the Base Employment Level. "Laborshed Wage" means the Qualifying Wage Threshold applicable to Recipient's Project as calculated pursuant to rule 261 IAC 173.2 and 261 IAC chapter 174 and as specified in Exhibit D of this Contract. Contract#18-TC-018 -5- Fm1Approv dJ2/2014 E f E Page 98 of 140 "Loan"means an Award of assistance with the requirement that the Award be repaid with tenn,interest rate,and other conditions specified as pant of the conditions of the Award."Loan"includes deferred loans, forgivable loans,and float loans.A"deferred loan" is one for which the payment for principal,interest, or both,is not required for some specified period.A"forgivable loan"is one for which repayment is eliminated in pant or entirely if the borrower satisfies specified conditions.A"float loan"means a short-term loan,not to exceed 30 months,made from obligated but unexpended moneys. "Maintenance Period" means the period of time between the Project Completion Date and the Maintenance Period Completion Date.The Project must be maintained in Iowa for this period of time. "Maintenance Period Completion Date"means the date on which the Maintenance Period ends. The specific date on which the Maintenance Period ends is identified in Exhibit D. "Person"means as defined in Article 6.I(g)of this Contract. "Project"means the description of the work and activities to be completed by the Recipient as outlined in Exhibit C-Description of the Project and Award Budget. "Project Completion Assistance" means financial assistance or technical assistance provided to an eligible business in order to facilitate the start-up, location,modernization, or expansion of the business in this state and provided in an expedient manner to ensure the successful completion of the start-up location, modernization,or expansion project. "Project Completion Date" means the date by which the Recipient of incentives or assistance has agreed to meet all the terms and obligations contained in this Contract. The Project Completion Date will be a date by which the project must be completed, all incepted jobs must be created or retained, and all other applicable requirements must be met. The specific date on which the project completion period ends is identified in Exhibit D. "Project Completion Period" means the period of time between the Award Date and the Project Completion Date. "Qualifying Jobs" are those Created or Retained Jobs that meet or exceed the Qualifying Wage Threshold Requirement established to qualify for program funding for the programs providing assistance to this Project. "Qualifying Wage Threshold" means the L.aborshed Wage as calculated by IEDA pursuant to statute and rule for each program under which financial assistance or Tax Incentives for this Project are awarded. The Qualifying Wage Threshold Requirement for this Project is outlined in Exhibit D,Job Obligations. "Recipient's Employment Base" means the number of jobs as stated in Exhibit D—Job Obligations that the Recipient and IEDA have established as the Base Employment Level for this Project. The number of jobs the Recipient has pledged to create shall be in addition to the Recipient's Employment Base. "Retained Job" means an existing job that meets the Qualifying Wage Threshold Requirements and would be eliminated or moved to another state if the Project did not proceed in Iowa. "Sufficient Bene fts" means that Recipient offers to each Lull-Time Equivalent permanent position a benefits package that meets one of the following: 1. Recipient pays 80 percent of the premium costs for a standard medical plan for single employee coverage with the maximum deductible specified for this project in Exhibit D;or Contract#18-TC-018 -5- rMl Approved 12/,!f,'-1 Page 99 of 140 2. Recipient pays 50 percent of the premium costs for a standard medical plan for employee family coverage with the maximum deductible specified for this project in Exhibit D;or 3.Recipient provides medical coverage and pays the monetary equivalent of paragraph"1"or"2"above in supplemental employee benefits. Benefits counted toward monetary equivalent could include medical coverage, dental coverage, vision insurance, life insurance, pension, retirement, 401k, profit sharing, disability insurance,and child care services. "Tax Incentives"means the tax credits,refunds, or exemptions IEDA has awarded for this Project as detailed in Article 3. "Total Project Cost"means the cost incurred by the Recipient to complete the Project as described in Exhibit C. ARTICLE 3:AWARD TERMS I 3.1 Total Award Amount. The IEDA Board has approved an Award to the Community and Recipient from the funding sources and in the maximum amounts shown below: E TAX INCENTIVES FORM MAXIMUM AMOUNT High Quality Jobs Program Tax Incentives $2,396,535 TOTAL,STATE TAXINCENTIVES. $2,396,535 3.2 Terms and Conditions of Award. The terms and conditions of the Award shall be as described in this Contract and the following incorporated exMbit(s): Exhibit B-I High Quality Jobs Program--Tax Credit Component Special Conditions ARTICLE 4: CONDITIONS TO AWARD;DISBURSEMENT AND ISSUANCE TERMS E� 4.1 Direct State Financial Assistance--Disbursements of Award Funds. E (a) Conditions to Disbursement.The obligation of IEDA to disburse funds under this Contract shall be subject to the conditions described in this Article 4. E (b) Process to Request Disbursement of Award Funds. Recipient shall prepare, sign and submit disbursement requests and reports as specified in this Contract in the form and content required by IEDA_ Recipient shall verify that claimed expenditures are allowable costs. The Recipient shall maintain documentation adequate to support the claimed costs. (c)Documents Submitted.Funds will not be disbursed until IEDA has received the documents described in section 4.3 below as well as the following additional documents, properly executed and completed and approved by IEDA as to form and substance: I I� 1. Security Documents.The fully executed Security Documents required in Article 5, 2. Promissory Note(s).The Promissory Note(s)required and described in the exhibit(s). Contract#18-TC-01 8 -7- F?wApproved 7212014 s €r Page 100 of 140 3. Requests for Disbursement. All disbursements of Award Funds shall be subject to receipt by the IEDA of requests for disbursement,in form and content acceptable to IEDA,submitted by the Recipient. All requests shall include documentation of costs that have been paid or costs to be paid immediately upon receipt of Award proceeds. (d)Prior Costs. No expenditures made prior to the Award Date may be included as Project costs.No funds will be disbursed for expenditures prior to the Award Date. (e) Cost Variation. In the event that the actual cost of the Project is less than the Total Project Cost specified in Exhibit C, the Award Funds specified in Article 3.1 shall be reduced at the same ratio as the reduction in the actual cost of the Project bears to the Total Project Cost specified in Exhibit B. Any funds previously disbursed by IEDA in excess of the reduced Award Funds to be provided by IEDA shall be returned to IEDA immediately upon receipt by Recipient of a written request by IEDA for repayment. (f) Investment of Award Funds. 1. In the event that the Award Funds are not immediately utilized,temporarily idle Award Funds held by the Recipient may be invested, provided that such investments shall be in accordance with State law,including but not limited to the provisions of Iowa Code chapter 12C concerning the deposit of public fiulds. Interest accrued on temporarily idle Award Funds held by the Recipient shall be credited to and expended on the Project prior to the expenditure of other Award Funds. 2. Within ten(10) days of receipt of a written request from IEDA,Recipient shall infonn IEDA in writing of the amount of unexpended Award Funds in the Recipient's possession or under the Recipient's control, whether in the form of cash on band,investments,or otherwise. Recipient shall return to IEDA all unexpended Award Funds remaining, including accrued interest,after all allowable Project costs have been paid or obligated within thirty(30)days after the Project Completion Date. 4.2 Tax Incentives—Conditions to Issuance of Tax Credit Number. (a) Tax Credit Number Required to Claim Incentives. Recipient shall not claim the Tax Incentives described in Article 3 until IEDA has issued a tax credit number for this Project and Recipient has undertaken the activities described in this Contract and the applicable law to be eligible for such Tax Incentives. (b) Issuance of Tax Credit Number. Upon satisfaction of the conditions described herein, IEDA will issue a tax credit number to the Recipient for this Project.The tax credit number shall be used in preparing any claims for Tax Incentives. (c)Conditions to Issuance of Tax Credit Number. The obligation of TEDA to issue a tax credit number shall be subject to the conditions precedent described in Article 4. (d)Documents Submitted. IEDA shall have received the documents described in section 4.3, properly executed and completed, and approved by IEDA as to form and substance,prior to issuing any tax credit number. 4.3 Documents required. (a) Contract. Fully executed Contract. (b) Incorporation Documents. Copies ofthe Articles of Incorporation or the Articles of Organization, whichever is appropriate,of the Recipient,certified in each instance by its secretary or assistant secretary. Contract 4 18-TC-018 -8- Fm1 Approved t 2.2017 Page 101 of 140 (c) Certificate of Existence, Certificate of Authority. A certificate of existence for the Recipient from the State of incorporation or organization, whichever is appropriate, and a certificate of authority authorizing the Recipient to conduct business in the state of Iowa,if it is not organized or incorporated in Iowa. i (d) Results of Lien and Tax Search and Documentation of Satisfactory Credit History. Financing statement, tax and judgment lien search results, in the Recipient's state of incorporation or organization, against the Recipient and/or the property serving as the Recipient's security under this Contract, and documentation of satisfactory credit history of the Recipient and guarantors, as applicable, with no judgments or unsatisfied liens or similar adverse credit actions. (e) Other Required Documents. Such other contracts, instruments, docurnents, certificates and opinions as IEDA may reasonably request. i I� (f) Solid or Hazardous Waste Audit. To comply with Iowa Code section 15A.1(3)"b,"if the Recipient generates solid or hazardous waste, it must either: a) submit a copy of the Recipient's existing in-house plan to reduce the amount of waste and safely dispose of the waste based on an in-house audit conducted within the past 3 years; or b) submit an outline of a plan to be developed in-house; or c) submit documentation that the Recipient has authorized the Iowa Department of Natural Resources or Iowa Waste Reduction Center to conduct the audit. (g) Release Form Confidential Tax Information. A signed Authorization for Release of Confidential State Tax Information form to permit IEDA to receive the Recipient's state tax information directly from t the Iowa Department of Revenue for the purpose of evaluation and administration of Tax Incentives and other state financial assistance programs. (h) Project Financial Commitments. The Recipient shall have submitted documentation acceptable to IEDA from the funding sources identified in Exhibit A committing to the specified financial involvement in the Project and received the IEDAs approval of the documentation.The documentation shall include the amount, terms and conditions of the financial commitment, as well as any applicable schedules and may include agreements and resolutions to that effect. (i) State Building Code Bureau Approval. If any part of the Award proceeds will be used for the construction of new buildings and if any of the following applies: 1.The building or structure is located in a governmental subdivision which has not adopted a local building code;or 2.The building or structure is located in a governmental subdivision which has adopted a I building code,but the building code is not enforced;or 3. Bidding for construction shall not be conducted prior to obtaining written approval of the final plans by the State Building Code Bureau of the Iowa Department of Public Safety. 4.4 Suspension.Reduction or Delav of Award.Any one or more of the following shall be grounds for IEDA to suspend,delay or reduce the amount of disbursement of Award Funds or delay the issuance of a tax credit number or receipt of Tax Incentives: (a) Unremedied event of default. Upon the occurrence of an Event of Default, as defined in this Contract, by the Recipient, IEDA may suspend payment or issuance of the Award to the Recipient until such time as the default has been cured. (b) Layoff, closure or relocation. In the event the Recipient experiences a layoff within the state of Iowa, relocates or closes any of its Iowa facilities IEDA has the discretion to reduce or eliminate some or Contract#18-TC-01 S -9- r•,urnppro ped 121201-1 i i Page 102 of 140 z 3 all of the Award. (c) Reduction, discontinuance or alteration of state funding/programs. Any termination,reduction, or delay of funds or Tax Incentives available due, in whole or in part, to (i) lack of, reduction in, or a. deappropriation of revenues or Tax Incentives previously appropriated or authorized for this Contract, or (ii) any other reason beyond the IEDA's control may, in the IEDA's discretion, result in the suspension, reduction or delay of Award Fund or authorization or issuance of Tax Incentives to the Recipient. 4.5 Closing Cost Fee.Upon execution of the contract and prior to the issuance of a tax credit number or the disbursement of Award Funds,an eligible business sball remit to the Authority a one-time compliance cost fee in the amount of$500. ARTICLE 5: RE,SERVED. ARTICLE 6: REPRESENTATIONS AND WARRANTIES 6.1 Representations of Recipient. The Recipient represents and warrants to IEDA as follows: (a) Organization and Qualifications. The Recipient is duly organized, validly existing and in good standing under the state of its incorporation or organization,whichever is appropriate, and is authorized to conduct business in the state of Iowa. The Recipient has full and adequate power to own its property and conduct its business as now conducted, and is duly licensed or qualified and in good standing in each jurisdiction in which the nature of the business conducted by it or the nature of the property owned or leased by it requires such licensing or qualifying,except where the failure to so qualify would not have a material adverse effect on the Recipient's ability to perform its obligations hereunder. (b)Authority and Validity of Obligations. The Recipient has full right and authority to enter into this Contract.The person signing this Contract has full authority on behalf of Recipient to execute this Contract and issue,execute or otherwise secure or deliver any documents or obligations required under this Contract on behalf of the Recipient,and to perform,or cause to be performed, each and all of the obligations under the Contract. The Contract delivered by the Recipient has been duly authorized,executed and delivered by the Recipient and constitutes the valid and binding obligations of the Recipient and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order, or decree binding upon the Recipient or any provision of the corporate governance documents of the Recipient,nor does this Contract contravene or constitute a default under any covenant,indenture or contract of or affecting the Recipient or any of its properties. (c) Affiliates, The Recipient has no Affiliates involved with the Project on the Contract Effective Date. (d) Financial Reports.The consolidatedbalance sheet of Tyson.Foods,Inc.and Subsidiaries,which includes the Recipient,furnished to IEDA fairly presents its financial condition as of said date and is in confornuty- with Generally Accepted Accounting Principles (GAAP) applied on a consistent basis. The Recipient has no contingent liabilities which are material to it,other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished to IEDA. (e) No Material Adverse Change. Since the Award Date,there has been no change or the Recipient foresees no change in the condition (financial or otherwise) of the Recipient or the prospects of the Recipient, except those occurring in the ordinary course of business,none of which individually or in the Contract#18-TC-018 -10- FwApproved12:1'0' Page 103 of 140 aggregate has been materially adverse. To the knowledge of the Recipient, there has been no material adverse change in the condition of the Recipient,financial or otherwise, or the prospects of the Recipient, (f) Full Disclosure; Recipient's Financial Assistance Application. The statements and other information furnished to the IEDA by Recipient in its Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The JEDA acknowledges that, as to any projections furnished to the IEDA, the Recipient only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (g) Trademarks, Franchises and Licenses. To the best of its knowledge,the Recipient owns,possesses, or E? has the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights, trade secrets, knowhow and confidential commercial and proprietary information to conduct its business as now conducted, without a known material conflict with any patent, license, franchise, trademark, trade name, trade style, copyright or other proprietary right of any other Person. As used in this Contract, "Person" means an individual, partnership, corporation, association, trust, unincorporated organization or any other entity or organization,including a government or agency or political subdivision thereof: (h) Governmental Authority and Licensing The Recipient has received all licenses, permits, and approvals of all Federal,state,local,and foreign governmental authorities,if any,necessary to conduct its business, in each case where the failure to obtain or maintain the same could reasonably be expected to have a material adverse effect.No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Recipient,threatened. (i) Litigation and Other Controversies. There is no litigation or governmental proceeding pending,nor to the knowledge of the Recipient,threatened,against the Recipient which,if adversely determined would result in any '= material adverse change in the financial condition,properties,business or operations of the Recipient, nor is the Recipient aware of any existing basis for any such litigation or governmental proceeding. (j) Good Title. The Recipient has good and defensible title to or valid leasehold interests in all of its property involved with the Project including,without limitation,the Secured Property if real property is a security for this Contract reflected on the most recent balance sheets furnished to the IEDA,except for sales of assets in the ordinary course of business. i (k) Taxes. All tax returns the Recipient is required to file in any jurisdiction have, in fact,been filed, and all taxes,assessments,fees and other governmental charges upon the Recipient or upon any of its property,income or franchises, which are shown to be due and payable in such returns, have been paid, except such taxes, assessments, fees and governmental charges, if any, which are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and as to which adequate reserves established in accordance with GAAP have been provided. The Recipient knows of no proposed additional tax assessment against it for which adequate provisions in accordance with GAAP have not been made on its accounts.Adequate provisions in accordance with GAAP for taxes on the books of the Recipient have been made for all open years, and for their current fiscal period. i (1) Other Contracts. The Recipient is not in default under the terms or any covenant, indenture or contract of or affecting the Recipient's business or any of its properties,which default,if uncured,would have a material adverse effect on its financial condition,properties,business or operations. (m) No Event of Default. No Event of Default,as defined in Article 9,has occurred or is continuing. (n) Compliance with Laws. The Recipient is in compliance with the requirements of all federal,state t and local laws,rules and regulations applicable to or pertaining to the business operations of the Recipient and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous Contract#18-TC-018 -11- FMIApproved 12/2014 i Page 104 of 140 �3 wastes or substances,non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. Other than what was disclosed in the Affidavit submitted as an attachment to the Financial Assistance Application,the Recipient has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties,business or operations of the Recipient. (o)Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Corftact Effective Date and shall be deemed to be renewed and restated by the Recipient at the time each request for disbursement of Award Funds is submitted to IEDA or each time Tax Incentives are claimed by the Recipient. 6.2 $gnr_esentations of Community. (a)Local Approvals Received; Authority and Validity of Obligations. The Community has secured all necessary local approvals and has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of the Community to: 1. Sign this Contract,and 2. Perform each and all of the Community's obligations under this Contract. The Contract delivered by the Community has been duly authorized,executed and delivered by the Community and constitutes the valid and binding obligations of the Community and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction,order or decree binding upon the Community or contravene or constitute a default under any covenant,indenture or contract of or affecting the Community or any of its properties. (b) Local Commitment, The Community represents that there are legally enforceable commitments in place for the Community local commitment identified for the Project in Exhibit C -Description of the Project and Award Budget. (c) No Material Adverse Change. Since the Award Date,there has been no material adverse change in the Community's ability to perform its obligations under this Contract. (d) Full Disclosure; Community's Financial Assistance Application. The statements and other information furnished to the IEDA by the Community in the Financial Assistance Application and in connection with the negotiation ofthis Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that,as to any projections furnished to the IEDA,the Community only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (e) Governmental Authority and Licensing. The Community has received all licenses,permits, and approvals of all federal,state,local, and foreign governmental authorities,if any,necessary to perforin its obligations under this Contract. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or,to the knowledge of the Community,threatened. (f) Litigation and Other Controversies.There is no litigation or govermnental proceeding pending,nor to the knowledge of the Community, threatened,against the Community which, if adversely determined would result in any material adverse change in the Community's ability to perform under this Contract, nor is the Community aware of any existing basis for any such litigation or governmental proceeding. Contract#18-TC-018 - 12- rnrrApproved 12/2074 Page 105 of 140 (g) No Event of Default. No Event of Default by the Community, as defined in Article 9,has occurred or is continuing. (h) Compliance with .Laws. The Community is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the operations of the Community and laws j and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. The Community has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any govermnental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition,properties,business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. (i)Effective Date of Representations and Warranties. The warranties and representations of this Article are i made as of the Contract Effective Date. ARTICLE 7: COVENANTS OF THE RECIPIENT For the duration of this Contract,the Recipient covenants to IEDA as follows: I� 7.1. Project Performance Obligations. (a) Use Award Funds only for Project. The Recipient shall use the Award Funds only for the Project and for the activities described in Exhibit C-Description of the Project and Award Budget and this Contract. Use of the Award Funds shall conform to the Budget for the Project as detailed in Exhibit C-Description of the Project and Award Budget.The Recipient represents that there are legally enforceable commitments in place from the funding sources identified for the Project in Exhibit C-Description of the Project and Award Budget. (b) Meet and Maintain Eligibility Requirements. Recipient shall continue to meet and maintain all statutory eligibility requirements for the funding sources providing assistance under this Contract. (c) Project Time Period. This Contract covers the Project time period from the Award Date through the Maintenance Period Completion Date. Recipient shall complete and maintain the Project within the Project time period shown below: 3 } P p�p i Q6 I Contract#18-TC-018 -13- r)wApproved 1212014 Page 106 of 140 COMPLIANCE COMPLIANCE MEASUREMENT MEASUREMENT POINT POINT Award Prgieet Pmiect Maintenance Maintenance Period Contract Date Completion_ Completion Date Period.. Completion Date.... Closeout Period "Award Date"is "Project "Project "Maintewance "Maintenance Period IEDA will conduct the date first Completion Completion Date"is Period"is the Completion Date"is Contract Closeout stated in this Period"is the the date defined in period of time the date defined in procedures after all Contract and is period of time Exhibit D by which between the Exhibit D on which events described in the date the between the Award the Recipient must Project the Maintenance Article I have been IEDA Board Date and the complete the Completion Period ends. met, approved the Project Completion Project. Date and the awarding of Date. Maintenance At this point,IEDA "Contract End Date" financial At this point,IEDA Period will review the Project is the date stated in assistance to the will review the Completion to verify that it was IEDA's written Recipient for the Project to verify Date.The maintained in Notice of Final Project. compliance with Project must be compliance with Contract Closeout Contract terms and maintained in Contract terms and that is issued obligations. Iowa for this obligations. pursuant to Article 1. period of time. (d) Complete Project by Project Completion Date. By the Project Completion Date, Recipient shall complete the Project,make the total investment it pledged far the Project and in accordance with the Award Budget as detailed in Exhibit C-Description of the Project and Award Budget,and comply with all other performance requirements described in this Contract. (e) Total Project Costs. By the Project Completion Date, Recipient shall have completed the Project with a Total Project Cost as detailed in Exhibit C-Description of the Project and Award Budget. (f) Maintain Project through Maintenance Period Completion Date. Recipient shall maintain the Project through the Maintenance Period Completion Date. (g) Maintain Project in Iowa During Contract Period. The Recipient shall at all times preserve and maintain its existence as a corporation in good standing and maintain the Project in Iowa. The Recipient will preserve and keep in force and effect all licenses, permits,franchises, approvals, patents,trademarks, trade names, trade styles, copyrights and other proprietary rights necessary to the proper conduct of its respective business. 7,2 Taxes and Insurance. (a) Pay Taxes and Assessments. The Recipient shall duly pay and discharge all taxes, rates, assessments, fees, and governmental charges upon or against its properties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings and adequate reserves are provided therefore. (b) Maintain Insurance.The Recipient shall insure and keep insured in good and responsible insurance companies all insurable property owned by it which is of a character usually insured by Persons similarly situated and operating like properties against loss or damage from such hazards or risks as are insured by Persons similarly situated and operating like properties, and the Recipient shall insure such other hazards and risks, including employers' and public liability risks in good and responsible insurance companies as and to the extent usually insured by Persons similarly situated and conducting similar business. The Contract#18-TC-018 -14- nnu.lpproved 2,11,201111 ; Page 107 of 140 Recipient will, upon request of IEDA, furnish a certificate setting forth in stunmary form the nature and extent of the insurance maintained pursuant to this Article. 7.3 Preserve Project and Protect Security. (a) Maintenance of Properties. The Recipient shall maintain,preserve and keep its properties in good repair,working order and condition, ordinary wear and tear excepted, and will from time to time make all needful and proper repairs, renewals, replacements, additions and betterments thereto so that at all times the efficiency thereof shall be fully preserved and maintained in accordance withprudent business practices. (b) Restrictions on Security. If Security is required pursuant to Article 5 of this Contract,the Recipient shall not, without prior written disclosure to IEDA and prior written consent of IEDA, which shall not be unreasonably withheld, directly or indirectly: 1. Sell,transfer,convey,assign,encumber or otherwise dispose of any of the Secured Property for this Project. i g 2. Place or permit any restrictions,covenants or any similar limitations on the Secured Property or in the Security Documents for the Project. 3. Remove from the Project site or the State all or any part of the Secured Property, 4. Create,incur or permit to exist any lien of any kind on the Secured Property. 7.4 Recipient Changes. s (a) No Changes in Recipient Operations. The Recipient shall not materially change the Project or the nature of the business and activities being conducted or proposed to be conducted by Recipient,as described in the Recipient's approved Financial Assistance Application,Exhibit A of this Contract,unless approved in writing by IEDA prior to the change. (b) Changes in Recipient Ownership, Structure and Control.The Recipient shall not materially change the ownership,structure, or control of the business if it would adversely affect the Project. This includes, w but is not limited to, entering into any merger or consolidation with any person, firm or corporation or permitting substantial distribution, liquidation or other disposal of assets directly associated with the Project. Recipient shall provide IEDA with advance notice of any proposed changes in ownership,structure or control. The materiality of the change and whether the change adversely affects the Project shall be as reasonably determined by IEDA. 7.5 Renuired Rei or rts. (a)Review of Reports. The Recipient shall prepare,sign and submit required reports,in the form and content required by IEDA,as specified in this Contract. (b)Reports. The Recipient shall prepare,sign and submit the following reports to the IEDA throughout the Contract period: Rem Due'nate Annual Project Status Report The Annual Project Status Report will collect July 313t for the period ending June 30th information from the Recipient about the status of the Project. Contract#18-TC-018 -15- re Approwd 1212014 Page 108 of 140 End of Project Report The End of Project Report will collect Within 30 days of Project Completion Date information Irom the Recipient about the completed Project. End of Maintenance Period Report The End of Maintenance Period Report will Within 30 days of the end of the Maintenance collect information from the Recipient's Period Completion Date continued maintenance of the Project. (c) Additional Reports, Financial Statements as Requested by IEDA. The IEDA reserves the right to require more frequent submission of reports if, in the opinion of the IEDA, more frequent submissions would provide needed information about Recipient's Project performance,or if necessary in order to meet requests from the Iowa General Assembly,the Department of Management or the Governor's office.At the request of IEDA,Recipient shall submit the annual IOIK SEC Filing of its parent company and subsidiaries which includes Recipient. . 7.6 Compliance with Laws. (a) State, local and federal laws. Recipient shall comply in all material respects with the requirements of all applicable federal,state and local laws,rules,regulations and orders. (b) Environmental laws. Recipient shall comply in all material respects with all applicable environmental, hazardous waste or substance, toxic substance and underground storage laws and regulations, and the Recipient shall obtain any permits or licenses and shall acquire or construct any buildings, improvements, fixtures, equipment or its property required by reason of any applicable environmental,hazardous waste or substance,toxic substance or underground storage laws or regulations. (c) Nondiscrimination laws. Recipient shall comply in all material respects with all applicable federal, state,and local laws,rules,ordinances,regulations and orders applicable to the prevention of discrimination in employment, including the administrative rules of the Iowa Department of Management and the Iowa Civil Rights Commission which pertain to equal employment opportunity and affirmative action. (d) Worker rights and safety. The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules, ordinances, regulations and orders applicable to worker rights and worker safety. (e) Immigration laws. Recipient shall only employ individuals legally authorized to work in this State. In addition to any and all other applicable penalties provided by current law,all or a portion of the Award is subject to recapture by IEDA if Recipient is found to knowingly employ individuals not legally authorized to work in the State of Iowa. (f) Compliance with IEDA's Administrative Rules. Recipient shall comply with IEDA's administrative rules for the programs under which assistance is provided to the Project and rules governing administration of this Contract. 7.7 Inspection and Audit. The Recipient shall permit the IEDA and its duly authorized representatives,at such reasonable times and reasonable intervals as the IEDA may designate,to: (a) Conduct site visits and inspect the Project. Contract#i 8-TC-018 - 16- F„NApproved I:i=J 14 Page 109 of 140 (b) Audit financial records related to the Project. (c) Examine and make copies of the books of accounts and other financial records of the Recipient related to the Project. (d) Discuss the affairs,finances and accounts of the Recipient with,and to be advised as to the same by, its officers, and independent public accountants. By this provision, the Recipient authorizes such accountants to discuss with the IEDA and the IEDA's duly authorized representatives the finances and affairs of the Recipient related to the Project 7.$ Maintenance and Retention of Records. (a) Maintain Accounting Records. The Recipient is required to maintain its books,records and all other evidence pertaining to this Contract in accordance with GAAP and such other procedures specified by IEDA. s (b) Access to Records. Records to verify compliance with the terms of this Contract shall be available at all times, and made available to IEDA and its designees at places and times designated by IEDA,for the duration of this Contract and any extensions thereof.Recipient shall make its records available to: (i)IEDA; (ii) IEDA's internal or external auditors, agents and designees; (iii) the Auditor of the State of Iowa; (iv) the Attorney General of the State of Iowa; (v)the Iowa Division of Criminal Investigations and any other applicable law enforcement agencies. (c) Records Retention Period. Recipient shall retain the records for a period of three (3) years from the Contract End Date, unless the records are the subject of an audit, investigation, or administrative or legal proceeding.In those instances,the records shall be retained until the audit,investigation or proceeding has been resolved. 7.9 Required Notices from Recinient to TEDA. (a) Notice of Major Changes.Recipient shall provide IEDA with written notice within thirty(30)days of the occurrence of: (a) any event that has a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract;(b)the termination of the business conducted at the Project;(c)a material modification of the nature of the business conducted at the Project;and(d)the transfer of the Project or any material interest in the Project in connection with financing or refinancing the Project. (b) Notice of Proceedings. Without limiting Section 7.9(a), Recipient shall promptly provide IEDA with written notice within ten(10)days of the occurrence of any claims,lawsuits,bankruptcy proceedings, or other proceedings brought against Recipient that have a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract. 7.10 Indemnification. The Recipient shall indemnify, defend and hold harmless the IEDA; the State of Iowa; its departments, divisions, agencies,sections, commissions, officers, employees and agents from and against all losses,liabilities,penalties,fines,damages and claims,including taxes, and all related costs and expenses,including reasonable attorneys'fees and disbursements and costs of investigation,litigation, settlement,judgments,interest and penalties,arising from or in connection with any of the following: (a) Any claim,demand,action,citation or legal proceeding arising out of or resulting from the Project; (b) Any claim, demand, action, citation or legal proceeding arising out of or resulting from a breach by the Recipient of any representation,warranty or covenant made by the Recipient in this Contract; t Contmct 4 18-TG018 -17- TmiAppraved 1212UI4 9 Page 110 of 140 (e) Any claim,demand,action,citation or legal proceeding arising out of or related to occurrences that the Recipient is required to insure against as provided for in this Contract;and (d) Any claim, demand,action, citation or legal proceeding which results from an act or omission of the Recipient or any of its agents in its or their capacity as an employer of a person. 7.11 Repayment of Unallowable Cnsts. Recipient shall repay any Award received or realized that is determined by IEDA, its auditors, agents or designees, the Auditor of the State of Iowa, or similar authorized governmental entity to be unallowable under the terms of this Contract. 7.12 Ongoing Fees Based on Claims.For the duration of this Contract and for as long as Recipient claims or applies for benefits against its Iowa tax liability under this Contract,Recipient shall remit to the Authority a compliance cost fee equal to one-half of 1 percent of the value of the Tax Incentives claimed pursuant to this Contract.The fee shall be due and payable upon filing the Recipient's annual tax return for each tax year in which the Recipient claims Tax Incentives under this Contract. ARTICLE 8: COVENANTS OF THE COAMUNITY For the duration of this Contract,the Community covenants to IrDA as follows: 811 Local Match. The Community shall provide the local financial assistance for the Project as described in Exhibit C,Project Description and Award Budget. 8.2 Notice to IEDA, In the event the Community becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, any change in the Recipient's ownership, structure or operation, or any other similar occurrence,the Community shall promptly provide written notice to IEDA. ARTICLE 9:DEFAULTS AND REMEDIES 9.1 Default by„Recip cnLAn unremedied Event of Default may result in termination of this Contract and repayment of all or a portion of the Award Funds disbursed to Recipient and the value of the Tax Incentives actually received,plus applicable default interest and costs. (a) Events of Default Any one or more of the following shall constitute an "Event of Default”under this Contract: 1. Nonpayment. Failure to make a payment when due of any Loan or other payment required by this Contract whether by lapse of time,acceleration or otherwise;or 2. Noncompliance with Covenants. Default in the observance or performance of any covenant set forth in Article 7,for more than twenty(20)business days;or 3. Noncompliance with Security Documents. Default in the observance or performance of any term of any Security Document if required in Article 5 beyond any applicable grace period set forth therein; or 4. Noncompliance with Contract.Default in the observance or performance of any other provision of this Contract;or Contract419-TC-418 -18- nnrlApproved r?;zo,4 Page 111 of 140 S. Material Misrepresentation. Any representation or warranty made by the Recipient in this Contract or in any statement or certificate furnished by it pursuant to this Contract, or made in Exhibit A, Recipient's Financial Assistance Application,or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof;or 6. Security Deficiencies. Any of the Security Documents that represent the Security pledged by Recipient to secure this Contract fails for any reason to create a valid and perfected priority security interest in favor of the IEDA;or 7. Judgment. Any judgment or judgments, writ or writs or warrant or warrants of attachment, or any similar process or processes entered or filed against the Recipient or against any of its property and remains unvacated,unbonded or unstayed for a period of 30 days which materially and adversely affects i Recipient's ability to perforin its obligations under this Contract;or 8. Adverse Change in Financial Condition. Any change occurs in the financial condition of the Recipient which would have a material adverse effect on the ability of the Recipient to perform under this Contract; or 9. Bankruptcy or Similar Proceedings Initiated. Either the Recipient shall (i) have entered involuntarily against it an order for relief under the United States Bankruptcy Code, as amended, (ii) not pay,or admit in writing its inability to pay,its debts generally as they become due,(iii)make an assignment for the benefit of creditors, (iv)apply for, seek, consent to,or acquiesce in,the appointment of a receiver, custodian, trustee, examiner, liquidator or similar official for it or any substantial part of its property, (v) commence any proceeding seeking to have entered against it an order for relief under the United States Bankruptcy Code as amended, to adjudicate it insolvent, or seeking dissolution, winding up, Iiquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such proceeding fled against it, or(vi)fail to contest in good faith any appointments or proceeding described below;or 10. Appointment of Officials. A custodian,receiver,trustee,examiner,liquidator or similar official is appointed for either the Recipient or any substantial part of any of its respective property,or a proceeding described above is commenced against the Recipient and such appointment continues undischarged or such i;- proceeding continues undismissed or unstayed for a period of sixty(60)days;or i 9 11. Insecurity. IEDA in good faith deems itself insecure and reasonably believes, after $ consideration of all the facts and circumstances then existing,that the prospect of payment and satisfaction 1 of the obligations under this Contract,or the performance of or observance of the covenants in this Contract, is or will be materially impaired;or 8 12. Fail-are to Submit Required Reports. The Recipient fails to submit complete reports by the required due dates as outlined in Article 7; or 13. Layoffs,Relocation or Closure. The Recipient or any Affiliate experiences a layoff or relocates or closes any of its facilities within the state of Iowa;or 14. Hiring workers not authorized to work in state. The Recipient fails to only employ only individuals legally authorized to work in the state of Iowa. If Recipient is found to knowingly employ individuals not legally authorized to work in the state of Iowa then, in addition to any and all other j} applicable penalties provided by current law, all or a portion of the assistance received is subject to E repayment;or 15. Failure to Maintain Program Eligibility Requirements.Recipient fails to maintain a statutory Contract#18-TC-018 -19- A dApproved 1212014 s r r Page 112 of 140 eligibility requirement for a program providing assistance under this Contract. (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract,IEDA shall issue a written Notice of Default to the Recipient setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable period of time,which shall not be fewer than thirty(3 0)days from the date of the Notice of Default,during which the Recipient shall have an opportunity to cure,provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default has occurred and is not cured within the required time period,IEDA may,after written notice to Recipient: 1. Terminate this Contract. 2. Suspend or reduce pending and future disbursements. 3. Declare immediately due and payable without further demand, presentment,protest or notice of any kind the principal and any accrued interest on any outstanding Promissory Notes issued pursuant to this Contract, including both principal and interest and all fees, charges and other amounts payable under this Contract. 4. Require repayment of all or a portion of Award Funds disbursed. 5. Revoke or reduce authorized Tax Incentives. 6. Require full repayment of all or a portion of the value of Tax Incentives received. (d) Reserved. (c) Default Interest Rate. If an Event of Default occurs and remains uncured, a default interest rate of 6%shall apply to repayment of amounts due under this Contract. The default interest rate shall accrue from the first date Award Funds are disbursed or Tax Incentives are received. (f) Expenses. The Recipient agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA, including reasonable attorneys' fees and court costs,in connection with any Default or Event of Default by the Recipient or in connection with the enforcement of any of the terms of this Contract. 9.2 Default by Camm a itv. An unremedied Event of Default may result in termination of this Contract and repayment by Community of all or a portion of the pledged local match,plus applicable default interest and costs. (a) Events of Default. Any one or more of the following shall constitute an "Event of Default by Community"under this Contract: 1. Noncompliance with Covenants. Default in the observance or performance of any covenants of the Community set forth in Article 8,for more than five(5)business days;or 2. Material Misrepresentation. Any representation or warranty made by the Community in this Contract or in any statement or certificate furnished by it pursuant to this Contract, or made by Community in Exhibit A,Recipient's Financial Assistance Application,or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof. (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract,IEDA shall issue a written Notice of Default to the Community Contract-9 18-TC-018 -20- FintAppr"sved 12Q,91,1 Page 113 of 140 setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable period of time,which shall not be fewer than thirty(3 0) days from the date of the Notice of Default,during which the Community shall have an opportunity to cure,provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default by Community has occurred and is not cured within the required time period, IEDA may,after written notice to Community: 1. Suspend or reduce pending and future disbursements to Community. 2. Require payment by Community of the amount of local financial assistance pledged to the Project but not provided. (d) Expenses. The Community agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Community or in connection with the enforcement of any of the terms of this Contract. ARTICLE 10: AHSCELLANEOUS. 10.1 Choice of Law and Forum; Governing T,aw. (a) In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Contract,the proceeding shall be brought in Des Moines, Iowa, in Palk County District Court for the State of Iowa,if such court has jurisdiction. If,such court lacks jurisdiction and jurisdiction lies only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa,Central Division. (b) This provision shall not be construed as waiving any immunity to suit or liability,in state or federal court,which maybe available to the IEDA,the State of Iowa or its members,officers,employees or agents. (c)This Contract and the rights and duties of the parties hereto shall be governed by,and construed in accordance with,the internal laws of the State of Iowa without regard to principles of conflicts of laws. a 10.2 Contract Amendments. Neither this Contract nor any documents incorporated by reference in connection with this Contract,may be changed,waived,discharged or terminated orally,except as provided below: s a (a) Writing required. The Contract may only be amended if done so in writing and signed by all the t parties. Examples of situations requiring an amendment include, but are not limited to, time extensions, budget revisions,and significant alterations of existing activities or beneficiaries. (b)IEDA review. Requests to amend this Contract shall be processed by IEDA in compliance with the IEDA's rules and procedures applicable to contract amendments. 10.3 Notices. Except as otherwise specified herein,all notices hereunder shall be in writing,including, without limitation by fax, and shall be given to the relevant party at its address, e-mail address, or fax number set forth below, or such other address, e-mail address, or fax number as such party may hereafter specify by notice to the other parties provided by United States mail,by fax or by other telecommunication device capable of creating a written record of such notice and its receipt.Notices hereunder shall be addressed: i Contract#18-TC-0 18 -21- Fitt!App•oved 1212011 t t f Page 114 of 140 I' To the Recipient at: Tyson Fresh Meats,Inc. Alyson Brown 2200 Don Tyson Parkway(CP 131) Springdale,AR 72762 E-mail: Alyson.Brown@tyson.com Telephone: 479.290.4809 To the_[EDA at: Iowa Economic Development Authority Compliance 200 East Grand Avenue Des Moines,Iowa 50309 Attention:Business Development-Compliance E-mail: Compliance j waeda.com Telephone: 515.725.3 000 Facsimile: 515.725.3 010 To the Convnunity at: City of Waterloo Noel Anderson 715 Mulberzy St. Waterloo,IA 50703 E-mail: nool.anderson@watet-loo-ia.org Telephone: 319.291.4366 Each such notice,request or other communication shall be effective (i) if given by facsimile, when such facsimile is transmitted to the facsimile number specified in this Article and a confirmation of such facsimile has been received by the sender,(ii)if given by e-mail,when such e-mail is transmitted to the e-mail address specified in this Article and a confirmation of such e-mail has been received by the sender,(iii)if given by mail, five (5) days after such communication is deposited in the mail, certified or registered with return receipt requested,addressed as aforesaid or(iv)if given by any other means,when delivered at the addresses specified in this Article. 10.4 LjC&djngg,Article headings used in this Contract are for convenience of reference only and are not a part of this Contract for any other purpose. 10.5 Final Authority. The IEDA shall have the authority to reasonably assess whether the Recipient has complied with the terms of this Contract. Any IEDA determinations with respect to compliance with the provisions of this Contract shall be deemed final determinations pursuant to Iowa Code Chapter 17A, Iowa Administrative Procedure Act. 10.6 Waivers• No waiver by IEDA of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion.No delay on the part of the IEDA in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by IEDA shall preclude future exercise thereof or the exercise of any other right or remedy. Contract#18-TC-018 -22- FwApproved 1212th, Page 115 of 140 10.7 Counterparts, This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original,but all of which together shall constitute but one and the same instrument. 10.8 Survival of Representations. All representations and warranties made herein or in any other Contract document or in certificates given pursuant hereto or thereto shall survive the execution and l delivery of this Contract and the other Contract documents and shall continue in full force and effect with �. respect to the date as of which they were made until all of Recipient's obligations or liabilities under this Contract have been satisfied. 10.9 Severability of Provisions. Any provision of this Contract which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. All rights, remedies and powers provided in this Contract or any other Contract document may be exercised only to the extent that the exercise thereof does not violate any applicable mandatory provisions of law, and all the provisions of this Contract and any other Contract document are intended to be subject to all applicable mandatory provisions of law which may be controlling and to be limited to the extent necessary so that they will not render this Contract or any other Contract document invalid or unenforceable. 10.10 Successors_and-Assinns._This Contract shall be binding upon the Recipient and IEDA and their respective successors and assigns, and shall inure to the benefit of the IEDA and Recipient and their successors and assigns. 10.11 Nonassignment. This Contract shall not be assigned, in whole or in part, by Recipient unless approved in writing by IEDA. 10.12 Termination. This Contract can be terminated under any of the following circumstances: (a) Agreement of the Parties.Upon written agreement of the Recipient,the Community and IEDA. (b) Unremedied Event of Default.As a result of the Recipient's or Community's unremedied Event of Default pursuant to Article 9. (c) Termination or reduction in funding to IEDA.As a result of the termination or reduction of funding � to IEDA as provided in Article qA(c). 10.13 Documents Incorporated by Reference.The following documents are incorporated by reference and considered an integral part of this Contract: 1. Exhibit A- Recipient's Financial Assistance Application(on file with IEDA), l Application##18-HQJP-018 � 2. Exhibit B-1 High-Quality Jobs Program—Tax Credit Component Special Conditions 3, Exhibit C- Description of the Project and Award Budget I` 4. Exhibit D- Job Obligations 5, Exhibit E- Reserved 6. Exhibit F- Reserved j 10.14 Order of Priority. hi the case of any inconsistency or conflict between the specific provisions of this document and the exhibits,the following order of priority shall control: 3, f Contract#18-TC-018 -23- FmIApproved12/2024 Page 116 of 140 1. Article 1 -10 of this Contract. 2. Exhibit A- Recipient's Financial Assistance Application(on file with lEDA), Application##18-HQJP-018 3. Exhibit B-1 High-Quality Jobs Program—Tax Credit Component Special Conditions 4. Exhibit C- Description of the Project and Award Bridget 5. Exhibit D- Job Obligations 6. Exhibit E- Reserved 7. Exhibit F- Reserved 10.15 Integration. This Contract contains the entire understanding between the Parties relating to the Project and any representations that may have been made before or after signing this Contract, which are not contained herein,are nonbinding,void and of no effect.None of the Parties has relied on any such prior representation in entering into this Contract. -This space intentionally left blank,signature page follows- Contract#18-TC-018 -24- FWApproved 12.20;7 Page 117 of 140 IN WITNESS WHEREOF in consideration of the r€lutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Contract and have caused their duly authorized representatives to execute this Contract, effective as of the latest date stated below (Contract Effective Date), FOR IEDA: FOR RECIPIENT: . E BY: () � - �' B i �. Deborah V.Durliem, Director Signature Mark B.Esser, SVP Tax Typed Name and Title [/ ZZ ItIly 1111012017 Date Date E FOR THE COMMUNITY: BY: Signature Typed Name and Title Date t 6 EEi Ei 1 € E [E F Contract# 18-TC-0 Is -25- FrniApproved 1212014 Page 118 of 140 € € IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the patties have entered into this Contract and have caused their duly authorized representatives to execute this Contract, effective as of the latest date stated below (Contract Effective Date). FOR�ED' : FOR RECIPIENT: s BY: BY: Debor V.Durh ,Director Signature t Typed Name and Title Date Date FOR THE COMMUNITY: BY- Sigpatur. U061141"\ i Typed Name and Title Date 1 i Contract#18-TC-018 -25- rmlApproved1212014 Page 119 of 140 E LIST OF EXHIBITS Exhibit A- Recipient's Financial Assistance Application(on file with IEDA),Application# 18- HQJP-018 Exhibit B-1 High Quality Jobs Program—Tax Credit Component Special Conditions Exhibit C- Description of the Project and Award Budget Exhibit D- Job Obligations Exhibit E- Reserved Exhibit F- Reserved Contract#18-TC-018 -26- F„u.9pp,nve�J11i201, Page 120 of 140 i EXHIBIT B--1 High Quality Jobs Program—Tax Credit Component Special Conditions to Contract# 18-TC-018 The following additional terms shall apply to the Contract: SECTION 1: ADDITIONAL DEFINITIONS. The following additional terms are defined in this Contract as follows: "Capital Investment" means the investment spent on depreciable assets. The minimum Capital Investment required for this Project is as stated in Section 2 of this Exhibit. The allowable categories of expenditures for purposes of calculating Capital Investment are described in IEDA's administrative rule 261 IAC 174.10. "Investment Qualifying for the Tax Credit"means new investment directly related to jobs created or retained by the start-up,location,expansion or modernization for this Project. "Qualifying Investment"means the statutorily-required minimum investment amount that must be made and maintained by the Recipient to receive High Quality Jobs Program Tax Incentives for this Project.This amount is as stated in ,Section 2 of this Exhibit. Not all expenditures count toward meeting the required Qualifying Investment. The categories of expenditures that can be included for purposes of meeting and maintaining statutorily-required investment requirements are described in 261 IAC 174.10. "Economically Distressed Area"means a county that ranks among the bottom 33 of all Iowa counties, as measured by either the average monthly unemployment level for the most recent 12-month period or the average annualized unemployment level for the most recent five-year period. SECTION 2: TERMS AND CONDITIONS OF THE AWARD i' 2.1 Award. The Recipient is awarded the following Tax Incentives through the High Quality Jobs Program,based on the minimum investment requirements described herein:$2,396,535. 2.2 Minimum Investment Requirements. As a condition of receiving Tax Incentives,the Recipient shall meet the following minimum investment requirements: (a) Capital Investment. $28,242,500 (b) Qualifying Investment. $28,242,500 (c) Investment Qualifying for Tax Credits. $28,242,500 i 2.3 Additional Tax Incentives. The Recipient is eligible for additional incentives pursuant to Iowa Code section 15.326, et. seq. The following Tax Incentives, in the maximum amounts shown for each authorized incentive,are so available to the Recipien .: �i Contract#18-TC-018 Exhibit B-1,Page 1 Ftnl Approved 12/2011 ff Page 121 of 140 Authorized Incentives Included in Award Maximum Amt. Refund of Sales,Service, and Use Taxes, ❑ Yes $396,535 ® No Refund of Sales Taxes Attributable to Racks, Shelving, ❑ yes $0 and Conveyor Equipment. ❑ No Corporate Tax Credit For Certain Sales Taxes Paid By ❑ yes $0 Third Party Developer. ® No Investment Tax Credit(7016, negotiated) ® Yes $2,000,000 ❑ No Research Activities Credit. ❑ Yes $0 ® No Local Property Tax Exemption Provided by Community ❑ yes $0 ® No 2.4 Conditions for Authorized Incentives. The Recipient is responsible to seek these additional incentives through processes described in the applicable statutes and corresponding administrative rules, ordinances and procedures. The following conditions shall apply to the incentives described in section 2.3 of this Exhibit. (a)Refund Of Sales, Service And Use Taxes Paid To Contractors Or Subcontractors. The Recipient is eligible for a refund of sales,service and use taxes paid to contractors and subcontractors as authorized in Iowa Code section 15.33 IA(2011 Supplement). 1. The Recipient may apply for a refund of the sales and use taxes paid under Iowa Code chapters 422 and 423 for gas,electricity,water or sewer utility services,goods,wares, or merchandise, or on services rendered,furnished,or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility of the Recipient. 2. Taxes attributable to intangible property and furniture and furnishings shall not be refunded. 3. To receive a refund of the sales,service and use taxes paid to contractors or subcontractors, the Recipient must: i. Inform the Iowa Department of Revenue(IDR)in writing within two weeks of project completion. For purposes of claiming this refund, `project completion" means the first date upon which the average annualized production of finished product for the preceding ninety-day period at the manufacturing facility operated by the Recipient is at least fifty percent of the initial design capacity of the facility. ii. Make an application to IDR within one year after Project Completion,as defined in sub-paragraph i above. (b) Reserved. Contract#18-TC-018 Exhibit B-1,Page 2 NnuApp,ovad l2, o;a Page 122 of 140 (c) Reserved. (d) Investment Tax Credit. 1. The Recipient may claim an investment tax credit as provided in Iowa Code section 15.333. Such credit may be claimed for a portion of the Qualifying Expenditures,as defined below in subparagraph(3),directly related to Job Obligations,as described in Exhibit D,of the start-up or location,expansion,or modernization of the business under this program. The credit shall be earned when the qualifying asset is placed in service.The Recipient shall not claim more than the amount authorized for this incentive as stated above and in Article 3 of the Contract. Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted,whichever occurs fist. 2. The tax credit shall be amortized equally over a five ear period ass ecif ed below: October 1,2016—Se tember 20,2017 $400,00 October 1,2017—Se tember 20,2018 $400,00 October 1,2018—September 20,2019 $400,00 October 1,2019—September 20,2020 $400,00 October 1,2020—September 20,2021 $400,00 3. Only Qualifying Expenditures are eligible for the investment tax credit.For proposes of this benefit,"Qualifying Expenditures"means: i. The purchase price of real property and any buildings and structures located on the real property. ii. The cost of improvements made to real property which is used in operation of the business. iii. The costs of machinery and equipment,as defined in Iowa Code section 427A.1(1)"e"and"j"purchased for use in the operation of the business and for which the purchase price may have been depreciated in accordance with GAAP. 4. If the Project includes leasing of new construction or major renovation of an existing building, the annual base rent paid to a third-party developer by Recipient must be for a period equal to the term of the lease agreement but cannot exceed the maximum term of the agreement, ,3 provided the cumulative cost of the base rent payments for that period does not exceed the cost of the Iand or the third-party developer's costs to build or renovate the building for the Recipient. Limitations to annual base rent shall only be considered when the Project includes the construction of a new building or the major renovation of an existing building. The Recipient shall enter into a lease agreement with the third-party developer for a minimum of five years. (e)Reserved. (f) Reserved. Contract#}1 -TC-018 Exhibit B-1,Page 3 "nst approved 1212014 i Page 123 of 140 SECTION 3:ADDITIONAL COVENANTS In addition to the Covenants described in Article 7 of the Contract, the Recipient shall be bound to the additional covenants: 3.1 Job Obligations. By the Project Completion Date, the Recipient shall create and/or retain the number of FTE Created Jobs and Retained Jobs as detailed in Exhibit D—Job Obligations,and maintain the jobs through the Maintenance Period. 3.2 Wage Obligations, The Qualifying Wage Threshold rates specific to this Contract that must be met are stated in Exhibit D,Job Obligations. By the Project Completion Date and through the Maintenance Completion Period Date,the Recipient shall: (a) For Projects in Economically Distressed Areas or at adesignated Grayfield Site,the Qualifying Wage Threshold requirement applicable to all phases of the Project is 100%of the Qualifying Wage Tlu•eshold. (b) For Projects at a designated Brownfield Site,the Qualifying Wage Threshold requirement applicable to all phases of the Project is 90%of the Qualifying Wage Threshold. (c) For all other Projects: 1. For the Created Jobs,pay 100%of the Qualifying Wage Threshold at the start of the Prcjest Completion Period,at least 120%of the Qualifying Wage Threshold by the Project Completion Date, and at least 120%of the Qualifying Wage Threshold until the Maintenance Period Completion Date. 2.For the Retained Jobs,pay at least 120%of the Qualifying Wage Threshold throughout both the Project Completion Period and the Maintenance Period. 3.3 Provide Sufficient Benefits, The Recipient shall provide Sufficient Benefits to all employees included as part of the job and wage obligations. SECTION 4:ADDITIONAL DEFAULT PROVISIONS In addition to the default provisions included in Article 9 of the Contract,the following default provisions shall apply: 4.1 Renavment of Tax Incentives Received -High Orality Jobs Prj1gM 7_TDR is the state agency responsible for collecting the value of any Tax Incentives received in violation of the terms of this Contract. The Community is the party responsible for collecting the value of the local tax incentives received in violation of this Contract. IEDA will determine if the Recipient has met the terms of this Contract. If there is an unremedied Event of Default, IEDA will provide written notice to IDR and the Community. Calculation of the amount owed may be based on a sliding scale in certain circumstances and may include interest assessed by IDR.Those circumstances are as follows: (a)Failure to Meet Job Obligations by Project Completion Date. If the Recipient does not meet its Job Obligations as detailed in Exhibit D,Job Obligations by the Project Completion Date,the repayment amount shall be the same proportion as the amount of the shortfall in created jobs.For example,if the business creates 50 percent of the jobs required,the business shall repay 50 percent of the incentives received. Contract#18-TC-018 Exhibit B-1,Page 4 r„uApproved 12,E024 Page 124 of 140 Upon repayment oftbe amount due,IEDA will reduce the Recipient's Job Obligations.The reduced Job Obligations must be maintained through the Maintenance Period Completion Date. i (b) Job shortfall at Maintenance Period Completion Date. If the Recipient does not maintain its adjusted Job Obligations through the Maintenance Period Completion Date, Recipient shall repay an additional percentage of the Tax Incentives it has received. The amount to be repaid will be calculated as described in subsection(a)above. (c) Qualifying Investment. If the Business does not meet its Qualifying Investment requirement as defined in Section 2 of this Exhibit, the repayment amount shall be the same proportion as the amount of the shortfall in required Qualifying Investment.For example,if the business meets 75 percent of the amount of required capital investment,the business shall repay 25 percent of the amount of the incentives received. (d) Less than Total Project Cost at Project Completion Date. If the Recipient does not complete the Project with a Total Project Cost as stated in Exhibit C, Project Description and Award Budget, by the Project Completion Date Recipient shall repay a portion of the Tax Incentives received. For example, if the Recipient's required Total Project Cost is 10%less than pledged, 10% of the value of the Tax Incentives received,plus any interest assessed by TDR,must be repaid. (e)Repayment Amount If Shortfall in Job Obligations,Qualifying Investment and/or Less Than Total Project Cost. If the Recipient experiences a shortfall in two or more of its requirements related to Job Obligations, Qualifying Investment,or the Total Project Cost,IEDA will calculate the percentage owed for the Recipient's failure to meet each of the requirements.The higher of these amounts shall be the amount i Recipient shall repay to TDR. E (f) Selling, Disposing, or Razing of Property. If, within five years of purchase, the Recipient sells, disposes of, razes, or otherwise renders unusable all or a part of the land, building, or other existing structures for which an investment tax credit was claimed,the income tax liability of the Recipient for the year in which all or part of the property is sold,disposed of,razed, or otherwise rendered unusable shall be increased by one of the following amounts,plus any interest assessed by IDR: 1. 10011/o of the tax credit claimed if the property ceases to be approved for the tax credit witbin one full year after being placed in service. 2. 80%of the tax credit claimed if the property ceases to be approved for the tax credit within two E full years after being placed in service. E= Ei 3. 60% of the tax credit claimed if the property ceases to be approved for the tax credit within three full years after being placed in service. 4. 40% of the tax credit claimed if the property ceases to be approved for the tax credit within four full years after being placed in service. 5. 20%of the tax credit claimed if the property ceases to be approved for the tax credit within five full years after being placed in service. -End of Exhibit B— 1 - Contract#18-TC-018 Exhibit B-1,Page 5 FmlApprovedI2/2014 Page 125 of 140 DESCRIPTION OF THE PROJECT AND'AWARD BUDGET (EXHIBIT C): Name of Recipient: Tyson Fresh Meats,Inc. Name of Community: City of Waterloo Contract Number: 18-TC-018 PROJECT DESCRIPTION Tyson Fresh Meats,Inc.will construct a 56,400 s.f. new warehouse addition and renovate 18,250 square foot existing building. Implementing the warehouse expansion will improve accuracy,inventory management,product flow,overall efficiency and customer service. AWARD BUDGET SOURCE OF FUNDS AMOUNT FORM USE OF FUNDS COST IEDA Programs *Land Acquisition HQJP Tax Credit '-See Below *Site Preparation $909,788 *Building Acquisition Tyson $28,242,500 Cash/Equity *Building Construction $12,308,034 *Building Remodeling Lease Payments *Mfg Machinery and Equipment $15,024,678 Other Machinery and Equipment Racking,Shelving,etc. *Computer Hardware Computer Software *Furniture and Fixtures Working Capital I Research and Development Job Training *Included as capital investment if awarded tax credit program Total $28;242;500 Total $28,242,500' '$2,396,535 estimated benefit value OTHER FUNDING SOURCE OF FUNDS TOTAL-AMOUNT FORM/TERM USED AS MATCH TIF Rebate Tax Exemption TBD 4276 YES 260EJob Training In-Kind Contributions RISE RED other Page 126 of 140 f 3 4 t EXHIBIT D—JOB OBLIGATIONS Recipient: Tyson Fresh Meats,Inc. Community: City of Waterloo Contract Number: 18-TC-018 This Project has been awarded Project Completion Assistance and Tax Incentives from the High Quality Jobs Program(HQJP) ---Tax Credit Component. The chart below outline the contractual job obligations related to this Project. Data in the"Employment Base"column has been verified by IEDA and reflects the employment characteristics of the facility receiving funding before this award was made. Jobs to be retained as a part of this Project must be included in these calculations. Data in the"Jobs To Be Created"column outlines the new full-time j obs(including their wage characteristics)that must be added to the employment base and,if applicable,statewide employment base as a result of this award. At the Project Completion Date and through the Maintenance Period Completion Date,the Recipient must achieve,at a minimum,the numbers found in the"Total Job Obligations"column. HQJPJOBOBLIGAT.,IONS = mploymeht Jobs`: Total Project Completion Date September 30 202Q Base; To`Be Created Job Maintenance Period CompEetion Date $eptem.ber 30 2022 Obhgatilons Total employment at project location 2,892 245 3,137 Average wage of total employment at project location $17.52 Qualifying Laborshed Wage threshold requirement(per hr) $17.29(100%) i Number of jobs at or above qualifying wage 642 245 887 Average Wage of jobs at or above qualifying wage $23.31 i Notes r•e:.Iob Obligations 1. When determining the number of jobs at or above the qualifying wage,wages will include only the regular hourly rate that serves as the base level of compensation.The wage will not include _ nonregular forms of compensation such as bonuses,unusual overtime pay,commissions,stock options,pension,retirement or death benefits,unemployment benefits or other insurance,or other fringe benefits. 2. Employment Base includes 0"Retained Jobs". If the Recipient uses or proposes to use a non-standard work week(8 hours a day,5 days a week,52 weeks a year including holidays,vacation and other paid leave),check the box below and describe that alternative schedule. The alternative schedule must meet the requirements of 261 IAC 173.2. If the box is not checked or if no alternative schedule is provided,IEDA will consider"Full-time Equivalent(FTE)Job"to mean the employment of one person for 8 hours per day for a 5-day,40- hour workweek for 52 weeks per year,including paid holidays,vacations and other paid leave. ❑ The Recipient shall Use an alternative work week for purposes of its employees described in the Contract. The alternative work week is as follows: [description]. Sufficient Benefits Deductible Requirements Recipient shall provide Sufficient Benefits with a maximum deductible of$1,250 for single coverage or $2,500 for family coverage. i R Page 127 of 140 IE i Page 128 of 140 CITY OF WATERLOO Council Communication Codification of the City of Waterloo Traffic Code of Ordinances. City Council Meeting: 10/5/2020 Prepared: 9/16/2020 ATTACHMENTS: Description Type ❑ Adopting Ordinance Backup Material SUBJECT: Motion to receive, file, consider, and pass for the third time and adopt an ordinance codifying the City of Waterloo Traffic Code of Ordinances. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approval. Cities are provided three options under Iowa law for maintaining their city codes. These include: 1. The city may compile an annual supplement to the code of ordinances. This supplement consists of all new ordinances and amendments to ordinances that became effective during the previous year. The supplement must be adopted by resolution by the council and placed in the code of ordinances. 2. The city may insert new ordinances or amendments to ordinances directly into the code itself. This must be done at least annually. This works especially well for cities that maintain a copy of their city code in electronic format, allowing for quick and convenient updating. 3. If the city does not take either of the actions described above, it must codify the code of ordinances at least once every five years. If there have Summary Statement: been no substantive changes to the city code, the city may simply adopt the code by ordinance. However if the city has made additions, amendments or intends to change any code provision, it must hold a public hearing on the proposed code prior to its adoption. Waterloo utilizes option two for the city code and option three for the traffic code. City Clerk's Office staff have been working this year to incorporate numerous amendments into the traffic code and have now made it available on the city website for easy public access. The public hearing and ordinance adopting the updated traffic code are required in order to maintain a valid and enforceable traffic code. The traffic code is found on the City Clerk's Office page of the city website, under the section titled Code of Ordinances. Page 129 of 140 Link:https://www.cityofwaterlooiowa.com/govemment/city clerks/index.php Page 130 of 140 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE ADOPTING THE 2020 TRAFFIC CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: SECTION 1. Pursuant to published notice and following public hearing on the 21St day of September 2020, so required by Sections 362.3 and 380.8, Code of Iowa,there is hereby adopted by the City of Waterloo, Iowa,the"Traffic Code of Ordinances of The City of Waterloo, Iowa." Section 2. This ordinance shall only apply to the"Traffic Code of Ordinances of the City of Waterloo, Iowa". SECTION 3. All of the provisions of the "Traffic Code of Ordinances of The City of Waterloo, Iowa," shall be in force and effect on and after the effective date of this ordinance. SECTION 4. All ordinances or parts thereof pertaining specifically to the Traffic Code of Ordinances of the City of Waterloo, Iowa, in force on the effective date of this ordinance are hereby repealed from and after the effective date of this ordinance. SECTION 5. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred before the effective date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money by the City or authorizing the issuance of any bonds of said City or any evidence of said City's indebtedness; nor shall it affect any other right or franchise conferred by any ordinance or resolution of the Council or any other person or corporation; nor shall it affect any ordinance naming, establishing, relocating or vacating any street or public way, whether temporary or permanent; nor shall it affect any ordinance amending the official zoning map, establishing building lines, establishing and changing grades, or dedicating property for public use; nor shall it affect any prosecution, suit or other proceeding pending or any judgment rendered on or prior to the effective date of this ordinance. SECTION 6. An official copy of the "Traffic Code of Ordinances of The City of Waterloo, Iowa," adopted by this ordinance, including a certificate of the City Clerk as to its adoption and the effective date, is on file in the office of the City Clerk, and shall be kept available for public Page 131 of 140 Ordinance No. XXXX Page 2 inspection. SECTION 8. The City Clerk shall furnish a copy of the"Traffic Code of Ordinances of The City of Waterloo, Iowa,"to the Judicial Magistrates serving the City of Waterloo, city departments requesting a copy, and maintain a copy on the city website. SECTION 9. This ordinance shall be in full force and effect from and after the publication of this ordinance, as required by law. INTRODUCED: ,2020 PASSED 1St CONSIDERATION: 92020 WAIVED 2nd CONSIDERATION: 92020 WAIVED 3rd CONSIDERATION: 92020 PASSED AND ADOPTED this th day of 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 132 of 140 Ordinance No. XXXX Page 3 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. as passed and adopted by the City Council of the City of Waterloo, Iowa, on the th day of 2020. Witness my hand and seal of office this th day of 2020. Kelley Felchle City Clerk SEAL + 1 + V01.. Page 133 of 140 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Traffic Code by adding section 580C, No Parking Both Sides 5:00 p.m. to 8:30 p.m., Wednesdays:400 block of Janney Avenue. City Council Meeting: 10/5/2020 Prepared: 9/23/2020 ATTACHMENTS: Description Type ❑ letter Cover Memo ❑ ordinance Backup Material Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Traffic Code by adding Section 580C, No Parking Both Sides 5:00 p.m. to 8:3012.m., Wednesdays -when signs are erected in each block, or portion thereof, giving notice, no person shall park SUBJECT: a vehicle at any time on Wednesdays from 5:00 p.m. to 8:30 p.m. within the district and upon any of the streets or portions thereof as named herein:both sides of the 400 block of Janney Avenue. Motion to suspend the rules. Motions to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Sandie Greco, Traffic Operations Director Recommended Action: Adopt Ordinance Hagerman Baptist Church requested prohibiting parking on both sides of the 400 block of Janney Avenue on Wednesday evenings during youth activities. Visibility is an issue with vehicles parked on the street for youth to cross Summary Statement: safely from the parking lot to the church during that time. There is only one household in the 400 block of Janney. Surrounding neighbors were notified of the ordinance change by mail. No comments or concerns were received. Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 134 of 140 CITY OF WATERLOO , IOWA PUBLIC WORKS DIVISION 625 Glenwood Street . Waterloo, IA 50703 Street:(319)291-4267 Fax(319)291-0264 Sanitation: (319)291-4455 Central Garage: (319)291-4445 Fax(319)291-3825 • • Traffic Operations—(319)291-4440 Fax:(319)291-4094 Animal Control(319)291-4440#4 Sandie Greco—Traffic Operations and Animal Control Director Mayor September 16, 2020 QUENTIN HART COUNCIL MEMBERS Hagerman Baptist Church "' 1105 Knoll Avenue Waterloo, Iowa 50701 MARGARET KLEIN Wards RE: Ordinance Change - No Parking Both Sides JONATHAN Wednesday — 5:00 PM — 8:30 PM GRIEDER Ward 2 PATRICK An Ordinance change has been requested by Hagerman Baptist Church to prohibit MORRISSEY parking on both sides of the 400 block of Janney Avenue on Wednesday evening Ward from 5:00 PM to 8:30 PM. Youth activities take place on Wednesday evening each JERweek. Visibility is an issue with vehicles parked on the street for youth to cross AMOS,JR. y parking e curce recommendation to y OME safe) from the kin lot to thhh. The Cit Council is to Ward adopt an ordinance to prohibit parking on both sides of the 400 block of Janney Avenue on Wednesday from 5:00 PM to 8:30 PM. RAY FEUSS This ordinance chane is scheduled to be on the Council Agenda Monday, Ward 5 g g September 28, 2020. City Council meeting is held at 5:30 PM in the Council SHARON Chambers, 2nd floor of City Hall. However, during COVID-19 social distancing, the JUON Council Meeting may be viewed on the government channel 15. At-Large DAVE If you have any questions or concerns regarding this ordinance change, please call BOESEN my office at 291-4440 between 7:00 AM and 3:00 PM. At-Large Sincerely, Sandie Greco Traffic Operations Director City of Waterloo sandie.greco@waterloo-ia.org WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 135 Of 140 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY: BY ADDING A NEW SECTION 580C, NO PARKING BOTH SIDES 5:00 P.M. TO 8:30 P.M., WEDNESDAYS, TO THE 2008 TRAFFIC CODE, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 580C, No Parking Both Sides 5:00 P.M. to 8:30 P.M., Wednesdays, is added as follows: 580C. NO PARKING BOTH SIDES 5:00 P.M. TO 8:30 P.M.,WEDNESDAYS When signs are erected in each block, or portion thereof, giving notice, no person shall park a vehicle at any time on Wednesdays from 5:00 p.m. to 8:30 p.m. within the district and upon any of the streets or portions thereof as named herein. (1) Janney Avenue Both sides of the 400 block of Janney Avenue. PASSED AND ADOPTED by the City Council this day of September, 2020, 2019 , and approved by the Mayor this day of September, 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 136 of 140 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Traffic Code by adding a new Section 553B, No Parking Here To Corner Wednesdays Both Sides 5:00 p.m. to 8:30 p.m., both sides of the 400 block of Janney Avenue. City Council Meeting: 10/5/2020 Prepared: 9/29/2020 ATTACHMENTS: Description Type ❑ Ordinance Backup Material Motion to receive, file and consider and pass for the first time an ordinance amending the City of Waterloo Traffic Code by adding a new Section 553B, No Parking Here To Corner Wednesdays Both Sides 5:0012.m. to 8:3012.m., SUBJECT: both sides of the 400 block of Janney Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Sandie Greco, Traffic Operations Director Recommended Action: Adopt Ordinance Hagerman Baptist Church requested prohibiting parking on both sides of the 400 block of Janney Avenue on Wednesday evenings during youth activities. Summary Statement: Visibility is an issue with vehicles parked on the street for youth to cross safely from the parking lot to the church. The only household in this block- Julie Wentz-has agreed to this ordinance change. Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 137 of 140 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY: BY ADDING A NEW SECTION 553B, NO PARKING HERE TO CORNER WEDNESDAYS BOTH SIDES 5:00 P.M. TO 8:30 P.M., TO THE 2008 TRAFFIC CODE, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 553B, No Parking Here to Corner Wednesdays Both Sides 5:00 P.M. to 8:30 P.M., is added as follows: 553B. NO PARKING HERE TO CORNER WEDNESDAYS BOTH SIDES 5:00 P.M. TO 8:30 P.M., When signs are erected in each block, or portion thereof, giving notice, no person shall park a vehicle between the corner and a sign designating "No Parking Here to Corner" Wednesdays from 5:00 p.m. to 8:30 p.m. upon any of the streets or portions thereof as named herein: (1) Janney Avenue Both sides of the 400 block of Janney Avenue. PASSED AND ADOPTED by the City Council this day of October, 2020, and approved by the Mayor this day of October, 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 138 of 140 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of conclusion of employment of Robert Michael, Police Officer, effective September 16, 2020, with recommendation of approval of payout of $43,012.88 for unused benefits. City Council Meeting: 10/5/2020 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Police Department on the notice of SUBJECT: conclusion of employment of Robert Michael, Police Officer. effective September 16, 2020, with recommendation of approval of payout of $43,012.88 for unused benefits. Submitted by: Submitted By: Page 139 of 140 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of conclusion of employment of Andrew Sears, Police Officer, effective September 17, 2020 with recommendation of approval of payout of$16,306.85 for unused benefits. City Council Meeting: 10/5/2020 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Police Department on the notice of SUBJECT: conclusion of employment of Andrew Sears, Police Officer, effective September 17, 2020 with recommendation of approval of payout of $16,306.85 for unused benefits. Submitted by: Submitted By: Page 140 of 140