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Council Packet - 6/5/2023
CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, June 5, 2023 5:30 PM CITY OF WATERLOO COMMUNITY VISION PLAN 1. Fly the W: To develop a sense of pride and relationship between residents and the City of Waterloo, and then leverage that pride to communicate the City's attributes to external audiences. 2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo in eight years by providing access to capital. 3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition of neighborhoods by celebrating and connecting them with the community and region at large. 4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that connects people and employers for mutual growth. 5. Crossroads Doubledown: Re -energize Crossroads Mall area into a sports/recreation themed gravitational center. 6. Power Up Downtown: Keep Waterloos core downtown evolving to meet the needs of future generals, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The public Page 1 of 425 is required to follow the rules listed in this article when speaking during any meeting of the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (4:00) P.M. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence. Pledge of Allegiance - Mayor Quentin Hart Approval of Agenda as proposed or amended. Approval of Minutes of May 30, 2023 Planning Session as proposed. Page 2 of 425 Proclamation declaring June 19, 2023 as Juneteenth Celebration. Youth Art Team Open House Celebration/Project. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Jack White, for a waiver for a concrete driveway, located at 2200 Cardinal Drive, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. 3. Resolution approving the request of Rhonda Moothart, for a waiver for a concrete driveway, located at 224 W. Orange Road, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. 4. Resolution approving the request of Refik Sakanovic, for a waiver for a concrete driveway, located at 1003 Denver Street, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. 5. Resolution approving request to certify assessments for unpaid snow and hazardous tree removal, weed mowing, and lot clean-ups, for payments dated July 1, 2021 - December 31, 2022, in the amount of $111,127.65, for properties listed on attached exhibit "A". 6. Resolution approving an exception to the purchasing policy for the purchase of an Elgin Crosswind Street Sweeper 2020 demo unit for the Street Department, in the amount of $205,503.00. 7. Resolution supporting an application by Baltimore Fields, LLC, for the Iowa Workforce Housing Tax Credit Program application to the Iowa Economic Development Authority, to construct eighteen (18) new single-family homes located east of 1003 Vermont Street, including $90,000 infill incentive upon substantial completion, and authorizing the Mayor and City Clerk to execute said document. Page 3 of 425 8. Resolution supporting a Fire Department application for Opioid Allocation Funds, in the amount of $250,000.00, through the Black Hawk County Board of Supervisors, for the purchase of a new front-line ambulance. 9. Motion approving Change Order No. 2 with K & W Electric, Inc., of Cedar Falls, Iowa, for a net decrease of $15,806.40, in conjunction with Downtown Traffic Cameras and Fiber Optics Communications Project, STBG-SWAP-8155(769)--SG-07, and authorizing the Mayor and City Clerk to execute said document. 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, in the amount of $736,466.50, in conjunction with the Downtown Camera and Fiber Optic Communication Project, STBG-SWAP-8155(769)--SG-07. 11. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K&W Electric of Waterloo, Iowa, in the amount of $25,740.00, in conjunction with the Hangar No. 3 LED Lighting Project, FAA Project No. AIP 3-19-0094-048 (CARES-MAINT). 12. Motion approving Final Quantity Summary with Midwest Concrete, of Peosta, Iowa, for a net decrease of $56,694.00, in conjunction with the FY 2023 Sidewalk Repair Assessment Program - Zone 2, Contract No. 1064, and authorizing the Mayor and City Clerk to execute said document. 13. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Midwest Concrete, Inc., of Peosta, Iowa, in the amount of $495,900.30, in conjunction with the FY 2023 Sidewalk Repair Assessment Program - Zone 2, Contract No. 1064, and receive and file a two-year maintenance bond. 14. Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2023 Sidewalk Repair Assessment Program - Zone 2, Contract No. 1064, and instruct the City Clerk to publish notice. 15. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 22, 2023, and date of public hearing as July 3, 2023, in conjunction with the FY 2024 Sidewalk Infill, Sidewalk Ramp and Trail Repair Program - Zone 3, Contract No. 1079, and direct the City Clerk to publish said notice. 16. Resolution setting date of public hearing as June 20, 2023, to approve the request by Dhani Re Investments, LLC, to locally designate 722 Water Street as a Historic Landmark, and direct the City Clerk to publish notice. 17. Resolution accepting the Proposal for Audit Services from BerganKDV for the years ending June 30, 2023-June 30, 2027 with optional renewals for the years ending June 30, 2028, and June 30, 2029, in the following amounts: 1) June 30, 2023- $69,900 + $5,000 ACFR preparation fee + $3,000-5,000 per major single audit program 2) June 30, 2024- $73,400 + $5,250 ACFR preparation fee + $3,000-5,000 per major single audit program 3) June 30, 2025- $77,000 + $5,550 ACFR preparation fee + $3,000-5,000 per major single audit program Page 4 of 425 4) June 30, 2026- $80,900 + $5,775 ACFR preparation fee + $3,000-5,000 per major single audit program 5) June 30, 2027- $84,900 + $6,050 ACFR preparation fee + $3,000-5,000 per major single audit program Optional Year 1: June 30, 2028- $89,200 + $6,350 ACFR preparation fee + $3,000-5,000 per major single audit program Optional Year 2: June 30, 2029- $93,600 + $6,600 ACFR preparation fee + $3,000-5,000 per major single audit program With an hourly rate for consulting services if we happen to request additional special projects or consulting not included in the time allowed of $180.00/hour. 18. Airport Board minutes of March 22, 2023. 19. Community Development Board minutes of April 18, 2023. 20. Complete Streets Advisory Committee minutes of February 28, 2023. 21. Complete Streets Advisory Committee minutes of March 28, 2023. 22. Historic Preservation Commission minutes of April 18, 2023. 23. Leisure Services Commission Board minutes of April 11, 2023. 24. Planning, Programming, and Zoning Commission April 11, 2023 Minutes. 25. Waterloo Housing Authority Board minutes of May 15, 2023. 26. Motion approving Change Order No. 2 with Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for a net increase of $23,630.45, in conjunction with the FY 2023 CIP Pipelining Phase IVA3, Contract No. 1063, and authorizing the Mayor and City Clerk to execute said document. 27. Motion approving appointment of Andrea Lynn and Cristian Rincon from the current Civil Service List to the position of Clerk II in the Police Department, effective June 12, 2023, pending pre -employment physical and drug testing. 28. Communication from the Library Department on the notice of the conclusion of employment of Annette Wilson, Library Assistant, effective May 18, 2023, with the recommendation of approval of payout of $5,191.36 for unused benefits. 29. Communication from the Police Department on the notice of the conclusion of employment of Daniel Calzadillas, Police Officer, effective April 28, 2023, with the recommendation of approval of payout of $273.70 for unused benefits. 30. Curtis Young Board/Commission: Complete Street Advisory, Expiration Date: N/A (New) 31. Liquor Licenses a. The American Legion, 728 Commercial St., Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Exp: 6/14/2024. Page 5 of 425 b. Behar Bar, 312 W. 4th Street, Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Exp: 4/30/2024. c. Best Deals, 1459 Ansborough Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/14/2024. d. Casey's General Store #2427, 3035 Logan Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/14/2024. e. CVS Pharmacy #8546, 205 Franklin St., Class E Alcohol w/Sunday Sales, Renewal - Exp: 5/31/2024. f. Walgreens #7455, 111 Ridgeway Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/16/2024. g. Walgreens #10855, 1850 Logan Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/16/2024. h. The Iron Horse Saloon, 303 W. 4th St., Class C Alcohol w/Sunday Sales, New - Exp: 4/30/2024. i. Walgreens #3590, 3910 University Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/16/2024. j. Metro Mart #4, 2332 Falls Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/30/2024. 32. Bonds. 33. Resolution supporting an application by 3350 University Avenue, LLC, for the Iowa Workforce Housing Tax Credit Program application to the Iowa Economic Development Authority, to construct ninety-five (95) new housing units, located at 3350 University Avenue, including a potential infill incentive upon substantial completion, and authorizing the Mayor and City Clerk to execute said document. 34. Resolution supporting an application by FDP OC, LLC, for the Iowa Workforce Housing Tax Credit Program application to the Iowa Economic Development Authority, to construct sixty-nine (69) new housing units located at 501-503 Commercial Street, including a potential $345,000 infill incentive upon substantial completion, and authorizing the Mayor and City Clerk to execute said document. PUBLIC HEARINGS 1. FY 2023 Greenbelt Lake REAP Grant Project Phase II, Contract No. 1085. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids. Resolution approving award of bid to Vieth Construction Corporation of Cedar Falls, Iowa, in the amount of $214,261.50, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2023 Greenbelt Lake REAP Grant Project Phase II (Base Bid + Alternate), Contract No. 1085, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Jamie Knutson, City Engineer Page 6 of 425 2. Sale and conveyance of City property located at 217 Reed Street, in the amount of $11,000.00, to Kevin E. Rose and Michelle L. Rose, with a development agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file Motion to close hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of City property located at 217 Reed Street, in the amount of $11,000.00, to Kevin E. Rose and Michelle L. Rose, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Kevin E. Rose and Michelle L. Rose in conjunction with the rehabilitation of 217 Reed Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Director 3. Street Department Seal Coat Program. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids. Resolution approving award of bid to Bituminous Materials & Supply, LP, of Des Moines, Iowa in the amount of $321,490.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Street Department Seal Coat Program, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Randy Bennett, Division Manager RESOLUTIONS 1. Resolution approving five year Collective Bargaining Agreement with AFSCME Local 1195 Planners and Engineers with wage reopener in years four and five; AFSCME Local 1195 Police Lieutenants and Code Enforcement Officers with wage reopener in years four and five; Teamsters Local 238 with wage reopener in years four and five; Municipal Employees Local Union No.177; Communication Workers of America; Waterloo Police Protective Association with wage and insurance reopener in years four and five and International Association of Fire Fighters Local No. 66 with wage and insurance reopener in years four and five, and authorizing the Mayor and Human Resources Director to execute said documents. Submitted by: Lance Dunn, Director 2. Resolution approving a three percent salary increase for non -bargaining employees effective July 1, 2023. Submitted by: Lance Dunn, Director 3. Resolution approving a contract with the Waterloo Housing Trust Fund 10, in the amount of $47,470.00, in conjunction with the Emergency Repair Program, and authorizing the Board Chair to execute said document. Page 7 of 425 Submitted by: Rudy Jones, Director 4. Resolution approving Addendum No. 2 to a Professional Services Agreement with Robinson Engineering Company of Independence, Iowa, originally executed April 5, 2021, in an amount not to exceed $12,484.00, in conjunction with the FY 2022 North Crossing Area Study, Contract No. 1050, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 5. Resolution approving a Professional Services Agreement with HR Green, in an amount not to exceed $4,600.00, to complete a Phase I Environmental Site Assessment (ESA), on property located at 200 East Mullan Avenue, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Director 6. Resolution approving the Real Estate Purchase Agreement with Robert D. Brandt for the City's acquisition of 1335 Mullberry Street and adjacent lot, in the amount of $12,580.00 plus up to $2,000.00 in closing costs, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Director 7. Resolution approving a Subordination Agreement with Union at North Crossing, LP, for the benefit of Huntington National Bank, pertaining to obligations under the Real Estate Purchase Agreement dated August 1, 2022, and amended April 13, 2023, by Instrument Nos. 2023-6156, filed October 14, 2022, and 2023-13814, filed April 25, 2023, with the Black Hawk County Recorders Office, for a project located north of 501 Lakeside Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Director 8. Resolution approving a Development Agreement with Babic Properties, LLC, for the construction of a new duplex on an infill lot, including a $10,000.00 infill incentive upon substantial completion of said duplex, and authorizing Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Director 9. Resolution approving a Development Agreement with Babic Properties, LLC, for the construction of a four unit residential building on an infill lot located on Ravenwood Circle south of Ravenwood Road, including a $20,000.00 infill incentive upon substantial completion of said four units, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Director 10. Resolution approving a Professional Services Agreement with Automatic Systems Company of Ames, Iowa, in the amount of $86,850.00, in conjunction with the Satellite Blower Control Panel Upgrades, and authorizing the Mayor and City Clerk to execute said document. Page 8 of 425 Submitted by: Randy Bennett, Division Manager 11. Resolution approving an Agreement for the Traffic Safety Improvement Program Funding Grant with the Iowa Department of Transportation, in the amount of $500,000.00, in conjunction with the construction of a roundabout at Hammond Avenue and Shaulis Road, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Randy Bennett, Division Manager 12. Resolution approving Amendment No. 1 to the Agreement with Strand Associates, Inc., of Madison, Wisconsin, originally executed on December 8, 2022, to amend the completion date from April 28, 2023, to July 31, 2023, in conjunction with the Related Services Third -Party Renewable Natural Gas Project, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Division Manager 13. Resolution approving Supplemental Agreement No. 5 with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $125,000.00, in conjunction with the Planning and Engineering Services Agreement originally executed on September 8, 2015, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Division Manager 14. Resolution approving Amendment No. 1 with Ritland+Kuiper Architects, of Waterloo, Iowa, in the amount of $476,275.00, in conjunction with the Gates Park Redevelopment Service Agreement, originally executed on June 20, 2022, and authorizing the Mayor to execute said document. Submitted by: Travis Nichols, Facilities/Project Manager ORDINANCES 1. An ordinance amending the City of Waterloo Traffic Code, by repealing Subsection (268a), Mockingbird Lane, west side of the 4100 block Section 551, Parking Prohibited At All Times On Certain Streets, in its entirety. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Traffic Code, by repealing Subsection (268a), Mockingbird Lane, west side of the 4100 block Section 551, Parking Prohibited At All Times On Certain Streets, in its entirety. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Randy Bennett, Division Manager ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 9 of 425 (J • 0 O U tM Q. a) o E4-1 a i 4' `° . � '� W ',0 0 �, o o cn �" U o '4 w �o ;� 03 0-0 0 "0 -0 O 0 I)1 0 - ,, � O a"O-, 0 N �O c O c a� .fl U . y g p a) a) as 4] 'O a) 'd U w O a) �-� g i.0 .+ Q) o �; i C� o v, � O 'O nzi0 c4 Q a O bA a) O O bA U v 0 0 0 es w '" v, P O :^ cad 4r O % Q. i. hc a � 00 0+ a 00�4,'te O -o 0 as ' cd S id I H b4. i_JO U 0 E U� 0 0 43� id 0 0 a) a.E ch U O . es r ., 0 < 0 0 -0 o 0 0 0 io JD >al L" O cn O v� aj 1-, O U O bA 4) N ›, 0 O O 0 p U } E 'CS O r a) �' v, o ~ • O V CI ai bA 2 p 110 'b , a 0 . :B rn rid cad fa,gi O U 0 X 0 c, a) • o a� rd °t i/4o 0 0 Page 11 of 425 CITY OF ATERLOO J IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving the request of Jack White, for a waiver for a concrete driveway, located at 2200 Cardinal Drive, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.AII work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 12 of 425 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION MIDWAY IN CASTLE HILL S 160 FT LOT 25 ATTACHMENTS 1. DW Waiver 2200 Cardinal Dr Page 13 of 425 WAIVER Date: s/ ‘r 23 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 L(concre or asphalt) aaVao Card' ialJive_) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (Le., 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: 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, (Please make payment to: City of Waterloo.) � 1 Printed Name of Property Owner Signet of Proper y Owner Page 14 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving the request of Rhonda Moothart, for a waiver for a concrete driveway, located at 224 W. Orange Road, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.AII work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 15 of 425 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Lot No. Twenty-two (22) in Lichty Orange Addition, in Black Hawk County, Iowa. ATTACHMENTS 1. DW Waiver_224 W Orange Rd Page 16 of 425 WAIVER Date: �� " l c \O 3 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 .onc,c•e±e J driveway or sidewalk located at (concrete or asphalt) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (Le., exposed aggregate, brick stamped pattern, paving brick), elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: 1 agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 6. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, (Please make payment to: City of Waterloo.) RhDfAU\A\r\G* \In a_`(`(\6c Ceti Printed Name of Property Owner Signature of Property Owner Page 17 of 425i CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving the request of Refik Sakanovic, for a waiver for a concrete driveway, located at 1003 Denver Street, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.AII work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 18 of 425 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 6 in Block 5 in "Fay's" Addition to the City of Waterloo, IA ATTACHMENTS 1. DW Waiver 1003 Denver St Page 19 of 425 WAIVER Date: 5/3I20z3 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: hereby request a waiver to the driveway and sidewalk specifications for the construction of a � driveway or sidewalk located at concretr asphalt) /00 3 D.akiver 54. (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: 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, (Please make payment to: City of Waterloo.) TE Fi p 14.A .14 0,e Printed Name of Property Owner • jJ Signature of Property Owner Page 20 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Martin Petersen, City Attorney Code Enforcement Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving request to certify assessments for unpaid snow and hazardous tree removal, weed mowing, and lot clean-ups, for payments dated July 1, 2021 - December 31, 2022, in the amount of $111,127.65, for properties listed on attached exhibit "A". RECOMMENDED COUNCIL ACTION Approve SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. MBOpenlnvoiceReport junk Page 21 of 425 2. MBOpenlnvoiceReporthaztree 3. MBOpenlnvoiceReportweed 4. MBOpenlnvoiceReport snow Page 22 of 425 Invoice Invoice Date G/L Date Due Date Invoice Amount MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice Late Fees Finance Charges Payments Balance Invoice Type JUNK - Property Cleanup 2022-00000063 02/24/2022 02/24/2022 03/24/2022 265.79 .00 .00 .00 265.79 2022-00000064 02/24/2022 02/24/2022 03/24/2022 327.44 .00 .00 .00 327.44 2022-00000065 02/24/2022 02/24/2022 03/24/2022 138.06 .00 .00 .00 138.06 2022-00000068 02/24/2022 02/24/2022 03/24/2022 2,277.60 .00 .00 .00 2,277.60 2022-00000069 02/24/2022 02/24/2022 03/24/2022 224.38 .00 .00 .00 224.38 2022-00000071 02/25/2022 02/25/2022 03/25/2022 497.65 .00 .00 .00 497.65 2022-00000072 02/25/2022 02/25/2022 03/25/2022 321.06 .00 .00 .00 321.06 2022-00000073 02/25/2022 02/25/2022 03/25/2022 110.53 .00 .00 .00 110.53 2022-00000075 02/25/2022 02/25/2022 03/25/2022 290.47 .00 .00 .00 290.47 2022-00000077 03/18/2022 03/18/2022 04/18/2022 135.49 .00 .00 .00 135.49 2022-00000078 03/18/2022 03/18/2022 04/18/2022 146.54 .00 .00 .00 146.54 2022-00000079 03/18/2022 03/18/2022 04/18/2022 147.49 .00 .00 .00 147.49 2022-00000080 03/30/2022 03/30/2022 04/30/2022 135.49 .00 .00 .00 135.49 2022-00000081 03/30/2022 03/30/2022 04/30/2022 203.06 .00 .00 .00 203.06 2022-00000082 04/27/2022 04/27/2022 05/27/2022 135.49 .00 .00 .00 135.49 2022-00000083 04/27/2022 04/27/2022 05/27/2022 497.65 .00 .00 .00 497.65 2022-00000084 04/27/2022 04/27/2022 05/27/2022 175.53 .00 .00 .00 175.53 2022-00000085 04/27/2022 04/27/2022 05/27/2022 1,750.61 .00 .00 .00 1,750.61 2022-00000086 04/27/2022 04/27/2022 05/27/2022 399.46 .00 .00 .00 399.46 2022-00000088 04/27/2022 04/27/2022 05/27/2022 1,528.91 .00 .00 .00 1,528.91 2022-00000089 04/27/2022 04/27/2022 05/27/2022 141.49 .00 .00 .00 141.49 2022-00000090 04/27/2022 04/27/2022 05/27/2022 162.49 .00 .00 .00 162.49 2022-00000091 04/27/2022 04/27/2022 05/27/2022 209.49 .00 .00 .00 209.49 2022-00000092 04/27/2022 04/27/2022 05/27/2022 203.49 .00 .00 .00 203.49 2022-00000093 04/27/2022 04/27/2022 05/27/2022 135.49 .00 .00 .00 135.49 2022-00000094 04/27/2022 04/27/2022 05/27/2022 135.49 .00 .00 .00 135.49 2022-00000095 04/29/2022 04/29/2022 05/29/2022 237.71 .00 .00 .00 237.71 2022-00000096 04/29/2022 04/29/2022 05/29/2022 135.49 .00 .00 .00 135.49 2022-00000097 04/29/2022 04/29/2022 05/29/2022 135.49 .00 .00 .00 135.49 2022-00000098 04/29/2022 04/29/2022 05/29/2022 135.49 .00 .00 .00 135.49 2022-00000099 04/29/2022 04/29/2022 05/29/2022 135.49 .00 .00 .00 135.49 2022-00000100 04/29/2022 04/29/2022 05/29/2022 135.49 .00 .00 .00 135.49 2022-00000101 04/29/2022 04/29/2022 05/29/2022 422.26 .00 .00 .00 422.26 2022-00000103 04/29/2022 04/29/2022 05/29/2022 135.49 .00 .00 .00 135.49 2022-00000104 04/29/2022 04/29/2022 05/29/2022 150.49 .00 .00 .00 150.49 2022-00000105 05/16/2022 05/16/2022 06/16/2022 1,598.31 .00 .00 .00 1,598.31 2022-00000106 05/16/2022 05/16/2022 06/16/2022 1,958.80 .00 .00 .00 1,958.80 2022-00000107 05/16/2022 05/16/2022 06/16/2022 135.49 .00 .00 .00 135.49 2022-00000108 05/16/2022 05/16/2022 06/16/2022 147.49 .00 .00 .00 147.49 2022-00000109 05/16/2022 05/16/2022 06/16/2022 135.49 .00 .00 .00 135.49 Run by Shannon Steimel on 05/18/2023 08:46:56 AM Page 1 of 3 Page 23 of 425 2022-00000111 2022-00000112 2022-00000113 2022-00000114 2022-00000115 2022-00000116 2022-00000117 2022-00000118 2022-00000119 2022-00000120 2022-00000121 2022-00000122 2022-00000123 2022-00000124 2022-00000125 2022-00000126 2022-00000127 2022-00000128 2023-00070522 2023-00070523 2023-00070525 2023-00070526 2023-00070527 2023-00070528 2023-00070529 2023-00070530 2023-00070531 2023-00070532 2023-00070533 2023-00070534 2023-00070535 2023-00070537 2023-00070538 2023-00070539 2023-00070540 2023-00070542 2023-00070543 2023-00070544 2023-00070545 2023-00070546 2023-00070547 2023-00070548 2023-00070549 2023-00070551 2023-00070554 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice 05/16/2022 05/16/2022 06/16/2022 138.49 .00 .00 .00 138.49 05/16/2022 05/16/2022 06/16/2022 200.49 .00 .00 .00 200.49 05/16/2022 05/16/2022 06/16/2022 147.49 .00 .00 .00 147.49 06/24/2022 06/24/2022 07/24/2022 354.38 .00 .00 .00 354.38 06/24/2022 06/24/2022 07/24/2022 167.99 .00 .00 .00 167.99 06/24/2022 06/24/2022 07/24/2022 428.96 .00 .00 .00 428.96 06/24/2022 06/24/2022 07/24/2022 180.57 .00 .00 .00 180.57 06/24/2022 06/24/2022 07/24/2022 180.57 .00 .00 .00 180.57 06/24/2022 06/24/2022 07/24/2022 216.90 .00 .00 .00 216.90 06/24/2022 06/24/2022 07/24/2022 186.57 .00 .00 .00 186.57 06/24/2022 06/24/2022 07/24/2022 302.65 .00 .00 .00 302.65 06/24/2022 06/24/2022 07/24/2022 1,061.51 .00 .00 .00 1,061.51 06/24/2022 06/24/2022 07/24/2022 135.49 .00 .00 .00 135.49 06/24/2022 06/24/2022 07/24/2022 278.52 .00 .00 .00 278.52 06/24/2022 06/24/2022 07/24/2022 343.52 .00 .00 .00 343.52 06/24/2022 06/24/2022 07/24/2022 627.11 .00 .00 .00 627.11 06/24/2022 06/24/2022 07/24/2022 138.49 .00 .00 .00 138.49 06/24/2022 06/24/2022 07/24/2022 135.49 .00 .00 .00 135.49 08/16/2022 08/16/2022 09/16/2022 135.49 .00 .00 .00 135.49 08/16/2022 08/16/2022 09/16/2022 427.02 .00 .00 .00 427.02 08/16/2022 08/16/2022 09/16/2022 875.41 .00 .00 .00 875.41 08/16/2022 08/16/2022 09/16/2022 1,523.07 .00 .00 .00 1,523.07 08/16/2022 08/16/2022 09/16/2022 991.31 .00 .00 .00 991.31 08/16/2022 08/16/2022 09/16/2022 179.99 .00 .00 .00 179.99 08/16/2022 08/16/2022 09/16/2022 170.54 .00 .00 .00 170.54 08/16/2022 08/16/2022 09/16/2022 7,865.12 .00 .00 .00 7,865.12 08/16/2022 08/16/2022 09/16/2022 135.49 .00 .00 .00 135.49 08/16/2022 08/16/2022 09/16/2022 167.99 .00 .00 .00 167.99 08/16/2022 08/16/2022 09/16/2022 425.19 .00 .00 .00 425.19 08/16/2022 08/16/2022 09/16/2022 135.49 .00 .00 .00 135.49 08/16/2022 08/16/2022 09/16/2022 135.49 .00 .00 .00 135.49 08/16/2022 08/16/2022 09/16/2022 174.49 .00 .00 .00 174.49 08/16/2022 08/16/2022 09/16/2022 135.49 .00 .00 .00 135.49 08/16/2022 08/16/2022 09/16/2022 167.99 .00 .00 .00 167.99 08/16/2022 08/16/2022 09/16/2022 2,766.41 .00 .00 .00 2,766.41 10/17/2022 10/17/2022 11/17/2022 559.77 .00 .00 .00 559.77 10/17/2022 10/17/2022 11/17/2022 175.53 .00 .00 .00 175.53 10/17/2022 10/17/2022 11/17/2022 175.53 .00 .00 .00 175.53 10/17/2022 10/17/2022 11/17/2022 175.53 .00 .00 .00 175.53 10/17/2022 10/17/2022 11/17/2022 175.53 .00 .00 .00 175.53 10/17/2022 10/17/2022 11/17/2022 175.53 .00 .00 .00 175.53 10/17/2022 10/17/2022 11/17/2022 167.76 .00 .00 .00 167.76 10/17/2022 10/17/2022 11/17/2022 175.53 .00 .00 .00 175.53 10/17/2022 10/17/2022 11/17/2022 175.53 .00 .00 .00 175.53 10/19/2022 10/19/2022 11/19/2022 288.20 .00 .00 .00 288.20 Run by Shannon Steimel on 05/18/2023 08:46:56 AM Page 2 of 3 Page 24 of 425 2023-00070555 2023-00070556 2023-00070557 2023-00070558 2023-00070559 2023-00070560 2023-00070562 2023-00070563 2023-00070564 2023-00070565 2023-00070566 2023-00070567 2023-00070569 2023-00070570 2023-00070572 2023-00070573 2023-00070575 2023-00070576 2023-00070577 2023-00070578 2023-00070579 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/19/2022 10/19/2022 11/19/2022 10/20/2022 10/20/2022 11/20/2022 10/20/2022 10/20/2022 11/20/2022 10/20/2022 10/20/2022 11/20/2022 10/20/2022 10/20/2022 11/20/2022 10/20/2022 10/20/2022 11/20/2022 10/20/2022 10/20/2022 11/20/2022 10/20/2022 10/20/2022 11/20/2022 Invoice Type JUNK - Property Cleanup Totals 170.99 135.49 240.74 135.49 357.69 632.89 147.49 135.49 206.99 135.49 1,046.52 183.30 180.57 537.81 97.00 91.00 523.94 1,245.10 2,624.27 902.95 903.51 $50,811.95 $50,811.95 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 $0.00 $0.00 Report By Invoice Type - .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 $0.00 $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 370.00 .00 $370.00 $370.00 Invoice 170.99 135.49 240.74 135.49 357.69 632.89 147.49 135.49 206.99 135.49 1,046.52 183.30 180.57 537.81 97.00 91.00 523.94 1,245.10 2,624.27 532.95 903.51 $50,441.95 $50,441.95 Run by Shannon Steimel on 05/18/2023 08:46:56 AM Page 3 of 3 Page 25 of 425 Invoice Invoice Date G/L Date Due Date Invoice Amount MB Open Invoice Report Miscellaneous Billing As of 01/26/23 Report By Invoice Type - Invoice Late Fees Finance Charges Payments Balance Invoice Type HAZTREE - Hazardoud Tree Removal 2022-00000001 20062 - 01/18/2022 01/18/2022 02/18/2022 2022-00000002 23719 - 01/18/2022 01/18/2022 02/18/2022 2023-00075016 23866 - 08/15/2022 08/15/2022 09/15/2022 Invoice Type HAZTREE - Hazardoud Tree Removal Totals 1,695.00 .00 .00 .00 1,695.00 1,295.00 .00 .00 .00 1,295.00 3,895.00 .00 .00 .00 3,895.00 $6,885.00 $0.00 $0.00 $0.00 $6,885.00 $6,885.00 $0.00 $0.00 $0.00 $6,885.00 Run by Shannon Steimel on 05/18/2023 07:28:13 AM Page 1 of 1 Page 26 of 425 Invoice Invoice Date G/L Date Due Date Invoice Amount MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice Late Fees Finance Charges Payments Balance Invoice Type WEED - 2022-00000380 2022-00000382 2022-00000383 2023-00080451 2023-00080452 2023-00080453 2023-00080454 2023-00080457 2023-00080460 2023-00080461 2023-00080462 2023-00080463 2023-00080464 2023-00080465 2023-00080466 2023-00080467 2023-00080468 2023-00080469 2023-00080470 2023-00080471 2023-00080472 2023-00080473 2023-00080474 2023-00080475 2023-00080476 2023-00080477 2023-00080481 2023-00080482 2023-00080483 2023-00080487 2023-00080488 2023-00080489 2023-00080490 2023-00080491 2023-00080492 2023-00080493 2023-00080494 2023-00080495 2023-00080496 2023-00080497 Weed Mowing 03/21/2022 03/21/2022 03/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/22/2022 07/22/2022 07/22/2022 07/22/2022 07/22/2022 07/22/2022 07/22/2022 07/22/2022 07/25/2022 07/25/2022 07/25/2022 07/25/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 03/21/2022 03/21/2022 03/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/21/2022 07/22/2022 07/22/2022 07/22/2022 07/22/2022 07/22/2022 07/22/2022 07/22/2022 07/22/2022 07/25/2022 07/25/2022 07/25/2022 07/25/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 07/26/2022 04/21/2022 04/21/2022 04/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/21/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/25/2022 08/25/2022 08/25/2022 08/25/2022 08/26/2022 08/26/2022 08/26/2022 08/26/2022 08/26/2022 08/26/2022 08/26/2022 08/26/2022 08/26/2022 08/26/2022 85.00 .00 85.00 .00 166.25 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 122.70 .00 125.30 .00 198.75 .00 179.25 .00 112.30 .00 88.25 .00 88.25 .00 101.25 .00 166.25 .00 296.25 .00 122.70 .00 133.75 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 85.00 .00 .00 .00 85.00 .00 .00 85.00 .00 .00 166.25 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 122.70 .00 .00 125.30 .00 .00 198.75 .00 .00 179.25 .00 .00 112.30 .00 .00 88.25 .00 .00 88.25 .00 .00 101.25 .00 .00 166.25 .00 .00 296.25 .00 .00 122.70 .00 .00 133.75 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 .00 .00 85.00 Run by Shannon Steimel on 05/18/2023 08:09:32 AM Page 1 of 10 Page 27 of 425 2023-00080498 2023-00080499 2023-00080500 2023-00080501 2023-00080502 2023-00080503 2023-00080504 2023-00080505 2023-00080506 2023-00080507 2023-00080508 2023-00080509 2023-00080510 2023-00080511 2023-00080512 2023-00080513 2023-00080514 2023-00080515 2023-00080516 2023-00080517 2023-00080518 2023-00080519 2023-00080520 2023-00080521 2023-00080522 2023-00080523 2023-00080524 2023-00080525 2023-00080526 2023-00080527 2023-00080528 2023-00080529 2023-00080530 2023-00080531 2023-00080532 2023-00080533 2023-00080534 2023-00080535 2023-00080536 2023-00080537 2023-00080538 2023-00080539 2023-00080540 2023-00080541 2023-00080542 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice 07/26/2022 07/26/2022 08/26/2022 85.00 .00 .00 .00 85.00 07/26/2022 07/26/2022 08/26/2022 85.00 .00 .00 .00 85.00 07/26/2022 07/26/2022 08/26/2022 85.00 .00 .00 .00 85.00 07/26/2022 07/26/2022 08/26/2022 85.00 .00 .00 .00 85.00 07/26/2022 07/26/2022 08/26/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/27/2022 07/27/2022 08/27/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 07/28/2022 07/28/2022 08/28/2022 85.00 .00 .00 .00 85.00 Run by Shannon Steimel on 05/18/2023 08:09:32 AM Page 2 of 10 Page 28 of 425 2023-00080543 2023-00080544 2023-00080545 2023-00080546 2023-00080547 2023-00080548 2023-00080549 2023-00080550 2023-00080551 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85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 288.45 122.70 133.75 168.20 103.20 142.20 140.25 101.25 198.75 99.00 200.12 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 288.45 122.70 133.75 168.20 103.20 142.20 140.25 101.25 198.75 99.00 200.12 Run by Shannon Steimel on 05/18/2023 08:09:32 AM Page 3 of 10 Page 29 of 425 2023-00080591 2023-00080593 2023-00080594 2023-00080595 2023-00080597 2023-00080598 2023-00080601 2023-00080602 2023-00080603 2023-00080604 2023-00080605 2023-00080606 2023-00080607 2023-00080610 2023-00080611 2023-00080612 2023-00080615 2023-00080616 2023-00080617 2023-00080618 2023-00080619 2023-00080621 2023-00080628 2023-00080630 2023-00080631 2023-00080634 2023-00080637 2023-00080638 2023-00080640 2023-00080641 2023-00080642 2023-00080643 2023-00080644 2023-00080645 2023-00080647 2023-00080648 2023-00080652 2023-00080655 2023-00080656 2023-00080657 2023-00080658 2023-00080659 2023-00080660 2023-00080663 2023-00080664 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/19/2022 08/19/2022 08/19/2022 08/19/2022 08/19/2022 08/19/2022 08/19/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/17/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/18/2022 08/19/2022 08/19/2022 08/19/2022 08/19/2022 08/19/2022 08/19/2022 08/19/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 08/22/2022 09/17/2022 09/17/2022 09/17/2022 09/17/2022 09/17/2022 09/17/2022 09/17/2022 09/17/2022 09/17/2022 09/17/2022 09/17/2022 09/18/2022 09/18/2022 09/18/2022 09/18/2022 09/18/2022 09/18/2022 09/18/2022 09/18/2022 09/18/2022 09/18/2022 09/19/2022 09/19/2022 09/19/2022 09/19/2022 09/19/2022 09/19/2022 09/19/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 124.28 99.00 102.95 132.18 110.85 99.00 105.32 158.25 113.22 108.48 124.28 213.55 200.12 234.88 105.32 124.28 229.35 116.38 155.88 105.32 118.75 99.00 113.22 121.12 134.55 132.18 195.38 179.58 168.52 129.02 102.95 99.00 140.08 108.48 132.18 99.00 168.52 179.58 136.92 113.22 113.22 99.00 99.00 136.92 113.22 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 124.28 99.00 102.95 132.18 110.85 99.00 105.32 158.25 113.22 108.48 124.28 213.55 200.12 234.88 105.32 124.28 229.35 116.38 155.88 105.32 118.75 99.00 113.22 121.12 134.55 132.18 195.38 179.58 168.52 129.02 102.95 99.00 140.08 108.48 132.18 99.00 168.52 179.58 136.92 113.22 113.22 99.00 99.00 136.92 113.22 Run by Shannon Steimel on 05/18/2023 08:09:32 AM Page 4 of 10 Page 30 of 425 2023-00080665 2023-00080666 2023-00080668 2023-00080669 2023-00080670 2023-00080671 2023-00080672 2023-00080673 2023-00080674 2023-00080675 2023-00080676 2023-00080677 2023-00080678 2023-00080679 2023-00080680 2023-00080681 2023-00080682 2023-00080683 2023-00080684 2023-00080685 2023-00080686 2023-00080687 2023-00080688 2023-00080689 2023-00080690 2023-00080691 2023-00080692 2023-00080696 2023-00080697 2023-00080699 2023-00080700 2023-00080701 2023-00080702 2023-00080703 2023-00080704 2023-00080705 2023-00080706 2023-00080707 2023-00080708 2023-00080709 2023-00080710 2023-00080711 2023-00080712 2023-00080713 2023-00080714 08/22/2022 08/22/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/26/2022 08/26/2022 08/26/2022 08/26/2022 08/26/2022 08/22/2022 08/22/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/24/2022 08/26/2022 08/26/2022 08/26/2022 08/26/2022 08/26/2022 09/22/2022 09/22/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/24/2022 09/29/2022 09/29/2022 09/29/2022 09/29/2022 09/29/2022 247.52 132.18 85.00 101.25 140.25 122.70 85.00 250.75 209.80 85.00 85.00 85.00 85.00 85.00 103.20 85.00 107.75 133.75 144.80 112.30 86.30 101.25 133.75 133.75 144.80 105.80 107.75 112.30 85.00 85.00 85.00 112.30 92.80 133.75 85.00 122.70 85.00 85.00 85.00 90.20 85.00 85.00 85.00 85.00 85.00 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 247.52 132.18 85.00 101.25 140.25 122.70 85.00 250.75 209.80 85.00 85.00 85.00 85.00 85.00 103.20 85.00 107.75 133.75 144.80 112.30 86.30 101.25 133.75 133.75 144.80 105.80 107.75 112.30 85.00 85.00 85.00 112.30 92.80 133.75 85.00 122.70 85.00 85.00 85.00 90.20 85.00 85.00 85.00 85.00 85.00 Run by Shannon Steimel on 05/18/2023 08:09:32 AM Page 5 of 10 Page 31 of 425 2023-00080715 2023-00080716 2023-00080717 2023-00080718 2023-00080719 2023-00080720 2023-00080721 2023-00080722 2023-00080723 2023-00080724 2023-00080725 2023-00080726 2023-00080727 2023-00080728 2023-00080729 2023-00080730 2023-00080731 2023-00080732 2023-00080733 2023-00080734 2023-00080736 2023-00080737 2023-00080738 2023-00080739 2023-00080740 2023-00080741 2023-00080742 2023-00080743 2023-00080744 2023-00080745 2023-00080746 2023-00080747 2023-00080748 2023-00080749 2023-00080750 2023-00080751 2023-00080752 2023-00080753 2023-00080754 2023-00080755 2023-00080756 2023-00080757 2023-00080758 2023-00080759 2023-00080760 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/26/2022 08/26/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 94.75 .00 .00 .00 94.75 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 88.25 .00 .00 .00 88.25 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/29/2022 08/29/2022 09/29/2022 85.00 .00 .00 .00 85.00 08/30/2022 08/30/2022 09/30/2022 85.00 .00 .00 .00 85.00 08/30/2022 08/30/2022 09/30/2022 85.00 .00 .00 .00 85.00 08/30/2022 08/30/2022 09/30/2022 85.00 .00 .00 .00 85.00 08/30/2022 08/30/2022 09/30/2022 85.00 .00 .00 .00 85.00 08/30/2022 08/30/2022 09/30/2022 85.00 .00 .00 .00 85.00 08/30/2022 08/30/2022 09/30/2022 85.00 .00 .00 .00 85.00 08/30/2022 08/30/2022 09/30/2022 118.80 .00 .00 .00 118.80 08/30/2022 08/30/2022 09/30/2022 85.00 .00 .00 .00 85.00 08/30/2022 08/30/2022 09/30/2022 85.00 .00 .00 .00 85.00 08/30/2022 08/30/2022 09/30/2022 85.00 .00 .00 .00 85.00 Run by Shannon Steimel on 05/18/2023 08:09:32 AM Page 6 of 10 Page 32 of 425 2023-00080761 2023-00080762 2023-00080763 2023-00080764 2023-00080765 2023-00080766 2023-00080767 2023-00080768 2023-00080769 2023-00080773 2023-00080775 2023-00080777 2023-00080778 2023-00080780 2023-00080781 2023-00080783 2023-00080784 2023-00080785 2023-00080786 2023-00080788 2023-00080789 2023-00080790 2023-00080793 2023-00080796 2023-00080797 2023-00080798 2023-00080799 2023-00080801 2023-00080802 2023-00080803 2023-00080805 2023-00080808 2023-00080809 2023-00080810 2023-00080811 2023-00080812 2023-00080813 2023-00080814 2023-00080816 2023-00080817 2023-00080819 2023-00080820 2023-00080821 2023-00080822 2023-00080826 08/30/2022 08/30/2022 08/30/2022 08/30/2022 08/30/2022 08/30/2022 08/30/2022 08/30/2022 08/30/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 08/30/2022 08/30/2022 08/30/2022 08/30/2022 08/30/2022 08/30/2022 08/30/2022 08/30/2022 08/30/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/22/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/23/2022 09/30/2022 09/30/2022 09/30/2022 09/30/2022 09/30/2022 09/30/2022 09/30/2022 09/30/2022 09/30/2022 10/22/2022 10/22/2022 10/22/2022 10/22/2022 10/22/2022 10/22/2022 10/22/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 10/23/2022 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 115.59 326.52 158.25 324.15 174.05 99.00 99.00 134.55 221.45 168.52 99.00 99.00 99.00 118.75 99.00 99.00 162.99 158.25 184.32 107.69 99.00 99.00 118.75 99.00 99.00 107.69 99.00 99.00 99.00 99.00 99.00 168.52 126.65 113.22 150.35 99.00 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 115.59 326.52 158.25 324.15 174.05 99.00 99.00 134.55 221.45 168.52 99.00 99.00 99.00 118.75 99.00 99.00 162.99 158.25 184.32 107.69 99.00 99.00 118.75 99.00 99.00 107.69 99.00 99.00 99.00 99.00 99.00 168.52 126.65 113.22 150.35 99.00 Run by Shannon Steimel on 05/18/2023 08:09:32 AM Page 7 of 10 Page 33 of 425 2023-00080827 2023-00080828 2023-00080830 2023-00080835 2023-00080837 2023-00080838 2023-00080842 2023-00080843 2023-00080844 2023-00080845 2023-00080846 2023-00080848 2023-00080850 2023-00080854 2023-00080856 2023-00080857 2023-00080858 2023-00080859 2023-00080860 2023-00080861 2023-00080862 2023-00080863 2023-00080864 2023-00080865 2023-00080866 2023-00080867 2023-00080868 2023-00080869 2023-00080870 2023-00080871 2023-00080872 2023-00080873 2023-00080874 2023-00080875 2023-00080876 2023-00080877 2023-00080878 2023-00080879 2023-00080880 2023-00080881 2023-00080883 2023-00080884 2023-00080885 2023-00080887 2023-00080888 09/23/2022 09/23/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/23/2022 09/23/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/26/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 10/23/2022 10/23/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/26/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 99.00 134.55 218.29 116.38 99.00 99.00 178.79 99.00 99.00 99.00 152.72 99.79 181.95 99.00 99.00 150.35 205.65 110.85 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.65 85.00 85.00 85.00 85.00 94.75 85.00 85.00 85.00 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 99.00 134.55 218.29 116.38 99.00 99.00 178.79 99.00 99.00 99.00 152.72 99.79 181.95 99.00 99.00 150.35 205.65 110.85 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.65 85.00 85.00 85.00 85.00 94.75 85.00 85.00 85.00 Run by Shannon Steimel on 05/18/2023 08:09:32 AM Page 8 of 10 Page 34 of 425 2023-00080889 2023-00080890 2023-00080891 2023-00080892 2023-00080893 2023-00080894 2023-00080895 2023-00080896 2023-00080897 2023-00080898 2023-00080899 2023-00080900 2023-00080901 2023-00080902 2023-00080903 2023-00080904 2023-00080905 2023-00080906 2023-00080907 2023-00080908 2023-00080909 2023-00080910 2023-00080911 2023-00080912 2023-00080913 2023-00080914 2023-00080915 2023-00080916 2023-00080917 2023-00080918 2023-00080919 2023-00080920 2023-00080921 2023-00080922 2023-00080923 2023-00080924 2023-00080925 2023-00080926 2023-00080927 2023-00080928 2023-00080929 2023-00080930 2023-00080931 2023-00080932 2023-00080933 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/27/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/27/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 10/28/2022 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.65 98.65 85.00 85.65 85.00 85.00 85.00 122.70 85.65 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 96.70 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 90.20 85.00 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.65 98.65 85.00 85.65 85.00 85.00 85.00 122.70 85.65 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 96.70 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 85.00 90.20 85.00 Run by Shannon Steimel on 05/18/2023 08:09:32 AM Page 9 of 10 Page 35 of 425 2023-00080934 2023-00080935 2023-00080936 2023-00080937 2023-00080938 2023-00080939 2023-00080940 2023-00080944 2023-00080946 2023-00080947 2023-00080948 2023-00080950 2023-00080951 2023-00080952 2023-00080954 2023-00080955 2023-00080956 2023-00080957 2023-00080958 2023-00080961 2023-00080962 2023-00080964 2023-00080965 2023-00080967 2023-00080968 2023-00080969 2023-00080970 2023-00080971 2023-00080972 2023-00080973 2023-00080975 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 09/28/2022 11/17/2022 11/17/2022 11/17/2022 11/17/2022 11/17/2022 11/17/2022 11/17/2022 11/17/2022 11/17/2022 11/17/2022 11/17/2022 11/18/2022 11/18/2022 11/18/2022 11/18/2022 11/18/2022 11/18/2022 11/18/2022 11/18/2022 11/18/2022 11/18/2022 11/18/2022 11/18/2022 11/18/2022 Invoice Type 09/28/2022 10/28/2022 09/28/2022 10/28/2022 09/28/2022 10/28/2022 09/28/2022 10/28/2022 09/28/2022 10/28/2022 09/28/2022 10/28/2022 09/28/2022 10/28/2022 11/17/2022 12/17/2022 11/17/2022 12/17/2022 11/17/2022 12/17/2022 11/17/2022 12/17/2022 11/17/2022 12/17/2022 11/17/2022 12/17/2022 11/17/2022 12/17/2022 11/17/2022 12/17/2022 11/17/2022 12/17/2022 11/17/2022 12/17/2022 11/17/2022 12/17/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 11/18/2022 12/18/2022 WEED - Weed Mowing Totals 85.00 85.00 85.00 85.00 85.00 85.00 85.00 105.32 22.72 115.59 99.00 142.45 99.00 147.19 194.59 142.45 126.65 99.00 99.79 107.69 99.00 181.95 308.35 134.55 305.19 147.19 123.49 99.00 155.09 146.40 99.00 $45,485.95 $45,485.95 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 $0.00 $0.00 Report By Invoice Type - .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 $0.00 $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 $0.00 $0.00 Invoice 85.00 85.00 85.00 85.00 85.00 85.00 85.00 105.32 22.72 115.59 99.00 142.45 99.00 147.19 194.59 142.45 126.65 99.00 99.79 107.69 99.00 181.95 308.35 134.55 305.19 147.19 123.49 99.00 155.09 146.40 99.00 $45,485.95 $45,485.95 Run by Shannon Steimel on 05/18/2023 08:09:32 AM Page 10 of 10 Page 36 of 425 Invoice Invoice Date G/L Date Due Date Invoice Amount MB Open Invoice Report Miscellaneous Billing As of 01/31/23 Report By Invoice Type - Invoice Late Fees Finance Charges Payments Balance Invoice Type SNOW - Sidewalk Snow Removal 2022-00000001 2022-00000002 2022-00000003 2022-00000004 2022-00000005 2022-00000006 2022-00000007 2022-00000008 2022-00000009 2022-00000010 2022-00000011 2022-00000012 2022-00000014 2022-00000016 2022-00000017 2022-00000018 2022-00000019 2022-00000020 2022-00000021 2022-00000022 2022-00000024 2022-00000025 2022-00000026 2022-00000027 2022-00000028 2022-00000029 2022-00000030 2022-00000031 2022-00000032 2022-00000033 2022-00000035 2022-00000036 2022-00000037 2022-00000038 2022-00000041 2022-00000049 2022-00000050 2022-00000051 2022-00000052 2022-00000053 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/27/2022 01/27/2022 01/27/2022 01/27/2022 01/27/2022 01/27/2022 01/27/2022 01/27/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 02/16/2022 02/16/2022 02/16/2022 02/16/2022 02/16/2022 02/16/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/21/2022 01/27/2022 01/27/2022 01/27/2022 01/27/2022 01/27/2022 01/27/2022 01/27/2022 01/27/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 01/28/2022 02/16/2022 02/16/2022 02/16/2022 02/16/2022 02/16/2022 02/16/2022 02/21/2022 02/21/2022 02/21/2022 02/21/2022 02/21/2022 02/21/2022 02/21/2022 02/21/2022 02/21/2022 02/21/2022 02/21/2022 02/21/2022 02/21/2022 02/27/2022 02/27/2022 02/27/2022 02/27/2022 02/27/2022 02/27/2022 02/27/2022 02/27/2022 02/28/2022 02/28/2022 02/28/2022 02/28/2022 02/28/2022 02/28/2022 02/28/2022 02/28/2022 02/28/2022 02/28/2022 02/28/2022 02/28/2022 02/28/2022 03/16/2022 03/16/2022 03/16/2022 03/16/2022 03/16/2022 03/16/2022 110.00 .00 110.00 .00 110.00 .00 110.00 .00 110.00 .00 125.00 .00 110.00 .00 110.00 .00 110.00 .00 110.00 .00 110.00 .00 125.00 .00 110.00 .00 125.00 .00 151.25 .00 110.00 .00 110.00 .00 110.00 .00 110.00 .00 125.00 .00 110.00 .00 110.00 .00 110.00 .00 110.00 .00 125.00 .00 110.00 .00 110.00 .00 110.00 .00 110.00 .00 125.00 .00 110.00 .00 110.00 .00 110.00 .00 110.00 .00 110.00 .00 125.00 .00 125.00 .00 110.00 .00 110.00 .00 110.00 .00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 125.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 125.00 .00 .00 110.00 .00 .00 125.00 .00 .00 151.25 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 125.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 125.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 125.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 .00 .00 125.00 .00 .00 125.00 .00 .00 110.00 .00 .00 110.00 .00 .00 110.00 Run by Shannon Steimel on 05/18/2023 11:38:25 AM Page 1 of 2 Page 37 of 425 2022-00000054 2022-00000057 2022-00000059 2022-00000060 2022-00000062 2022-00000064 2022-00000065 2022-00000066 2022-00000067 2022-00000072 2022-00000073 2022-00000075 2022-00000077 2022-00000079 2022-00000081 2022-00000084 2022-00000085 2022-00000091 2022-00000092 2022-00000093 2022-00000095 2022-00000097 2022-00000100 2022-00000101 2022-00000103 2022-00000104 2022-00000106 2022-00000107 2022-00000113 2022-00000115 2022-00000118 Invoice Type 02/16/2022 02/16/2022 03/16/2022 02/16/2022 02/16/2022 03/16/2022 02/16/2022 02/16/2022 03/16/2022 02/18/2022 02/18/2022 03/18/2022 02/18/2022 02/18/2022 03/18/2022 02/18/2022 02/18/2022 03/18/2022 02/18/2022 02/18/2022 03/18/2022 02/18/2022 02/18/2022 03/18/2022 02/18/2022 02/18/2022 03/18/2022 02/18/2022 02/18/2022 03/18/2022 02/18/2022 02/18/2022 03/18/2022 02/18/2022 02/18/2022 03/18/2022 02/18/2022 02/18/2022 03/18/2022 02/18/2022 02/18/2022 03/18/2022 02/22/2022 02/22/2022 03/22/2022 02/22/2022 02/22/2022 03/22/2022 02/22/2022 02/22/2022 03/22/2022 02/22/2022 02/22/2022 03/22/2022 02/22/2022 02/22/2022 03/22/2022 02/22/2022 02/22/2022 03/22/2022 02/28/2022 02/28/2022 03/28/2022 02/28/2022 02/28/2022 03/28/2022 02/28/2022 02/28/2022 03/28/2022 02/28/2022 02/28/2022 03/28/2022 02/28/2022 02/28/2022 03/28/2022 02/28/2022 02/28/2022 03/28/2022 02/28/2022 02/28/2022 03/28/2022 02/28/2022 02/28/2022 03/28/2022 02/28/2022 02/28/2022 03/28/2022 03/25/2022 03/25/2022 04/25/2022 03/25/2022 03/25/2022 04/25/2022 SNOW - Sidewalk Snow Removal Totals 110.00 110.00 110.00 110.00 110.00 125.00 110.00 110.00 125.00 110.00 110.00 110.00 125.00 110.00 318.50 110.00 125.00 110.00 110.00 110.00 125.00 125.00 110.00 110.00 125.00 110.00 110.00 110.00 110.00 125.00 125.00 $8,314.75 $8,314.75 MB Open Invoice Report Miscellaneous Billing As of 01/31/23 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 $0.00 $0.00 Report By Invoice Type - .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 $0.00 $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 $0.00 $0.00 Invoice 110.00 110.00 110.00 110.00 110.00 125.00 110.00 110.00 125.00 110.00 110.00 110.00 125.00 110.00 318.50 110.00 125.00 110.00 110.00 110.00 125.00 125.00 110.00 110.00 125.00 110.00 110.00 110.00 110.00 125.00 125.00 $8,314.75 $8,314.75 Run by Shannon Steimel on 05/18/2023 11:38:25 AM Page 2 of 2 Page 38 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Division Manager Public Works Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving an exception to the purchasing policy for the purchase of an Elgin Crosswind Street Sweeper 2020 demo unit for the Street Department, in the amount of $205,503.00. RECOMMENDED COUNCIL ACTION Approve Resolution SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. MacQueen Elgin Crosswind Page 39 of 425 MACQUEEN MACQUEEN EQUIPMENT ' EMERGENCY Ship To: SAME AS BELOW Invoice To: CITY OF WATERLOO 625 Glenwood St Waterloo IA 50703 Attention: RICK STRANGE MacQueen Equipment 4607 SE Rio Court Ankeny, IA 50021 515-289-9994 • 800-933-1190 Branch 03 - ANKENY IA Date 05/04/2023 Time 16:39:21 (0) Page 1 Account No WATER008 Phone No 3192914445 Est No 00 Q00635 Ship Via Purchase Order PER RICH S. Tax ID No ANDREW LEE Salesperson 357 / 357 EQUIPMENT ESTIMATE - NOT AN INVOICE Description ** Q U O T E ** Stock #: LS20015 DEMO 2020 ELGIN CROSSWIND VTN: 1FVACXFCOMHM133876 * Approx. Hours: 411 Approx. Miles: 10,808 * SPECS: ALTS-FREIGHTLINER M2 CHS 01-URETHANE LINED HPR 16'8"HOSE 12 IN. CONVEX MIRRORS WHT FREIGHTLINER WHT FREIGHTLINER A -RED LOGO H/P WASHDOWN W/H EXT,4FT ALUM INSPECTION DOOR, RH HOPPR DELUGE BROOM MEASUREMENT RULER LE➢ STOP/TURN/TAIL HYD W/H VAR SPEED SB AUX PUMP AIR FLTR CAB HYD OIL LVL/THERMO MEMORY SWEEP INDIVIDUAL WATER SYS SIDE BROOM SCRUB VAC ENHANCER W/DSPL-T4F RH SB TILT W/DSPL VARIABLE SPD SIDE BROOMS EXPIRY DATE: 05/20/2023 Serial #: JS41666 Amount 205503.00 VisitUsOnlin e www.macqueengroup.com Page 40 of 425 MACQUEEN • MACQUEEN EQUIPMENT EMERGENCY Ship To: SAME AS BELOW IrwoiceTo: CITY OF WATERLOO 625 Glenwood St Waterloo IA 50703 Attention: RICH STRANGE MacQueen Equipment 4607 SE Rio Court Ankeny, IA 50021 515-289-9994 • 800-933-1190 Branch 03 - ANKENY IA Date 05/04/2023 Time 16:39:21 (0) Page 2 Account No WATER008 Phone No 3192914445 Est No 00 Q00635 Ship Via Purchase Order PER RICH S. Tax ID No ANDREW LEE Salesperson 357 / 357 EQUIPMENT ESTIMATE - NOT AN INVOICE Description Authorization: ** Q U 0 T E ** EXPIRY DATE: 05/20/2023 Subtotal: Quote Total: Amount 205503.00 205503.00 QUOTED PRICES ARE BASED ON CURRE COSTS AND THEREFORE SUBJECT TO CHANGE WITH WRITTEN NOTICE TO ACCOUNT FOR PRICING CHANGES BEYOND SELLER'S CONTROL VisitUsOnline www.macqueengroup.com Page 41 of 425 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023, by and between Baltimore Fields, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of or is acquiring title to real property locally known as Baltimore Field and includes parcel nos. 8913-35-138-019 and -021, as further described on Exhibit "A" attached hereto (the "Project Property"). Company desires to undertake a project on the Project Property and is willing and able to finance and construct up to 18 single-family dwellings and related improvements thereon. B. City considers affordable housing development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Projects (defined below) have been undertaken and are being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Project Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Project Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and 1 Page 42 of 425 satisfactory proof of financial ability to undertake and carry on the Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements. The parties contemplate that Company will develop the Project Property to include the Project elements described below and subject to development of more detailed plans. Company acknowledges that it has had a reasonable opportunity to inspect the Project Property and to conduct other due diligence related to the Project. Company agrees to accept the Project Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Project Property, its marketability, or its fitness for any particular purpose. At its own cost Company shall: (a) take all measures necessary to prepare the Project Property for development, (b) plat a subdivision for the Project Property, including therein such dedications, easement reservations, and restrictions as are required by or acceptable to City, generally in accordance with the lot layout and phasing plan attached hereto as Exhibit "B" (the "Layout Plan"), (c) construct to a finished state no fewer than eighteen (18) single-family dwellings generally consistent with the designs depicted on Exhibit "C" attached hereto, including installation of driveways and sidewalks for each lot, (d) install all necessary public infrastructure (including but not limited to extension of water and sewer) to support the Project, (e) install a new street within the subdivision as generally depicted in the Layout Plan, and (f) be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping. (Construction and finishing as so described in each the foregoing clauses are referred to collectively as the "Improvements", and the specific improvements described in clauses (d) and (e) as a subset of the Improvements are referred to as the "Infrastructure Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Project Property, the Improvements, and all site preparation and development -related work to 2 Page 43 of 425 be undertaken and completed by Company under this Agreement are collectively referred to as the "Project". Improvements completed within the schedule established by Section 5 below will be eligible for the benefits provided for in this Agreement, and any Improvements not completed within the prescribed period will not be eligible for said benefits. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Project Property in conformance with construction plans (the "Plans") submitted to the City, which Plans shall be subject to approval as provided in this Section. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. City shall approve the Plans in writing if: (a) the Plans conform to the terms and conditions of this Agreement; (b) the Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (c) the Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (d) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. Approval of Plans hereunder shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. The Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans in whole or in part, Company shall submit new or corrected Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans shall continue to apply until the Plans have been approved by the City; provided, however, that in any event Company shall submit Plans which are approved by City prior to commencement of construction of the Improvements. Approval of the Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans by City be deemed to constitute a waiver of any Event of Default. 4. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to 3 Page 44 of 425 extend the incentives provided for in this Agreement, and that without said commitment City would not have done so. A. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements, including but not limited to the Infrastructure Improvements, within four (4) months after the date of conveyance of the Project Property (the "Project Start Date"), and construction of Infrastructure Improvements and two (2) homes must be Substantially Completed within twelve (12) months thereafter. Company shall thereafter continue construction of new homes and related improvements on a schedule so that no less than two (2) additional homes are Substantially Completed per calendar year (the "Annual Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project element of such phase for which no permit was necessary has been Substantially Completed. B. If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 15, title to the Project Property shall revert to City, and City shall have no further obligation hereunder with respect to the Project. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of any Annual Completion Deadline. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Annual Completion Deadline by a number of days equal to the number of days lost as a result of Unavoidable Delays. If construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 15, title to the Project Property shall revert to City, and City shall have no further obligation hereunder with respect to the Project, nor any duty to compensate Company for any work or materials provided before the termination date or for the added value of any Improvements completed or partially completed. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. C. Termination of this Agreement by City, and any related reverter of title obligations, shall not apply with respect to any area on which Improvements have been Substantially Completed or substantial progress toward completion is being made in City's reasonable judgment (the Project Property other than such excepted area(s) being the "Undeveloped Property"). In the event of any termination, City shall have no further obligations under this Agreement with respect to the Undeveloped Property. 4 Page 45 of 425 D. If Company determines at any time that the Project, in whole or in part, is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Undeveloped Property to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement with respect to the Undeveloped Property, except as expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Undeveloped Property or any part thereof. 5. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the reverted Project Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the reverted Project Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then on Company's behalf and as its attorney -in -fact City shall be authorized, but not required, to execute the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the reverted Project Property of any type or nature whatsoever that attaches to the reverted Project Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Project Property and for payment of any associated connection fees. 7. Incentives. The incentives described in the following subsections of this Section 7 are in addition to the other Project incentives extended by City to Company hereunder. A. Infill Grant. As provided in the City's infill housing policy, City will pay a grant of $5,000.00 to Company for timely completion of each dwelling unit 5 Page 46 of 425 of the Improvements. Each such grant will be payable within sixty (60) days after City has verified that a given unit has been Substantially Completed. B. Partial Tax Exemption. Provided that the Project Property continues to be located in a designated City Limits Urban Revitalization Area (CLURA), the Project Property will be eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company or its successor in title meets all requirements to qualify for such exemption. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Project Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Project Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 9. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Project Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. Notwithstanding the foregoing, Company may sell, convey, and transfer, without City consent, any platted lot in the Project Property upon which a single-family dwelling has been constructed. 10. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses. C. Company will cooperate fully with City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 11. Representations and Warranties of City. City hereby represents and warrants as follows: 6 Page 47 of 425 A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 7 Page 48 of 425 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements on the Project Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Project Property, or this Agreement, without the prior written consent of City, except as otherwise expressly provided in this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; 8 Page 49 of 425 D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within 90 days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within 90 days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any part of the Project Property. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 15. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any Project Property and/or recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. 9 Page 50 of 425 C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 16. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 616 Clay Street, Cedar Falls, Iowa 50613, Attention: Kevin Fittro; with copy to Eric W. Johnson, Beecher Law Firm, 620 Lafayette Street, Waterloo, Iowa 50703. 10 Page 51 of 425 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 22. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 11 Page 52 of 425 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: cligaitr9 BALTIMORE FIELDS, LLC By: Quentin M. Hart, Mayor Kev n Fittro, Manager Attest: Kel 0 r y Felch, City Clerk 1.4 12 Page 53 of 425 EXHIBIT "A" Project Property Description Lot No. 5, except the East 156 feet thereof and except those parts deeded to the City of Waterloo, Iowa in T.L.D. Book 151 at Page 562 and T.L.D. Book 272 at page 391, in Auditor Francis' Reitzel Plat; and the Northerly Half of that part of Byron Avenue in the City of Waterloo, Iowa, lying East of a Northerly extension of the West line of Lot No. 1 in the Orlo C. Miller Addition, and West of a line that is 156 feet West of the West line of Baltimore Street, all in the City of Waterloo, Black Hawk County, State of Iowa. and Orlo C. Miller Addition, all of Lot 1 except the West 30 feet, Lot 2, and all that part of the Southerly one- half of Byron Avenue in the City of Waterloo, Iowa, lying East of a Northerly extension of the West line of Lot No. 1 in Orlo C. Miller Addition, and West of a line that is 156 feet West of the West line of Baltimore Street. Also, all that part of Denver Street in the City of Waterloo, Iowa, lying South of the South line of Byron Avenue and North of the North line of Eureka Street, all in the City of Waterloo, Black Hawk County, Iowa. 1 Page 54 of 425 See attached. EXHIBIT "B" Layout Plan 1 Page 55 of 425 N U ti N C l3 O 7 O , 0 M :caa 0 E To o °LLZ u_ Z t o m c . N -o O W T N - W N U a Page 56 of 425 See attached. EXHIBIT "C" Home Designs 1 Page 57 of 425 50'-0" 28'-0. 2?'-0. / / ♦ \ NT N. ♦ romo T90N LEOsE --I' _ a': M. re 4'-0" , 9 I MBR 4 - g S' CLG. it Ci 4 LDRY. a e u �. 0 3-1n ALAMO PALMAS A.R., RA M.BAT N . GAT • . EGAWDA'...� KITCI-1E1,1 M W.I.C. ILA Q of, �. m 0 5'-6 ° AA IN... " ' 3' 1 tij ---- 5r�7� ---- 3' g" r as wo• a 4 GARAGE c 6'E" 1 ow� > >,~ \ . 1.Irrs :., 550 3Q.FT. FLAT TOP ® le r 4 MATF4 x m 12'-T' a -o IDININCs a' G-G. n i 2 -6" Es' GLG. h Q W.I.C, • hw• "m .' «�. 6' 4 3'-u" m 8 #�s LIVING f-6,f+ • 9' CLG. INSIDE TRAY (RNA ?RAY SPECS PER 'TRUSS [DESIGN) 14-6F5" 7'\"a -. 2-0 1312 *2 acLG. a' CLG. 0; Q . \ \ 9062 WIN 3-0 x64" COVERED PORGN 12'-�" RE y N. \ •- . W32 TUN ' 10'-0° k 12'-0" 4'-10• T•-S" 12'-3. 6'-.1.. 6'-1'' 14-10' 13'-2" , / 22.-0" 28 -0" ✓ 50,.0" ` GARRISON MAIN FLOOR 1433 5Q.FT. APPROVED Builders Preliminary -not for construction fi�ANTNR BUILDERS pp G C GARRISON! JO ...••. AN �.`:�R, w � a w :.AGAG= u" .."� `�sr �r°�—�.,... ,..x°.�... °......� : u: �:w .. REVISIONS DRAWN �, FirstSource DATE. naml ,6, 3 WATERLOO. IA Page 58 of 425 s SHINGLES ' f3/12 P —1a la y k vERIFY GRADE GARRISON FRONT ELEVATION D4 SIDING OPTION LEFT ELEVATION REAR ELEVATION TOP —OF — PI -ATE BJEROY L Aa ADJJBT as m TOP OF SUISFLOOR TOP OF - FOUNDATION 4 TOP OF FOOIlNG_- APPROVE1 EST: DRAWN t3T: DATE: i7anday, January 16, 2023 Builders FirstSource FTERLOO-IA Preliminary -not Tor construction PANTHER BUILDERS CARR ISON Elam +1 (WWII. WWII ......e v..mw ime RI ff eaopottarttgeby asasaucee w.::. '2•14:.rr; uw:.1r tausatame or TRIPLE PLATE off rpa1A111N 14317 TOP OF tom. DO REVISIONS Page 59 of 425 N• 29'-0" 21'-0" 17'-215" II'-9ks" SO3c 1 1 < 4y ,° " 12._1" GU e'"'g , 11-2` K ITCH EN m 40101P.M. PLACht121, FOR 's'ac M.B.R. �o�_„�l, 8' Ceiling 1r Ceiling $ '1,"/ r C. Re . Ib'-015" 5 -b" 10'-10" • u'b", n P''•rl 6lllc cull vum . eiGlr. fl „M DINING .— % 8'Ceiiling 24. W.I.C. � 5�4�� O.yv Washer m l$15 \ 'k 'r t aceir " y' Celling 12'-10" M.BATI-1 L 609 b ® g 4 1." 1I LIvINCs -b" �. O O g' Ceiling 3 v BR *2 = .g o0M 8' Ceiling io" MIN O - A. 'ip6Jia ° 3 a Saw TO• 1 • 3'-8' 3'-9" PO RG" 1 y 9'-- -b" 8' -- -015' ® 9' Ceiling N o BR *3 8' Ceiling 54'"e0''RV ° saOIIHa UNIT - IN' 4010 TRAMSO1I T< 1 5'-10' 5-10' ,2'-6 -94L" , '-0" j, 5'-11" A'-1" 11'-0' 10'-0" I " 5 12'-0° 21'-0" 29:-0" 21-0" LINCOLN MAIN FLOOR 1213 BQ.FT. Q O 9 9 9 Appparip8 ar: D12ALL*i BTU DAtE, Wec••••••• .41W y O. 2023 OBuilders WATi FrstSource RLOO-IA •Prellminaryamt for construction LINCOLN FRONT ACCESS OPTION Zw•...• Vey m, dzaZga re least. l",�, .:•".tha, ,W,.n• dithiethha m�... tha ales wiltlity tor alai. �.alto. 210112125 w. ..~. .ilea., dattalwat. REV 1SIONS Page 60 of 425 OLOPT NUDE FRONT ELEVATION LINCOLN 104 BIDING OP IONt V12P E 1 VINYL 60, i a w TOP WIN 1.6111. LEFT ELEVATION -or of TCP Of FOINTHION Too as Tora PLATY • m'B tin 3 TOP OF YOLIATT MP OP POPTLLLOON TOP OP 1/12 P yoUIT REAR ELEVATION to. PUPS • RAT TOP Of ELEVATION %LOOPY ORALS APPROvED BY: Builders DRAWN BY: F i rstSau rce FATE: Wecfneeday, January IL 20 TF.RT.CC)_ IA Preliminarynot for construction LINCOLN FRONT ACCESS OPTION Pour. posy,. drarizo• ors Ur. pared by en Yrobrepat REvI$ION5 Page 61 of 425 22'-0" 27'-0" * ` "ii * 01 ` - MMN6iwN LeLitr ~ 2d 3�" a L / r� ' 164 ; LANDi IS. 5'� y al •gym. ';l 210.1. M_MS PER WOE .1 I-DRT. ro sGL� �'416" = IOh' -^ R,EMERM 12'-3" • ""A"�NMIlla "o a",,.•. GARAGE �.4 a r MBR Q KITCHEN I,\ IV C.L.G._ a ri a ". ."....4 3 "2 5" 550 fiQ.I=T. to B'am " it8 rs• x as t, $$ . W.I.G. n e' cl.ra. M.$ATH .5 . PINING 'e!. 5� " b O c Vcu . 1 q 3-2 '� 8��� n '7 :. 2-6 ' 2'40" BR 02 ., B GLG. a' CLG. 9' GLls. / INSIDE TRAY (FINAL TRAY SPECS PER TRUSS DESIGN) BATH ✓n Y 1T-Ci B'-Ikz" 14'4.14" BCLG. COVERED PORC1"I BR •3 4 4 41. 4 cz, a' cLG. Ir_Y' . I3' b" . r 11'-O" IY-0" 22'-0" 6'-0" 6.-6" X 2'4" 6'-2" 14-1O" MN } 12'-2" 2-V-0" 49'-0" EASTON MAIN FLOOR 1392 SQ.FT. APPROVED Br_ DATE, MOM, - W. 202* Builders FirstSource •Preliminary•not for construction PANTHER BUILDERS EASTON [or alai. 6.l".e",.som romoomolAsty o= da"Kra o= Ma.. REVISIONS Page 62 of 425 TOP Oc ARP. 61.40E -NI2 P 9HINrim 12 P INGLES t= I I= I �1 EASTON� FRONT ELEVATION RICsI-IT ELEVATION REAR ELEVATION F04 SIDING OPTION! OR TEr TOP OF -TOP OF eltra TOP 0, VCRAVATICal TOP OF 2,2127. APPROVE 1 BT: DRAWN BT: DATE: rlorwiN, January I6, 2023 Builders FirstSource `4TERLOO.IA Preliminary -not for construction PANTHER BUILDERS EASTON em▪ ote • oleos trria contractor d mex or op6 ee nu�N: 1.1 uu or Loud for clatm• Ina met▪ sarcasm l wuq Nllal�ulmo a Meru e[ oriel, Mw.ya. REVISIONS Page 63 of 425 n'-0" GARAGE 550 5Q.Ft cioomorios PE... • Ay TOCTOOLI.C..6POPPOMPIA POEM f BR N2 8' CLG. EI'-II" 7s' 9-41+1" BATH BATH CLG BR *I 8' CLG. 4'-I KITCHEN VAULT CUL VAULT PEAK lvn vaYLT) 13'- LIVING VAULT DLG. COVERED PORCI-I PANTRY E. 28 m 4 Mf 4 4 OAKLEY MAIN FLOOR 1010 5Q.FT. APPROVED On DRAWN PT, DATE, TFu.U/y 0 0 S5 Yi. 1072 MATERLOO . IABuilders FirstSource WATERLOO.IA `Preliminary -not for construction PANTHER BUILDERS OAKLEY or lon, 14.14.1.....: , . ,..4wit. REVISIONS Page 64 of 425 3,ti• CO FOTIMOOMOM 1/12 OAKLEY' FRONT ELEVATION 04 SIDING OPTI ON I Y'Tdiw PLATE LEFT ELEVATION 0 OAKLEY FRONT ELEVATION --1aP PLOW rem pp TOM PO BAB SIDING OPTION ror• OF TOP OF OLIOTLOOTT VI2 P TOP OP TOP LP [OAKLEY FRONT ELEVATION 'SHAKE SIDING OPTION I 6/12 e+n+r,1.m RIGHT ELEVATION RIGHT ELEVATION • APPROVED BY: DRAWN f37: DATE: Thursday, December 29, 2 Builders FirstSource WATERLOO. IA Preliminary -not for construction �'4NTHER BUILDEfi�S OAKLEY a............a ....cam eo.o� .�,ie ce..▪ .•itrimi ...« ram arohitmet ammo... or m or local build. cod.. .1 .1 Um project. onommacal eWunrolOote; or m ram ▪ MOL dmaory Sofas. .. fl� ordo.,� REVISIONS Page 65 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bill Beck, Fire Chief June 5, 2023 Fire Rescue Department AGENDA ITEM TITLE Resolution supporting a Fire Department application for Opioid Allocation Funds, in the amount of $250,000.00, through the Black Hawk County Board of Supervisors, for the purchase of a new front- line ambulance. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION We would like permission to pursue Opioid Allocation Funds held by the Black Hawk County Board of Supervisors. We will be requesting $250,000.00 for the purchase and use of a new front-line ambulance to replace our aging fleet. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 66 of 425 ATTACHMENTS None Page 67 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Division Manager Traffic Operations Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Motion approving Change Order No. 2 with K & W Electric, Inc., of Cedar Falls, Iowa, for a net decrease of $15,806.40, in conjunction with Downtown Traffic Cameras and Fiber Optics Communications Project, STBG-SWAP-8155(769)--SG-07, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Change Order. SUMMARY STATEMENT AND BACKGROUND INFORMATION This deduct change order makes the final project cost equal to $736,466.50. (Contract price was $699,750.00 and change order 1 was $53,011.75.) NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES This is a deduct change order. There is no cost to the City. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 68 of 425 ATTACHMENTS 1. (769) Change Order No. 2 Page 69 of 425 0IOWADOT Form 831240 (08-18) Accounting ID No. (5-digit number):37788 CHANGE ORDER For Local Public Agency Projects No.: 2 Non -Substantial: Substantial: Administering Office Concurrence Date Project Number: STBG-SWAP-8155(769)--SG-07 Contract Work Type: Traffic Signals Local Public Agency: City of Waterloo Contractor:K&W Electric, Inc. Date Prepared: January 27, 2023 You are hereby authorized to make the following changes to the contract documents. A - Description of change to be made: 0010 - 2525-0000100, Traffic Signalization: Adjust lump sum price to account for final as -constructed quantities, deducts for unacceptable work, and removal of some of the additional work that was added in Change Order 1, but was not needed to complete the project. See attachment for a breakdown of the unacceptable or removed work. B - Reason for change: 0010 - 2525-0000100, Traffic Signalization: Some sidewalk panels that were removed and replaced to allow for handhole installation were deemed unacceptable as the finished surfaces have issues such as depressions or lips around handholes that either cause water ponding, tripping hazards, or ADA non-compliance. Additional work, such as boring new conduit, was added at some intersections in Change Order 1 due to some existing conduits being thought of as too full to pull new fiber through. Ultimately, the contractor was successful in installing new fiber in some of the existing conduits. See attachment for a breakdown of the unacceptable or removed work. C - Settlement for cost(s) of change as follows with items addressed in Sections F and/or G: 0010 - 2525-0000100, Traffic Signalization: Subtraction of $16,295.25 from the lump sum cost. See attachment for a breakdown of the unacceptable or removed work, and the associated cost adjustments. D - Justification for cost(s) (See I.M. 3.805, Attachment D, Chapter 2.36, for acceptable justification): 0010 - 2525-0000100, Traffic Signalization: Unit costs are from the contractor's schedule of values for the Traffic Signalization bid item. The lump sum price for removal of a single sidewalk panel was proposed by the Contractor in a November 8, 2021 e-mail, as $125.00. The lump sum price for replacement of a single sidewalk panel was proposed by the Contractor in a November 8, 2021 e- mail, as $375.00. The unit price to furnish and install Type I and Type II handholes was proposed by the Contractor in a January 23, 2023 e-mail as $1,500 each, the same price as a Type III handhole. This is reasonable as the smaller handholes may have a lower material cost, but require more work and man-hours to make the conduit and wiring connections. E - Contract time adjustment: No Working Days added U Working Days added: ri Unknown at this time Justification for selection: No additional working days are needed, as no significant work was added. Page 1 of 2 Page 70 of 425 �,IOWADOT Form 831240 (08-18) F - Items included in contract: Accounting ID No.(5-digit number): Change Order No.: Participating For deductions enter as "-x.xx" Federal- aid State- aid Line Number Item Description Unit Price .xx Quantity .xxx Amount .xx X 0010 2525-0000100,TRAFFICSIGNALIZATION -$16,295.25 1.000 -$16,295.25 Add Row Delete Row TOTAL -$16,295.25 G - Items not included in contract: Participating For deductions enter as "-x.xx" Federal- aid State- aid Change Number Item Number Item Description Unit Price .xx Quantity .xxx Amount .xx Add Row Delete Row TOTAL H. Signatures Signatures will be applied through DocExpress. Page 2 of 2 Page 71 of 425 Summary of Work for Change Order No. 2 Sheet No. / Item No. Description Cost Justi- Units Quantity Unit Cost fication Extended Cost Sheet D.02 1 At W 6th St & NB Washington St (Intersection 2) St add one (1) Ethernet Switch, Harsh Environment, Layer 2, Managed, Furnish and Install. At W 6th St & NB Washington St (Intersection 2) St add one (1) Fiber Termination Panel, 12-Position, Furnish and Install, Complete with Terminations. Sheet D.03 2 The surface restoration on the West corner of Commercial St & W 4th St (Intersection 47) has been deemed unacceptable due to the approximate 3" depression in the sidewalk where a handhole is located, as well as rough finishing leaving a hp around another handhole. 3 At W Park Ave & Commercial St (Intersection 34) delete two (2) Type III handholes, on the North and East corners. At W Park Ave & Commercial St (Intersection 34) add one (1) Type I handhole, on East corner. At W Park Ave & Commercial St (Intersection 34) add one (1) Type II handhole, on North corner. A EA 1 $ 2,000.00 $ 2,000.00 A EA 1 $ 850.00 $ 850.00 $ 2,850.00 C EA -1 $ 375.00 $ (375.00) A EA -2 $ 1,500.00 $ (3,000.00) D EA 1 $ 1,500.00 $ 1,500.00 D EA 1 $ 1,500.00 $ 1,500.00 $ (375.00) Page 72 of 425 Sheet D.04 4 The surface restoration on the West corner of Commerical St & W 5th St (Intersection 20) has been deemed unacceptable due to what appears to be probable foot steps in the uncured sidewalk resulting in depressions in the finished surface. C EA -1 $ 375.00 $ (375.00) 5 At W 5th St & Commercial St (Intersection 20) delete one (1) Type III handhole, on South corner. Delete one (1) surface removal for handhole on South corner. Delete one (1) surface restoration for handhole on South corner. 6 At W 6th St & Commercial St (Intersection 4) delete one (1) Type III handhole, on West corner. Sheet D.08 7 At E 5th St & Franklin St (Intersection 16) delete one (1) Type III handhole, on West corner. Delete one (1) surface removal for handhole on West corner. Delete one (1) surface restoration for handhole on West corner. 8 In Change Order 1, extra work was added at E 6th St & Franklin St (Intersection 8), but was not needed to complete the project. The following work will be removed: conduit Add three (3) new Type III handholes on North, East, and South corners. 9 At E 6th St & Franklin St (Intersection 8) St add one (1) Fiber Termination Panel, 12-Position, Furnish and Install, Complete with Terminations. 10 At E 6th St & Walnut St (Intersection 15) St add one (1) Fiber Termination Panel, 12-Position, Furnish and Install, Complete with Terminations. A EA -1 $ 1,500.00 $ (1,500.00) B EA -1 $ 125.00 $ (125.00) C EA -1 $ 375.00 $ (375.00) A EA -1 $ 1,500.00 $ (1,500.00) $ (3,875.00) A EA -1 $ 1,500.00 $ (1,500.00) B EA -1 $ 125.00 $ (125.00) C EA -1 $ 375.00 $ (375.00) A LF -150 $ 22.75 $ (3,412.50) A EA -3 $ 1,500.00 $ (4,500.00) A EA 1 $ 850.00 $ 850.00 A EA 1 $ 850.00 $ 850.00 $ (8,212.50) Page 73 of 425 Sheet D.11 11 In Change Order 1, extra work was added at E Park Ave & Mulberry St (Intersection 39), but was not needed to complete the project. The following work will be removed: At E Park Ave & Franklin St (Intersection 39) furnish and install new Ethernet Switch, Harsh Environment, Layer 2, Managed. 12 At E Park Ave & Mulberry St (Intersection 38) delete two (2) Type III handholes, on the North and Wast corners. At E Park Ave & Mulberry St (Intersection 38) add two (2) Type II A EA -1 $ 2,000.00 $ (2,000.00) A EA -2 $ 1,500.00 $ (3,000.00) handholes, on North and West corners. D EA 2 $ 1,500.00 $ 3,000.00 13 At E Park Ave & Mulberry St (Intersection 38) add one (1) Type III handhole, on South corner. 14 Add one (1) surface removal for handhole on West corner of Intersection 38. This removal was not accounted for in Change Order 1, but the surface restoration was added in Change Order 1. 15 At E 4th St & Mulberry St (Intersection 44) add one (1) Type III handhole, on the South corner. Sheet D.12 16 At E Park Ave & Franklin St (Intersection 39) delete one (1) Type III handhole, on East corner. 17 18 A EA 1 $ 1,500.00 $ 1,500.00 B EA 1 $ 125.00 $ 125.00 A EA 1 $ 1,500.00 $ 1,500.00 $ 1,125.00 A EA -1 $ 1,500.00 $ (1,500.00) In Change Order 1, extra work was added at E 4th St & Walnut St (Intersection 41), but was not needed to complete the project. The following work will be removed: At E 4th St & Walnut St (Intersection 41), furnish and install (bore and trench) 200 LF of 2-inch diameter HDPE conduit from North to South corners for cable for new cameras - existing conduits are too full to pull cable A LF -200 $ 22.75 $ (4,550.00) Add one (1) new Type III handhole on South corner at E 4th St & Walnut St (Intersection 41) - in grassed area A EA -1 $ 1,500.00 $ (1,500.00) At E 4th St & Walnut St (Intersection 41) delete 20 LF of new 2-inch diameter HDPE conduit. Conduit run takes shorter path than shown in original plans. A LF -20 $ 22.75 $ (455.00) At E 4th St & Walnut St (Intersection 41) delete 20 LF of new fiber optic cable, 72-ct, single -mode. Conduit run takes shorter path than shown in original plans. A LF -20 $ 7.20 $ (144.00) $ (8,149.00) Page 74 of 425 Sheet D.13 19 At E 3rd St & Franklin St (Intersection 213) delete two (2) Type III handholes, on the North and South corners. A EA -2 $ 1,500.00 $ (3,000.00) At E 3rd St & Franklin St (Intersection 213) add two (2) Type II handholes, on North and South corners. 20 D EA 2 $ 1,500.00 $ 3,000.00 At E 3rd St & Franklin St (Intersection 213) add 15 LF of new 2-inch diameter HDPE conduit. Conduit run takes longer path than accounted for in Change Order 1. A LF 15 $ 22.75 $ 341.25 TOTAL FOR ALL WORK ITEMS = $ 341.25 $ (16,295.25) A Each item's unit cost obtained from breakdown of "Estimated Quantities for Lump Sum Traffic Signalization Bid Item" provided by Contractor B Removals, miscellaneous cost for removing a single sidewalk panel. Unit price proposed by Contractor in 11/8/2021 e-mail. C Surface restoration cost for replacing a single sidewalk panel. Unit price proposed by Contractor in 11/8/2021 e-mail. D Handhole, Type I or Type II, furnish and install cost. Unit price proposed by Contractor in 1/23/2024 e-mail. $ 125.00 / EA $ 375.00 / EA $ 1,500.00 / EA Page 75 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi Traffic Operations Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, in the amount of $736,466.50, in conjunction with the Downtown Camera and Fiber Optic Communication Project, STBG-SWAP-8155(769)--SG- 07. RECOMMENDED COUNCIL ACTION Approve Resolution. SUMMARY STATEMENT AND BACKGROUND INFORMATION The project has been completed. Iowa DOT has also inspected the project and approved it. Original contract Amount was $699,750.00. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 76 of 425 ATTACHMENTS None Page 77 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Keith Kaspari, Director June 5, 2023 Airport Department AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by K&W Electric of Waterloo, Iowa, in the amount of $25,740.00, in conjunction with the Hangar No. 3 LED Lighting Project, FAA Project No. AIP 3-19-0094-048 (CARES-MAINT). RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. KK052123.Project Acceptance LED Hngr 3.Itr (1) Page 78 of 425 Page 79 of 425 A ECOM Imagine It. AECOM Delivered. 500 SW 7th Street Des Moines IA, 50309 USA aecom.com May 21, 2023 Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Hangar No. 3 LED Lighting Waterloo Regional Airport Waterloo, Iowa FAA AIP 3-19-0094-048 (CARES-MAINT) AECOM Project No. 60675091 Dear Mr. Kaspari: By this letter, we hereby state: 1. We have made a final review of the project on May 11, 2023, reviewed follow up information and recommend acceptance. 2. To the best of our knowledge and belief, based on observations of AECOM staff during construction, the contractor, K&W Electric has performed the work in accordance with the contract requirements in effect for the above -referenced project. 3. The total cost of the completed work is $ 25,740.00. ,, ,,, e" 0.ote .srok", ,, h • DAVID B. 0 13037 ;,Z7 ,.•• ''! low I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the state of Iowa. `l \ May 21, 2023 David B. Hughes License No. 13037 My license renewal date is December 31, 2023. Pages or sheets covered by this seal: Date N/A aecom.com 1/1 Page 80 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Motion approving Final Quantity Summary with Midwest Concrete, of Peosta, Iowa, for a net decrease of $56,694.00, in conjunction with the FY 2023 Sidewalk Repair Assessment Program - Zone 2, Contract No. 1064, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Final Quantity Summary SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net decrease in the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Cont 1064_Final Qty Summary Page 81 of 425 Page 82 of 425 CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT: F.Y. 2023 SIDEWALK REPAIR PROGRAM — ZONE 2 CONTRACT NO. 1064 Date Prepared: MAY 22, 2023 AMOUNT: $56,694.00 DECREASE TO: MIDWEST CONCRETE INC , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated OCTOBER 17, 2022 . A. Description of change to be made or extra work to be done: Adjust construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As -built quantities varied for some bid items. C. Settlement for cost of work to be made as follows: Compensation already made to contractor through bid items. TOTAL DECREASE = $56,694.00 BY: MIDWEST CONCRETE INC Mayor ATTEST: Date CONTRACTOR City Clerk Date BY: TITLE: Date APPROVED: City Engineer Date Page 83 of 425 F.Y. 2023 SIDEWALK ASSESSMENT PROGRAM - ZONE 2 FINAL QUANTITY ADJUSTMENT CONTRACT NO. 1064 SIDEWALK ASSESSMENT REPAIRS - ZONE 3 BID ITEM ITEM DESCRIPTION UNIT ORIGINAL BID QTY. FINAL QUANTITY QUANTITY DIFFERENCE CONTRACTOR UNIT PRICE CONTRACTOR BID PRICE EXT. INCREASE / DECREASE 1 R & R PCC SIDEWALK, 4" SF 32,008.20 30,971.4 1,036.8 $ 13.00 $ 416,106.60 $ 13,478.40 2 R & R PCC SIDEWALK, 5" SF 2,930.90 2,904.7 26.2 $ 15.00 $ 43,963.50 $ 393.00 3 R & R PCC SIDEWALK, 6" SF 2,730.20 2,015.4 714.8 $ 17.00 $ 46,413.40 $ 12,151.60 4 R & R PCC SIDEWALK, CLASS "A" SF 2,468.90 740.4 1,728.5 $ 17.00 $ 41,971.30 $ 29,384.50 5 PATCH EACH 12.0 0.0 12.0 $ 5.00 $ 60.00 $ 60.00 6 SIDEWALK CURB LF 60.0 0.0 60.0 $ 111.00 $ 6,660.00 $ 6,660.00 7 CLEAN SIDEWALK EACH 16.0 15.0 1.0 $ 100.00 $ 1,600.00 $ 100.00 8 WATER VALVE ADJUSTMENT EACH 24.0 13.0 11.0 $ 100.00 $ 2,400.00 $ 1,100.00 9 JOINT SEAL LF 15.9 10.6 5.3 $ 5.00 $ 79.50 $ 26.50 10 SIDEWALK REMOVAL SF 1,413.0 0.0 1,413.0 $ 11.00 $ 15,543.00 $ 15,543.00 11 TOPSOIL, OFF -SITE CY 26.2 0.0 26.2 $ 80.00 $ 2,096.00 $ 2,096.00 1001 SIDEWALK REMOVAL SF (1,413.0) 0.0 (1,413.0) $ 11.00 $ (15,543.00) $ (15,543.00) 1002 TOPSOIL, OFF -SITE CY (26.2) 0.0 (26.2) $ 80.00 $ (2,096.00) $ (2,096.00) 1003 SIDEWALK CURB LF (60.0) 0.0 (60.0) $ 111.00 $ (6,660.00) $ (6,660.00) DIVISION TOTALS $ 552,594.30 $ 56,694.00 PAYMENTS: PAY ESTIMATE #1 $ 108,129.38 PAY ESTIMATE #2 $ 89,081.60 PAY ESTIMATE #3 $ 180,153.16 PAY ESTIMATE #4 $ 92,430.16 PAY ESTIMATE #5 $ 1,311.00 RETAINAGE $ 24,795.00 TOTAL PAYMENTS: $ 495,900.30 CHANGE ORDERS: CHANGE ORDER #1 $ (24,299.00) CHANGE ORDER TOTAL $ (24,299.00) ORIGINAL CONTRACT AMOUNT $ 576,893.30 CHANGE ORDER TOTAL $ (24,299.00) REVISED CONTRACT AMOUNT $ 552,594.30 FINAL QUANTITY SUMMARY $ 56,694.00 FINAL CONTRACT AMOUNT $ 495,900.30 Page 84 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Midwest Concrete, Inc., of Peosta, Iowa, in the amount of $495,900.30, in conjunction with the FY 2023 Sidewalk Repair Assessment Program - Zone 2, Contract No. 1064, and receive and file a two-year maintenance bond. RECOMMENDED COUNCIL ACTION Approve completion of project. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Property Owner Assessments ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 85 of 425 None Page 86 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 22, 2023, and date of public hearing as July 3, 2023, in conjunction with the FY 2024 Sidewalk Infill, Sidewalk Ramp and Trail Repair Program - Zone 3, Contract No. 1079, and direct the City Clerk to publish said notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 87 of 425 None Page 88 of 425 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as June 20, 2023, to approve the request by Dhani Re Investments, LLC, to locally designate 722 Water Street as a Historic Landmark, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to locally designate the property at 722 Water Street. This will allow the property to be eligible for State Historic Tax Credits for the buildings rehabilitation. The developer plans to introduce a new restaurant in the old restaurant space. The top two floors will become apartments. The exterior of the building will be opened up with the addition of windows where the original windows once were. The former Black Hawk Fruit Company Warehouse was built in 1916 and is not considered eligible for the National Register of Historic Places. The site is highly visible as you enter from the 6th Street Bridge over the Cedar River. The local designation of this site will be beneficial for the downtown area of Waterloo, as it will bring residents and visitors to a centrally located riverfront property. The property was used as a restaurant for many years. Huckleberry's Dining Emporium and Brinkley's Landing occupied the space before closing in 1996. North Bank Cafe was another restaurant use inside the building before Huckleberry's. Once a property is a Locally Designated Landmark, the property will be subject to the City of Waterloo Historic Preservation design review to ensure that the property keeps its historic character. The Waterloo Historic Preservation Commission had no concerns with the status of a local designation, knowing the deck on the west side of the building may need to be removed at some point if repairs to the levee are needed, as the deck rests on and projects over the flood control levee. The request was approved by the Waterloo Historic Preservation Commission at their regular meeting on April 18, 2023. The request was approved by the Planning, Programming, and Zoning Commission at their regular meeting on May 9, 2023. Page 89 of 425 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Denying the request would cause the site to not be a Locally Designated Landmark and would not be eligible for State Historic Tax Credits. LEGAL DESCRIPTION ATTACHMENTS 1. Council Packet Page 90 of 425 May 9, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: Request by Dhani Re Investments, LLC to declare 722 Water Street (former Black Hawk Fruit Company) a Locally Designated Historic Landmark. Dhani Re Investments, LLC, 526 40th Street, Des Moines, IA 50312 The applicant is requesting that 415 Walnut Street be declared a Locally Designated Historic Landmark. IMPACT ON It would appear that the request would not have a negative impact NEIGHBORHOOD & on the area. The designation would add the building as a local SURROUNDING historic landmark, which could help the developer acquire state LAND USE: historic tax credits for redevelopment. VEHICULAR & The designation would not appear to have an impact on traffic PEDESTRIAN conditions. TRAFFIC CONDITIONS: RELATIONSHIP TO The area does have an extensive sidewalk system. The Cedar RECREATIONAL Valley Lakes Trail is located directly adjacent to the site. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The site is zoned "C-3" Central Business District and has been FOR SITE AND zoned as such since the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: Other surrounding land uses and their zoning are as follows: North — Keystone Automotive, Courier and MercyOne offices, zoned "C-3" Central Business District. DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: South and West — Cedar River East — UNI Center for Urban Education zoned "C-3" Central Business District. The surrounding commercial uses were built between 1900 and 1998. No buffering would be required as part of this request. The request would not appear to have a negative impact upon drainage in the surrounding area as the building has existed since 1916. The property in question is located within Zone X (protected by Levee) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Page 1 of 3 722 Water Street — Locally Designated Landmark 20 Page 91 of 425 May 9, 2023 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: Lowell Elementary School is located 0.80 miles to the southeast, Cunningham School of Excellence is 1.0 mile to the northeast, and East High School is 0.5 miles to the northeast. Lincoln Park is located approximately 0.2 miles to the northeast of the site. The project is served by existing utilities. The Future Land Use Map designates this area as Commercial. This request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site in question is located within the Primary Growth Area. The applicant is requesting to locally designate the property at 722 Water Street. This will allow the property to be eligible for State Historic Tax Credits for the buildings rehabilitation. The developer plans to introduce a new restaurant in the old restaurant space. The top two floors will become apartments. The exterior of the building will be opened up with the addition of windows where the original ones once were. The former Black Hawk Fruit Company Warehouse was built in 1916 and is not considered eligible for the National Register of Historic Places. The site is highly visible as you enter from the East 6th Street Bridge over the Cedar River. The local designation of this site will be beneficial for the downtown area of Waterloo, as it will bring residents and visitors to a centrally located riverfront property. The property was used as a restaurant for many years. Huckleberry's Dining Emporium "Brinkley's Landing" occupied the space before closing in 1996. North Bank Cafe was another restaurant use inside the building before Huckleberry's. Once a property is a Locally Designated Landmark the property will be subject to the City of Waterloo Historic Preservation design review to ensure that the property keeps its historic character. The City of Waterloo Historic Preservation Commission voted 8-0 at their April 18, 2023 meeting to recommend approval of the request. There is no platting required as a part of this request. Page 2 of 3 722 Water Street — Locally Designated Landmark 21 Page 92 of 425 May 9, 2023 TECHNICAL REVIEW COMMITTEE: Knutson noted the request should go back to the Historic Preservation Commission to clarify if the deck is part of their approval of the local designation. The deck may need removed at some point because it sits on top of the levee and could become a safety hazard. Staff does not want to run into issues with the Historic Preservation Commission if the deck structure needs to be removed. STAFF Therefore, staff recommends that the request by Dhani Re RECOMMENDATION: Investments, LLC to declare 722 Water Street (former Black Hawk Fruit Company) a Locally Designated Historic Landmark be approved for the following reasons: 1. The proposed designation would help preserve a riverfront building and return it to its historic character. 2. It will support the continued economic growth in the Downtown area. 3. The request would not appear to have a negative impact on the surrounding area or traffic conditions in the area. Page 3 of 3 722 Water Street — Locally Designated Landmark 22 Page 93 of 425 City of Waterloo Planning, Programming and Zoning Commission May 9, 2023 eRo '90 ,.�yS M-1 R-4,R-P RSITYAVE W.51 604 ST W PLEASANT ISTON C-2,C-Z C-1 HENRY CT w AVE 0 DANE ST SAXON ST 5) ALMOND IME ST z z of wN R-4,R-P R-3 �- T 0 Ice x Im `MAPLE ST • SUMNER ONEIDA 0 RRIMAN ST co N w m AVE COURTLAND ST x 5) DOUGLAS ST nO 722 Water Street Historic Nomination Dhani Re Investments, LLC 23 nn ,.tn') City of Waterloo Planning, Programming and Zoning Commission May 9, 2023 722 Water Street Historic Nomination Dhani Re Investments, LLC Iowa Site Inventory Office of Historic Preservation Iowa State Historical Department East 12th & Grand Avenue Des Moines. Iowa 50319 Identification 1. Site Name 2. Village/Town/City 3. Street Address 4. Legal Location Site Number District Name Map Reference # 07-028-4018 Black Hawk Fruit Company Waterloo Township 722 Water 372 County Rural: township range section Urban: subdivision block parcel subparcet a section of '4 section 5. UTM Location: zone easting northing • Acreage 6. Owner(s) Name 7. Owner(s) Address (Street address) (City) 8. Use: Present "Brinkley Square" Original (State) (Zip) wholesale produce Description 9. Date of Construction 19103 Architect/Builder 10. Building Type: ❑ single-family dwelling ❑ industrial ❑ multiple -family dwelling ❑ educational ❑ otherubliinstitutional 0 religious commercial ❑public ❑agricultural 11. Exterior Walls: ❑ clapboard ❑ stone 1/15rick ❑ board and batten ❑ shingles ❑ stucco ❑ other 12. Structural System: ❑wood frame with interlocking joints ❑wood frame with light members (balloon frame) ❑ masonry load -bearing walls ❑ iron frame 0 steel frame with curtain walls ❑ reinforced concrete ❑ other 13. Condition: 0 excellent 0 good ❑ fair ❑ deteriorated 14. Integrity: ❑ original site ❑ moved —if so, when? Notes on alterations, additions (with dates and architect, if known) and any other notable features of building and site: 15. Related Outbuildings and Property: 0 barn 0 other farm structures ❑ carriage house 0 garage ❑ privy ❑ other 16. Is the building endangered? ❑ no ❑ yes —if so, why? 17. Surroundings of the building: ❑ open land ❑ woodland 0 scattered outbuildings 0 densely built-up ❑ commercial ❑ industrial ❑ residential ❑ other #4504, fr. 35, 36 18. Map CPE-41965 273-0228 722 Water Significance (Indicate sources of information for all statements) 20. Architectural significance ❑ a. Key structure/individually may qualify for the National Register ❑ b. Contributing structure c. Not eligible/intrusion Perhaps the last best ve stige of Waterloo's once thriving wholesale grocery businesses, the large structure has been severely altered: large greenhouse addition (for restaurant), new entry (not visible in photo), windows enclosed inappropriately. Note panels with banana sculptures between top story windows and sign "Black Hawk Fruit Company" in parapeted gable. 21. Historical Significance Theme(s) ❑ a. Key structure/individually may qualify for the National Register '❑ b. Contributing structure ❑ c. Not eligible/intrusion 22. Sources (for primary and secondary sources, give complete facts of publication: author, title, place of publication, date, etc.): Prepared by Date Address Telephone Organization_ For Office of Historic Preservation Use Only 1. Office Information Sources on this Property ❑ County Resource File ❑ Windshield Survey ❑ National Register ❑ Grants -In -Aid• ❑ Determination of Eligibility 2. Subject Traces a. b c d ❑ Review and Compliance Project: ❑ Other ❑ Other ❑ Other 3. Photo Images e Page 97 of 425 CONTINUATION SHEET Black Hawk Fruit Co. 722 Water 27 Page 98 of 425 Iowa Site Inventory Office of Historic Preservation Iowa State Historical Department East 12th & Grand Avenue Des Moines. Iowa 50319 Identification 1. Site Name Black Hawk Fruit Co Waterloo Black Hawk S 2. tree /Town/City ,(a2 Water Township County 3. Street Address Site Number 07-028— District Name Map Reference # 4. Legal Location Urban: subdivision block parcel subparcel Rural: township range section 'i section of i section `5. UTM Location: zone easting northing ; Acreage 6. Owner(s) Name 7. Owner(s) Address (Street address) (City) (State) • (Zip) restaurant, shops fruit wholesale warehouse 8. Use: Present Original Description 9. Date of Construction 10. Building Type: 1916 Architect/Builder ❑ single-family dwelling ❑ industrial ❑ other institutional ❑ religious ❑ multiple -family dwelling ❑ educational ❑ public 0 agricultural g commercial 11. Exterior Walls: ❑ clapboard 0 stone brick ❑ board and batten ❑ shingles ❑ stucco ❑ other 12. Structural System: ❑ wood frame with interlocking joints ❑ wood frame with Tight members (balloon frame) ❑ masonry load -bearing walls 0 iron frame ❑ steel frame with curtain walls ❑ reinforced concrete ❑ other 13. Condition: ❑ excellent 0 good 0 fair ❑ deteriorated 14. Integrity: ❑ original site ❑ moved —if so, when? Notes on alterations, additions (with dates and architect, if known) and any other notable features of building and site: 15. Related Outbuildings and Property: ❑ barn ❑ other farm structures 0 carriage house 0 garage ❑ privy ❑ other 16. Is the building endangered? ❑ no ❑ yes —if so, why? 17. Surroundings of the building: 0 open land 0 woodland ❑ scattered'outbuildings ❑ densely built-up ❑ commercial ❑ industrial ❑ residential ❑ other 18. Map 19. Photo Roll see arch survey Frame View 28 Page 99 of 425 Significance (Indicate sources of information for all statements) 20. Architectural significance ❑ a. Key structure/individually may qualify for the National Register ❑ b. Contributing structure ❑ c. Not eligible/intrusion Black Hawk Fruit Co. 722 Water St. Commerce --wholesaling 21. Historical Significance Theme(s) ❑ a. Key structure/individually may qualify for the National Register 0 b. Contributing structure A'c. Not eligible/intrusion The site is associated with the establishment of wholesale operations in Waterloo, which contributed materially to economic development. Its location, by the Illinois Central tracks, illustrates the importance of good rail connections to wholesalers. Alterations to the building have substan- tially diminished its historical significance, however. The structure was built in 1915. NOT ELIGIBLE 22. Sources (for primary and secondary sources, give complete facts of publication: author, title, place of publication, date, etc.): Waterloo Evening Courier & Reporter, January 1, 1916. Prepared byBarbara Beving Long Address 3140 EasLon Blvd. OrganizatioNidwest Research, lies Moines, Date Telephone 1986 515-266-4964 .LA For Office of Historic Preservation Use Only 1. Office Information Sources on this Property ❑ Review and Compliance Project: ❑ County Resource File ❑ Windshield Survey 0 Other ❑ National Register 0 Other ❑ Grants -In -Aid• 0 Other 0 Determination of Eligibility 2. Subject Traces a. b. c. d 3. Photo Images e. 29 Page 100 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— HISTORIC IMAGES 01. Black Hawk Fruit Company— 1916 00 ♦ 11111 111n 111111116. MI Iql ilmnri N1 >1m 111111111144. I 11111 111111111111 111111111111 1111 j!j!Il nIIIIIM • + • ' • r w • • r • +. If f i 1I i1 i II 4611 ■I IN ON IN VI IN NO ON ' (Source: The Courier (Waterloo), January 01, 1916.) 1 30 Page 101 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— HISTORIC IMAGES 02. Black Hawk Fruit Company— 1919 (Source: The Courier (Waterloo), November 15, 1919.) 2 31 Page 102 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1 - MAPS 01. USGS 7.5 Minute Topographic Map — Waterloo South Quad — 1963 ra • ,'tan i -Fr Zit` ,_ 1.1112 1 , �l 1 ® Atir,_' (Source: https://store.usgs.gov/) • • K inrei 3eh, `•. _B3 N Black Hawk Fruit Co. Latitude/Longitude: 42.4962 501-92.335 390 1 32 Page 103 of 425 Sci;eaming Ea.gb•Z man Bar and Grill:, • A:flack-Kim*, r 00 n S • Ind ependeo. Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1 - MAPS 02. Locator Map — 2023 IRGI e • -90..Con,,,,,...,4vyeolA„.X). .Are.pr,s"t:alsI4w' 1V.-'•'.,• l'Sl•i::.,...1. ''4.'..v.fj• e... 4).....1 ,......,7.„....,..,6.,e.. ! • ..-.r 1 l11 47 . 1iCorn ...-;-,_;0- !..•.0.:0"..,'..',,'',,Eayst 1.-EPd'Au1 on ti..veo:rl T.rd,. °• ..n.:2r.pen de nce AY E. -,.. -....7 ,, for ILO)! 4'.14.r / ' ''. . . • . . • - • Beitti.W..-st 44 P.I'Lr• -•• •••• Oa • • -•,.• - • I A' b LliL1-...3. 4'...- . ii, ,, lit . . • ., . Urn! o rm....S'er'r,r)i.g--'•46,,, ........,.. A YD r S•11. • . •,. • IV/ .4,';‘... --. ' ..,' . 'Ar.41,Cid. : ...... '.% .. ,. • ..' .... •1‘.'.: • - .. .4. • f ... , • . FL., !/:',.i Sil I: al.,ipky. nr k: •—.! ...: 1. Ali, • :::. •••.+.• 0)- . • . • • 11,41,... - ...!.Inak..iineCkn.... „is. .,.•....., it _ • .,. \- . ,:i.i.: - - - • ''.*,..: 1, ' ...1sil . • . . . ' - . ' . ' • . ' .. • 4 . , .tiofr. 7 it:%,...,. 14 7•••„....4.:4,..4 i. ., .... .... ..:t...?" • ..,,,...1 NoneHae.,ra . ;.• • '.... *.!•iii . ....vhief4t-' "-,..:•."'"4•i:.; N '...--• . • )111* :,....'!. '.... .- -•• '''. ••,, /*L. ., 774t,,N. 44/ . .4 .„..,..„..a....,".„ ..-....:, t!.. • .., 4 ... . _ \L• , . • • pp./ ar s', -..Cry.sw.i p6,troh,t,c,:l• .. .. pp. . / .i •• • 7Fir'..... . Serv,m:: hying Elementary ' .'"••• •••'• ••• - Ajla ery GIOCe1110 • inatirli.745,Y61 • .t • 4p, griz.v.urrrian]k5...• 'ACC".7 kk (Source: https://www.google.com/maps/place WaterlooMA/@42.4963036,-92.4132112,12z/) N 2 33 Page 104 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1 - MAPS 03. Assessor's Parcel Map — 2023 (Source: https://beacon.schneidercorp.com/) The location of the building is shaded in blue with the property parcel outlined. 3 34 Page 105 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1 - MAPS 04. Sanborn Company Fire Insurance Map —1910 ?3 625 629 t T !/N.E') �TH • •fry 71,10 V.,r(/ • 7. S�//vv g i E'TRL i3/OR.w/wG I ifr { 14 As I 0 cfaz 2%A/YEhygY ls.7 — - it As 2 •°Ci — T —__ � nk � ,..... LS j/LE Q �pjC 1 .�' L' I `` _; tip 1 k A k v ZO aCJ 1� m oR .I 1 g x I u W pia It • ,�12.t � r • L_--- —P L, X i _F 81 /0 `i E '• 707 7// 75 WATER :v2 708 714 �-a C N 1 I Q D (Source: https://www.loc.gov/rr/geogmap/sanborn/states.php?statelD=17&Submit=SEARCH) The 1910 Sanborn map covers just the edge of the site upon which the Black Hawk Fruit Co. was constructed in 1916 — its location is indicated in red with the current parcel indicated in blue. Note that the 2-story, brick Waterloo Fruit & Commission Co. warehouse building, the 2-story wood building housing Siebert & Son bottling works, and a small woodworking building — originally located on the current property parcel — are non -extant, the land now a parking lot. 4 35 Page 106 of 425 + C. B. F / I Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1 - MAPS 05. Sanborn Company Fire Insurance Map —1918 0 nu ...� .'at.�.... 1- OVA 717,E %h 710e ✓ 9 G O { +WAS WON, tasra0 rr Curt ▪ e e e 7lrlo_'A 724 d18 n W r X r c o e a• Fti Y 41 t 111 (yam., � Y rV 9 4 U (Source: https://www.loc.gov/rr/geogmap/sanborn/states.php?statelD=17&Submit=SEARCH) By 1918 the Black Hawk Fruit Co. building had been constructed (red outline). At that time, the Waterloo Fruit & Commission remained on the block which was shared with multiple, small-scale, wood buildings. The current property parcel (blue outline) represents the former parcels of the various buildings in place in 1918. 5 36 Page 107 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 01. SITE VIEW: Looking NE from the W. 5th Street Bridge 02. SITE VIEW: Looking NW from the W. 6th Street Bridge 1 37 Page 108 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 03. SITE VIEW: Looking SW along 6th Street 04. EXTERIOR: View of the west and north elevations (historic facade), looking south 2 38 Page 109 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 05. EXTERIOR: View of the north elevation (historic fagade) looking south 06. EXTERIOR: View of the north elevation (historic fagade) looking SW 3 39 Page 110 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 07. EXTERIOR: View of the north elevation (historic facade) and east elevation, looking SW 08. EXTERIOR: View of the east elevation looking NW kl 4 40 Page 111 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 09. EXTERIOR: View of the south elevation looking NW from the W. 6th Street Bridge 10. EXTERIOR: View of the west elevation looking SE 5 41 Page 112 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 11. EXTERIOR DETAILS — HISTORIC FACADE (north): Upper story fenestration 12. EXTERIOR DETAILS — HISTORIC FACADE (north): Parapet building name plate and masonry 6 42 Page 113 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 13. EXTERIOR DETAILS — HISTORIC FACADE (north): Cornice masonry 14. EXTERIOR DETAILS — HISTORIC FACADE (north): Company logo — bunch of bananas 7 43 Page 114 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 15. EXTERIOR: West entrance, looking SSE 16. INTERIOR* — 1st Level (Basement): 1st level atrium looking NE *AII directional references for interior view use plan north 8 44 Page 115 of 425 Black Hawk Fruit Company — 722 Water Street — Waterloo — Black Hawk, County — IA PART 1— PHOTOS (08/17/2022) 17. INTERIOR — 15t Level (Basement): 1st level atrium looking NW 18. INTERIOR — 1st Level (Basement): Looking SE 9 45 Page 116 of 425 Iowa Site Inventory Form State Inventory Number: 07-09150 ❑ New ® Supplemental State Historic Preservation Office 9-Digit SHPO Review & Compliance (R&C) Number: (January 2016) ❑ Non -extant Year: Read the Iowa Site Inventory Form Instructions carefully, to ensure accuracy and completeness before completing this form. The instructions are available on our website. • Property Name A) Historic name: Black Hawk Fruit Co. B) Other names: • Location A) Street address: 722 Water Street. B) City or town: Waterloo. (❑ Vicinity) County: IA C) Legal description: Rural: Township Name: Township No.: Range No.: Section: Qtr: of Qtr: Urban: Subdivision: O.P. Block(s): FRAC BLK OPP BLK 2 Lot(s): • Classification A) Property category: Check only one B) Number of resources (within property): ▪ Building(s) If eligible property, enter number of. If non -eligible property, ❑ District Contributing Noncontributing enter number of.: ❑ Site 1 Buildings Buildings ❑ Structure Sites Sites ❑ Object Structures Structures Objects Objects 1 Total 0 Total C) For properties listed in the National Register: National Register status: ['Listed ❑ De -listed ['NHL ❑ NPS DOE D) For properties within a historic district: ❑ Property contributes to a National Register or local certified historic district. ❑ Property contributes to a potential historic district, based on professional historic/architectural survey and evaluation. ❑ Property does not contribute to the historic district in which it is located. Historic district name: Historic district site inventory number: E) Name of related project report or multiple property study, if applicable: MPD title Historical Architectural Data Base # • Function or Use Enter categories (codes and terms) from the Iowa Site Inventory Form Instructions A) Historic functions 02H COMMERCE/TRADE/warehouse B) Current functions 02E COMMERCE/TRADE/specialty store 02B COMMERCE/TRADE/professional 70 VACANT/NOT IN USE • Description Enter categories (codes and terms) from the Iowa Site Inventory Form Instructions A) Architectural classification B) Materials 09C01 Construction Method/Frame: Heavy Timber (Hewn) Foundation (visible exterior): 03 BRICK 09D01 Roof Form/Flat Walls (visible exterior): 03 BRICK Roof: Other: C) Narrative description ® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED 46 Page 117 of 425 Site Number: 07-09150 Address: 722 Water Street. City: Waterloo. County: IA • Statement of Significance A) Applicable National Register Criteria: Mark your opinion of eligibility after applying relevant National Register criteria Criterion A: Property is associated with significant events. ® Yes ❑ No ❑ More research recommended Criterion B: Property is associated with the lives of significant persons. ❑ Yes ® No ❑ More research recommended Criterion C: Property has distinctive architectural characteristics. ❑ Yes ® No ❑ More research recommended Criterion D: Property yields significant information in archaeology/history. ❑ Yes ® No ❑ More research recommended B) Special criteria considerations: Mark any special considerations; leave blank if none ❑ A: Owned by a religious institution or used for religious purposes. ❑ E: A reconstructed building, object, or structure. ❑ B: Removed from its original location. ❑ F: A commemorative property. ❑ C: A birthplace or grave. ❑ G: Property less than 50 years of page or ❑ D: A cemetery achieved significance within the past 50 years. C) Areas of significance Enter categories from instructions 05 COMMERCE E) Significant dates Construction date 1916 ❑ check if circa or estimated date Other dates, including renovations D) Period(s) of significance 1916-1925 F) Significant person Complete if Criterion B is marked above G) Cultural affiliation H) Architect/Builder Complete if Criterion D is marked above Architect Builder/contractor I) Narrative statement of significance ® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED • Bibliography ® See continuation sheets for the list research sources used in preparing this form • Geographic Data Optional UTM references ❑ See continuation sheet for additional UTM or comments Zone Easting Northing NAD Zone Easting Northing NAD 1 2 3 4 • Form Preparation Name and Title: Alexa McDowell. Date: 04/07/2023 Organization/firm: A.KAY Consulting. E-mail: akaymcd@hotmail.com. Street address: 526 40th Street Telephone: 515-491-5432 City or Town: Des Moines State: IA Zip code: 50312 • ADDITIONAL DOCUMENTATION Submit the following items with the completed form A) For all properties, attach the following, as specified in the Iowa Site Inventory Form Instructions: 1. Map of property's location within the community. 2. Glossy color 4x6 photos labeled on back with property/building name, address, date taken, view shown, and unique photo number. 3. Photo key showing each photo number on a map and/or floor plan, using arrows next top each photo number to indicate the location and directional view of each photograph. 4. Site plan of buildings/structures on site, identifying boundaries, public roads, and building/structure footprints. B) For State Historic Tax Credit Part 1 Applications, historic districts and farmsteads, and barns: See lists of special requirements and attachments in the Iowa Site Inventory Form Instructions. State Historic Preservation Office (SHPO) Use Only Below This Line The SHPO has reviewed the Site Inventory and concurs with above survey opinion on National Register eligibility: ❑ Yes ❑ No ❑ More research recommended ❑ This is a locally designated property or part of a locally designated district. Comments: SHPO authorized signature: Date: 47 Page 118 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 1 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City Property Description The Black Hawk Fruit Co. warehouse is situated on the city's east side with frontage on the Cedar River — the building's somewhat elevated site increases is visual impact when approaching from the west over the Cedar River's 6th Street bridge. The "Waterloo East Commercial Historic District" is concentrated to the northwest of the warehouse, its southern boundary little more than a block from the building — a loss of historic fabric between the district resources and the warehouse likely led to its exclusion from the district nomination. (Jan Olive Full, "Waterloo East Commercial Historic District," 2010) Using cardinal directions, the resource is sited near the northeast corner of Water Street and E. 6th Street. The present property parcel extends the full perimeter of the half -block upon which the building is sited, which is not the historic condition. The property parcel is bounded by E. 6th Street on the east, the Cedar River on the south, E. 5th Street on the west, and Water Street on the north. The building's historic primary facade faces north, though primary entrance to the building is now made on the west. The site is generally flat with ground not occupied by the building being paved. One large tree is located on both the east and the west with scattered bushes found on the east and the west. A tall retaining wall terminates the property adjacent to the Cedar River. Building Description The Black Hawk Fruit Co. warehouse is a three-story (plus full basement), freestanding, rectangular, red brick building with a flat roof. Constructed in 1916, the resource retains the visually essence of an early 20th century warehouse with contemporary alterations including reorientation of the primary entrance, window replacement, and construction of a riverside enclosed patio diminishing historic integrity. It should be noted that the interior atrium with barrel -shaped skylight has a minimal visual impact from the exterior. Vegetation that is inappropriate to the historic function further impacts how the building is viewed. Exterior The building exterior is largely characterized by the original rectangular form, scale, flat roof, and red brick finish. The historic primary facade faces Water Street. The elevation is arranged in four bays by -way - of vertical masonry piers that extend from a cast concrete base block at grade to the height of the third -floor window openings. Brick is dark red with a heavily textured surface texture. The brick is laid in a running bond; mortar is gray with a fine aggregate and joints are slightly 48 Page 119 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 2 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City concave. Contrasting dark brown brick is incorporated judiciously, including at cornice level where semi -elliptical arched forms executed in the brown brick span each bay. The arches terminate in a flat soldier course across the pier, that section creating the upper element of a frame for a two-dimensional sculpture of a bunch of bananas — sale and distribution of bananas being the company's specialty. The bananas are executed in a light-colored stone or cast stone - a material also used for windows sills, cornice beltcourse, parapet coping, and isolated blocks incorporated into the decorative elements. The building name block is located on -center of the raised parapet. Original openings extend the full width of the wall plane between the piers. Historic images document the original conditions, in which groups of three, double -hung windows with a four - over -four light configuration were located in the upper two stories of each bay. The ground floor openings housed doors surmounted by transoms with a tall dock located in the second bay from the west. Like the upper stories, the ground floor incorporated a considerable amount of glass, which resulted in an open character. The configuration of ground floor openings varied considerably, surely a reflection of function related to its track -side location and the need to support the transfer of goods from building to rail car. The remaining elevations were clearly subordinate to the primary facade — the elevations utilize a secondary grade of brick, lack the decorative elements incorporated on the primary facade, and have fewer openings. The river facing elevation, though lacking decorative elements, featured large expanses of window openings. The east elevation is utilitarian in character, lacking any measure of decorative element. A pedestrian entrance with ramp access has been cut into the elevation, near the north end of the wall. Six upper story window openings (three at each level) have been brick-infilled, their location made obvious by retention of the cast stone sills. Original first -floor cargo openings are retained but downsized by panel infill. The south, river -facing elevation is impacted by the ca.2008 construction of a two-story wood deck and an enclosed patio that wraps around the southwest corner — both structures impair the view of the elevation, leaving it fully visible at the third floor only. Like the east elevation, the south is utilitarian in character, is clad in secondary brick, and lacks decorative elements. The elevation is arranged in five bays, each filled with a span of replacement windows — although not visible from the exterior due to the patio, the elevation remains exposed on the interior of the patio, with window openings retained. The west elevation is impacted by the ca.2008 renovation including the enclosed patio that wraps to this elevation from the south. As a result, first and second floor windows are camouflaged by the patio (openings retained and visible inside the patio) and the third -floor windows have been replaced. The only other windows on the elevation are located on the first - floor, near the north end — lacking the cast sills seen on the east elevation, the openings 49 Page 120 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 3 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City appear to be non -historic. Additionally, the primary entrance to the building was shifted to this elevation. The entrance features a large, timber frame canopy, a wide set of concrete steps with iron railings flanked by planters, a double -leaf door, and exterior box -like display windows. Interior The interior of the Black Hawk Fruit Co. warehouse remains characterized by its historic function. The interior retains the exposed heavy wood timber structural system and wood floors that are central to the original character. The ca.2008 introduction of a central atrium with barrel -shaped skylight was accomplished in a manner consistent with the Secretary of the Interior's Standards and Guidelines. The alteration retains the exposed structural system, incorporated stairs in a manner sympathetic to the period of significance, and utilized glazed systems in adjacent offices to maintain a visual connection between spaces. The interior is arranged around the central atrium with the floor plan at each level determined by the tenant needs. At the second level (ground floor), large tenant spaces result in minimal subdivision and a more open character with the structural system thoroughly understood and wood floors retained. In other areas of the first level (basement) and upper story, smaller spaces have been established. In the case of the upper story, the structural system remains exposed minimizing the adverse impact to the historic character. Generally, the altered interior functions for a contemporary use while retaining a strong sense of the historic function and visual character. Discussion of Historic Integrity The Black Hawk Fruit Co. retains a generally fair to good level of historic integrity. Specific to integrity of location, the resource remains on its original site resulting in a high level of historic integrity of location. Specific to integrity of setting, the resource is adversely impacted by the loss of adjacent and proximal buildings of a similar construction era, particularly those industrial properties that were associated with the city's transformation to a regional industrial center. As a result, historic integrity of setting is fair. As it relates to integrity of association, the resource retains its historic association to the Waterloo east side commercial area to the north. Most importantly, the resource retains its historic association with the Cedar River, remaining the only industrial resource in the immediate vicinity (and one of three retained in a one -mile length along the east river front) dating to the era in which industry drove the city's growth and development. Additionally, 50 Page 121 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 4 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City although the rail lines upon which the company relied no longer exist, the route of the Illinois Central Railroad now functions as the Cedar Valley Lakes Trail, thereby retaining a measure of associative integrity. Regarding design and materials on the exterior, historic integrity is adversely impacted by the addition of an exterior, enclosed patio on the riverside. Further, the facade (north elevation) is impacted by the loss of original windows — however, the openings are retained and the infill is reversible which mitigates the impact. Additionally, the facade masonry, including banana motif is retained. In general, integrity of design and materials on the exterior is fair. On the building interior, integrity of design and materials is good. The insertion of a center atrium with skylight poses the greatest adverse impact to the building interior. However, the building's character -defining, heavy timber structure remains exposed throughout, resulting in a clear understanding of the building's original function and visual character. Integrity of workmanship is best understood by consideration of the condition of a 100-year-old structural system which remains intact and in excellent condition. As a result, integrity of workmanship is good. With a generally fair to good level of historic integrity retained, the Black Hawk Fruit Co. warehouse retains a fair to good level of historic integrity and remains understood and experienced as a warehouse building. Statement of Significance The 1916 Black Hawk Fruit Company warehouse is historically significant under Criterion A. The resource is locally significant in association with the history of Waterloo industry and warehousing. Widely referred to as the "Factory City of Iowa," Waterloo of the early 20th century was a city of some 26,000 with its number of new factories and rate of housing construction standing as evidence of its transformation "from a typical county seat town to an industrialized city of regional influence." (James Jacobson, ""Historical and Architectural Resources Of Waterloo, Iowa." National Register of Historic Places Multiple Property Documentation Form, 1988: F-II.4) For decades now, the built resources that characterized that pivotal era in the city's evolution have been largely or completely gone, having been removed to accommodate flood control measures, highway expansion, or redevelopment, with others lost to fire — a condition that has only deteriorated in recent decades. (Jacobson, 1988: F-II.4) Although the Black Hawk Fruit Co. warehouse lacks the level of historic integrity required for individual listing on the National Register of Historic Places, the building remains largely intact 51 Page 122 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 5 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City and represents one of three resources retained in what has been identified historically as the East Factory District. The building exterior, which has been modified by the enclosure of original window openings, the reorientation of the primary entrance (now on the west), and the construction of a glass -enclosed patio on the southwest corner, the remains at its location adjacent to the Cedar River with the original facade largely intact. Although the original openings have been infilled, they remain visible, and the infill is reversible. Additionally, the original facade retains the original brick, including decorative elements, intact. Of particular note are the sculpted elements representing bunches of bananas, the company's premier product. The building interior retains its original warehouse character largely through retention of the heavy timber, post -and -beam exposed structure, sense of historic volume, and original wood floors. The interior was modified for new use in ca.2008, with an atrium with large skylight inserted in the middle of the building. That alteration was undertaken with care to retain a sense of the original building function. The location of new walls was predicated on the structural grid, leaving most all structural elements exposed. New finishes introduced include gypsum board for new partition walls, limited carpeting, and isolated examples of ceramic tile in locations requiring waterproof flooring. In summary, despite the significant alterations made to the exterior and the interior, the Black Hawk Fruit Company remains easily understood as a warehouse building. As one of rare remaining examples of the property type, the resource represents a very important historical era and economic element of the city's economic development. The building stands on the east bank of the Cedar River between the bridge accesses on 5th Street and 6th Street. As a result, the Black Hawk Fruit Co. warehouse is a rare and highly visible remnant of a pivotable period in Waterloo history. As such, the Black Hawk Fruit Co. warehouse warrants designation as a Local Landmark. The period of significance is 1916-1925, marking the building's construction through the year in which Black Hawk Fruit vacated the building. The period calls attention to the era in which Waterloo rose to become a regional manufacturing center and in which the building best expresses that historic association. The significant date is 1916, the year the building was placed in service. Historical Background The Black Hawk Fruit Company was established by in Waterloo in 1911 with the warehouse on Water Street placed in service in 1916. The company, a branch of the Tri-City Fruit Co. of Davenport, was reportedly the first in the nation to use steam to ripen bananas — the 1916 building was constructed with specialized rooms for cold storage and ripening of bananas. The company also wholesaled other fruits, beverages, and cheese, among a variety of grocery 52 Page 123 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 6 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City sundries. Immediate proximity to the lines of the Chicago, Great Western Railroad and the Illinois Central Railroad made transport of products possible and accounts for the concentration of factories and warehouses in this area of the city. The Black Hawk Fruit Company was a relatively short-lived operation, occupying the warehouse for little more than a decade. In January of 1911, Jackson J. Buzzard established the Black Hawk Fruit Co. in Waterloo. The new company was organized as a branch of the Davenport -based Tri-City Fruit Co., which Buzzard had also founded. The new Waterloo company was located at 821 Mulberry Street (non -extant), three blocks north of the site where Buzzard would soon construct the Water Street warehouse. Jackson Buzzard also had a business in New York from where he distributed apples to Wisconsin, Minnesota, Nebraska, and the Dakotas as well as apples and celery to Iowa and Illinois, gaining him the moniker of the "Apple King of the Middle West." Buzzard was also invested in cold storage warehouses in New York, Iowa (Council Bluffs and Davenport), and Missouri. ("These are the Houses That Jack Built. Iowa's Most Modern Whole Fruit Houses," The Courier (Waterloo), November 15, 1919: 05 and "Black Hawk Fruit Company," The Courier (Waterloo), January 01, 1916: 10.) In August of 1915, local news accounts reported on the excavation underway at the site of the Black Hawk Fruit Company's new warehouse on Water Street. With excavation soon to be completed, construction was expected to start the following week. ("Are Rushing Work on New Building," The Courier (Waterloo), August 31, 1915: 10) The construction contract was awarded to the Lauritzen Company with work soon underway. Designed by Waterloo architect William L. Pedicord, the building would be "equipped with cooling rooms, elevators and electric lights" with a total projected cost of $35,000. ("Lauritzen Company Awarded Contract," The Courier (Waterloo), September 08, 1915: 08) The building permit appeared in the local newspaper, recording construction of a "three-story brick block, reinforced concrete and steel, 70x112, with basement" building on Water Street. ("Building Permit," The Courier (Waterloo), January 01, 1916: 22.) An extensive article and photograph (Figure 06) also appeared at that time, which coincided with the building's near completion, One of the notable improvements of the year was the construction of a three-story modern plant for the Black Hawk Fruit company. The new building, which is now practically completed, is located at 716, 718, 720, 722 and 724 Water street. The plant will be ready for occupancy about the middle of January, but the entire plant will not be in operation before the middle of March, while the grand opening will take place about April 1. The structure will provide 30,000 square feet of floor space, and will cost $40,000 when completed. The structure is three -stories and basement and is 70-feet by 112... modern throughout, having all the latest equipment used in large fruit houses throughout the country. The building is of brick, trimmed with stone. Illinois Central tracks in front and rear provide ample railroad facilities. There is a seven foot platform running the entire width of the building at the rear. This plat form is to be used in unloading fruit 53 Page 124 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 7 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City from cars. Two large doors in front make it possible to back trucks into the building during inclement weather, while there is also a loading platform in front. The heating plant is equipped with the latest steam boilers. The plant will also have a well, and water will be pumped to the third floor for distribution throughout the building. The shipping room office will be on the main floor, with the general offices on the second floor. This office will be 20 by 70. A large room on the second floor adjoining the office is to be fitted up for a ladies' rest room. An Otis elevator operated by electricity, which will carry two tons, will run from the basement to the top floor. The banana rooms, of which there will be three, will be the latest idea in the banana world. The local concern is the first to adopt this new plant in the United States. It is mechanically refrigerated and heated by steam. In the basement and on the first floor will be erected the cold storage rooms, which will be equipped with mechanical refrigeration. T.J. Millar, mechanical engineer, is erecting the banana rooms and installing the refrigeration, water system, heating and lighting. Six salesmen are employed on the road and about twenty people are engaged in the office and warehouse. ("The Black Hawk Fruit Company Building," The Courier (Waterloo), January 01, 1916: 10), The 1918 Sanborn Company fire insurance map documents the Black Hawk Fruit Co. building as a 3-story brick building with "wood posts," concrete floors, and an elevator on the west. The building had a platform on the south, adjacent to the railroad siding. Three vacant, 2-story wood buildings (addressed 724, 726, 728) were located east of the building with a 2-story, wood building noted as a "wood shop" was situated to the west. None of the wood buildings were physically connected to the warehouse. (Sanborn Company Fire Insurance Map, 1918) The Black Hawk Fruit Co. appears to have been one of two fruit wholesalers in the city during this period; a third, the Gamble -Robinson Co. was organized in 1922. ("File Articles Today for Commission House," The Courier (Waterloo), October 12, 1922: 02) The other, the Waterloo Fruit & Commission Company, was located on Water Street immediately west of the Black Hawk warehouse — the current property parcel includes the site upon which Waterloo Fruit was located. In 1920, the pair were part of a cooperative of "reliable fruit and vegetable jobbers" based in Kansas City, Missouri. (Advertisement. "Affiliated Fruit Jobbers Conference," The Courier (Waterloo), October 08, 1920: 09) In 1922 an article extolling the importance of fruit in a healthy diet featured Jackson Buzzard's story of becoming established in the fruit business and coming to Waterloo to establish the Black Hawk Fruit Co. The article noted specifically that the company specialized in bananas, with "three large banana rooms [that] are mechanically refrigerated and also heating by steam, this firm being the first in the United States to employ steam in the ripening process." The article goes on to note that "all the choicest fruits of the seasons, domestic and imported, can be found in the large store rooms." The building housed one of the largest cold storage plants in the state. ("Waterloo Industries Served by Central Station Power: No. 20 — The Black Hawk Fruit Company," The Courier (Waterloo), September 02, 1922: 14) By 1923 it appears the Black Hawk Fruit Co. was in trouble. In early May, the wood buildings on the property, which were at that time no longer owned or occupied by Jackson Buzzard, 54 Page 125 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 8 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City burned. ("Fire of Unknown Origin Destroys Frame Buildings," The Courier (Waterloo), May 05, 1923: 02) That November, a legal notice appeared in The Courier announcing a Sheriff's Sale of "the northwesterly 70 feet of the southeasterly 150 feet of a tract on the river front between East Fifth street and East Sixth street...or as much thereof as may be necessary to satisfy said writ of execution and all accruing costs." Though lacking detail about the issue at the heart of the writ, the notice does note the act related to a ruling in favor of Peter Hand company against the property of Black Hawk Fruit Co. ("Legal — Sheriff's Sale Notice," The Courier (Waterloo), November 23, 1923: 23) By 1925 the Black Hawk Fruit Co. no longer appears in Waterloo city directories and the Gamble -Robinson Co. is recorded at 716-720 Water Street. An advertisement announcing architect William L. Pedicord's separation from his former firm partner, confirms that the building he designed for Black Hawk Fruit Co. was then occupied by Gamble -Robinson Co. ("Announcement," The Courier (Waterloo), February 12, 1925) Gamble -Robinson remained in the former Black Hawk Fruit warehouse through 1930, at which time the company undertook construction of a new building located at 1st and Sycamore streets — one-half mile to the west. The new site had a 150-foot frontage on the Illinois Central line and 80-foot frontage on First Street. The building was a 1-story, brick and concrete structure to be constructed at a cost of $30,000. ("Build New Plant on First Street," The Courier (Waterloo), July 08, 1930: 01) In 1931 the Gamble -Robinson Co., wholesale fruit, appears in the city directory at 200 Sycamore Street. The building is retained today and, with the Black Hawk Fruit Co. warehouse and the Rath Packing Plant, represents the only remaining early 20th century industrial buildings retained in the East Factory District. Historical Context: Industrialization of Waterloo, 1890-1930 The 1988 multiple property documentation prepared by James Jacobson provides a solid overview of Waterloo's industrial history in the period from 1890 through 1930. The establishment of the Black Hawk Fruit Co. fits neatly within the era in which manufacturing in the city was at its high. Likewise, the end of the firm aligns with the near collapse of the city's industrial sector after the close of the First World War. As Jacobson states, the key period of Waterloo's industrial development began in the late 19th century when groups like the Commercial Club began their work of marketing the city. The construction of an interurban rail line was also a significant element of jump-starting the city's industrial development, which ultimately lasted with little interruption into the 1920s. A marker of that evolution: in 1904 Waterloo ranked tenth in the state among manufacturing centers in 1904, rising to seventh just five years later, and then to fifth in Iowa in 1919. (Jacobson, E-5) 55 Page 126 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 9 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City By 1910, with a population of 26,693, Waterloo had transformed from a typical county seat town to an industrialized city of regional influence, an evolution measured by population growth, number of new factories, rate of housing construction, and ranking relative to value of manufacturing. Hitting the mark in all these categories, Waterloo could rightly claim the title of "Factory City of Iowa." This transformation occurred during a period of considerable American prosperity and change, specifically relative to technological changes in farming, including gasoline engines, tractors. (Jacobson, E-5) Other larger Iowa cities were important manufacturing centers - Des Moines, Cedar Rapids, and Sioux City all ranked higher in the early 20th century based on total value added by the manufacturing process. However, none experienced the combined rate of growth in population, increase in manufacturing, and increase in construction seen at Waterloo. As a result, measured in increases in factories and wage earners, Waterloo had the highest rate of industrialization for the period. (Jacobson, E-5) The first decade of the new century saw an explosion of industrial advancement in Waterloo. According to census figures, between 1899 and 1919 the number of industrial establishments increased by 192.7 percent (from 55 to 161) the number of wage earners rose by 17 percent (from 804 to 4,620), and, in 1919, the value added by manufacture was sixteen times what it had been ten years earlier (increasing from $745,000 to $12,088,6113). Salaried employees not included in these figures added even more who owed their employment to industrial establishments. (Jacobson, E-6) The industrialization of Waterloo affected the city's economy and physical development, but also its population. Workers flocked to the new factories in such numbers that population regularly doubled, from 6,674 in 1890 to 12,580 in 1900 and 26,693 the following decade. Waterloo was one of only eighteen cities in the nation to have population increases topping 100 percent between 1900 and 1910; jumping the city from a ranking of seventeenth in size in Iowa in 1890 to seventh largest in 1910. Confident locals predicted that Waterloo would become home to 50,000 by 1920. But a series of events - including a financial depression in the farm -belt, and a not unnatural peak in development - ensured that population reached but 36,230 in 1920. It took twenty more years for Waterloo to top 50,000, attaining 51,743 in 1940. (E-5-6) The healthy state of the farm economy played a significant role in the city's prosperity. With World War I, increased demand for farm implements and other fabricated goods created a vibrant agricultural economy. However, the end of the war meant plummeting demand, resulting in a financial recession that impacted the state and the city. While the city's major employers, Rath Packing and John Deere & Company, rebounded and eventually thrived, the pace of industrialization effectively ceased with the end of the war. In 1925 the number of Waterloo factories fell from a pre-war high of 161 to ninety-five. (Jacobson, E-6) 56 Page 127 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 10 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City All the efforts to entice new industry to Waterloo had noticeable effects on the city's physical development. An explosion of new plats effectively extended the city boundaries beyond their legal limits. Expanded electric railway trackage spread across the city and provided ready freight -hauling capability for the new industrial sites. And these new industrial sites supplanted earlier factory districts or expanded their perimeters. The west side factory district of Westfield opened a whole new area for development. Expanding factories dating from the 1880s and 1890s moved from earlier industrial sites along the west side riverbank to Westfield beginning in 1903. Between 1897 and 1915, 1,000 new dwelling units were constructed in Ward 1, Westfield's location. Waterloo Gasoline & Traction Engine Company was located on the townside end of Westfield. After Deere & Company bought these makers of the famed Waterloo Boy tractor in 1918, the company experienced tremendous growth related to changes in farming practices. Deere & Company gradually expanded farther into Westfield. In 1928 twelve new buildings (now altered or razed) were added to the complex which ran for a half mile along the river. The north end of the city's east side (Ward 3) offered another new factory district and farther south, on the east riverfront, the Rath meatpacking concern was the core of another factory district. Like Deere & Company, Rath Packing eventually acquired former factory locations and expanded operations onto those sites. Bounded by the electric interurban line, these were the major new industrial districts of Waterloo. The freight -hauling beltline did not extend to the southern boundaries of the west side, and industrial development did not occur there. (E-7) Summary The Black Hawk Fruit Company warehouse is historically associated with the history of Waterloo industry, a period in the number of new factories and rate of housing construction resulted in Waterloo's transformation "from a typical county seat town to an industrialized city of regional influence." For decades now, the built resources that characterized that pivotal era in the city's evolution have been largely or completely gone, having been removed to accommodate flood control measures, highway expansion, or redevelopment, with others lost to fire — a condition that has only deteriorated in recent decades. (Jacobson, 1988: F-II.4) Although the Black Hawk Fruit Co. warehouse lacks the level of historic integrity required for individual listing on the National Register of Historic Places, the building is one of rare remaining example of the property type. The building represents a very important historical era and economic element of the city's economic development. The building stands on the east bank of the Cedar River between the bridge accesses on 5th Street and 6th Street. As a result, the Black Hawk Fruit Co. warehouse is a highly visible remnant of a pivotable period in Waterloo history. As such, the Black Hawk Fruit Co. warehouse warrants designation as a Local Landmark. 57 Page 128 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 11 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City Bibliographic References Full, Jan Olive and Jennifer Price. "Waterloo East Commercial Historic District." National Register of Historic Places Nomination Form, 2010. Jacobson, James. "Historical and Architectural Resources Of Waterloo, Iowa." National Register of Historic Places Multiple Property Documentation Form, 1988. Newspapers The Courier (Waterloo). "Many Alarms Losses Small." January 31, 1913. . "Florida Fruit in Waterloo." November 21, 1914. . "Are Rushing Work on New Building." August 31, 1915. . "Lauritzen Company Awarded Contract." September 08, 1915. . "Big Revival in Building Lines." September 11, 1915. . Advertisement "Jelke Good Luck Margarine." December 17, 1915. . "The Black Hawk Fruit Company Building." January 01, 1916. . "Building Permits." January 01, 1916. . "These are the Houses That Jack Built. Iowa's Most Modern Wholesale Fruit Houses." November 15, 1919. . Advertisement "Black Hawk Fruit Company." September 25, 1920. . "Affiliated Fruit Jobbers Conference." October 08, 1920. . "Waterloo Industries Served by Central Station Power: No. 20 — The Black Hawk Fruit Company." September 02, 1922. . "File Articles Today for Commission House." October 12, 1922. . "Fire of Unknown Origin Destroys Frame Buildings." May 05, 1923. 58 Page 129 of 425 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 12 Site Number: 07-09150 Related District Number: Black Hawk Fruit Co. IA Name of Property 722 Water Street. County Waterloo. Address City . "Legal Notice." September 20, 1928. . "Announcement." February 12, 1925. . "Build New Plant on First Street." July 08, 1930. Online Resources Google Maps. http://www.maps.google.com. Library of Congress — Sanborn Fire Insurance Map Collection. https://www.loc.gov/rr/geogmap/sanborn/states.php?statelD=17&Submit=SEARCH. Ancestry.com. Waterloo City Directories, 1921-1925. https://www.ancestry.com/imageviewer/collections/2469/images/13810534?ssrc=&backl abel=Return&pld=1261971915 59 Page 130 of 425 City of Waterloo Historic Preservation Application for Local Historic Designation of a Building or District This form is if you wish to have your building or a district to become a locally designated landmark. To be completed by applicant: Date of Application: 04/04/2023 Address of Property: 722 Water Street Current Use of Property: Commercial Property Owner's Name — Business if Applicable: Arp Patel - Dhani Re investments, LLC Address: 2343 Logan Avenue City: Waterloo Phone: Fax: Email: arp.patel@me.com Applicant's Name (if different than above): Address: City: Phone: Fax: Email: Contact Person: Alexa McDowell, A.KAY Consulting Address: 526 40th Street City: Des Moines Phone: Email: 515-491-5432 Fax: akaymcd@hotmail.com Please check if any of the following exhibits are included in your application: X Photographs Elevation Drawings Sample of Material X Other A State of Iowa Site Inventory Form will need to be included with the application. Applicant Signature „/I Signature Date Date Own 04/12/2023 60 Page 131 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution accepting the Proposal for Audit Services from BerganKDV for the years ending June 30, 2023-June 30, 2027 with optional renewals for the years ending June 30, 2028, and June 30, 2029, in the following amounts: 1) June 30, 2023- $69,900 + $5,000 ACFR preparation fee + $3,000-5,000 per major single audit program 2) June 30, 2024- $73,400 + $5,250 ACFR preparation fee + $3,000-5,000 per major single audit program 3) June 30, 2025- $77,000 + $5,550 ACFR preparation fee + $3,000-5,000 per major single audit program 4) June 30, 2026- $80,900 + $5,775 ACFR preparation fee + $3,000-5,000 per major single audit program 5) June 30, 2027- $84,900 + $6,050 ACFR preparation fee + $3,000-5,000 per major single audit program Optional Year 1: June 30, 2028- $89,200 + $6,350 ACFR preparation fee + $3,000-5,000 per major single audit program Optional Year 2: June 30, 2029- $93,600 + $6,600 ACFR preparation fee + $3,000-5,000 per major single audit program With an hourly rate for consulting services if we happen to request additional special projects or consulting not included in the time allowed of $180.00/hour. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 132 of 425 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BerganKDV - City of Waterloo IA Proposal - 5-23-23 Page 133 of 425 CITY OF .�j TERLOO CITY OF WATERLOOIOWA ca.anny of opporturr�ty ` PROPOSAL FOR AUDIT SERVICES berganov CONTACT: NANCY SCHULZETENBERG, CPA andrew.grice@bergankdv.com EMPOWERING PEOPLE and CREATING A WOW EXPERIENCE FOR OUR CLIENTS. Page 134 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA LETTER OF TRANSMITTAL Bridgett Wood, Finance Manager City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Ms. Wood: On behalf of BerganKDV, I am pleased to submit this proposal for audit services for the City of Waterloo, Iowa. We appreciate the opportunity to bid these services and your consideration of our firm. The attached proposal addresses the information you requested, including the unique qualifications of BerganKDV, the depth and breadth of the services we will provide your City and our commitment to providing the highest -quality work through a process that is both efficient and effective. Our services would include, but not be limited to, the following for year ending June 30, 2023 —June 30, 2027 with optional renewals for June 30, 2028-June 30, 2029. 1. Performing an audit of the City in accordance with auditing standards generally accepted in the United States of America, Government Auditing Standards, and other federal, state, and local requirements, as applicable. 2. Providing an opinion on the City's basic financial statements and an "in -relation to" report on the supporting schedules. 3. Reviewing the City's financial statements and related note disclosures, and supplemental schedules. 4. Reviewing, documenting, and providing recommendations on improving the City's internal control and financial operations. 5. Providing verbal and written guidance on new and ongoing Governmental Accounting Standards Board (GASB) Statements. 6. Meeting with City finance personnel and administration to review the financial statements and a draft of our letter of recommendations for improving the internal control and financial operations of the City. 7. Presenting the financial statements and communications letter to the City Council. 8. Providing copies of the report to the City for the Auditor of State's office, including a searchable pdf of the report, and the communications letter. 9. Being available during the year to provide a wide range of consulting services and answer your questions as they arise. 10. Completion of filings required by REAC prepared by a 3rd party accountant. 11. Audit services with regard to the schedule of passenger facility revenue. 12. Audit services for the Telecommunication utility through December 31, 2023. 13. Preparing a draft of the ACFR. Our Government Market team is located throughout BerganKDV offices. These individuals work only on our governmental entity clients. We have outlined your upper management team in the "Qualifications" section. In addition to these individuals, we will utilize associate level individuals. 1 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 135 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA We will work with your representatives to schedule specific fieldwork dates to ensure we are meeting your deadlines. The undersigned is a partner and is authorized to make representations for the firm. This proposal is a firm and irrevocable offer for 60 days. Sincerely, /CJc-id,-, S.P Nancy Schulzetenberg, CPA Partner BerganKDV, LTD 320-251-7010 Nancy.schulzetenberg@bergankdv.com 2 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 136 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA TABLE OF CONTENTS Profile of Firm Proposing: Letter of Transmittal 1 Executive Summary 4 Who is BerganKDV? 5 Value -Added Services Beyond the Audit 8 Certifications and Independence 9 Qualifications: Client References 10 Dedicated Service Team 12 Scope of Services and Proposed Project Schedule: Audit Approach and Timeline 18 Fees and Compensation: Fees 22 Additional Information: PlainSight 24 Peer Review 25 3 I PAGE BERGANKDV, LTD.I BERGANKDV.COM I DO MORE. Page 137 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA PROFILE OF FIRM PROPOSING EXECUTIVE SUMMARY Thank you for the opportunity to serve as a partner with City of Waterloo, Iowa. It is our understanding that you are seeking competitive proposals from independent public accounting firms to provide professional financial audit services for year ending June 30, 2023 — June 30, 2027 with the option to renew annually for an additional two years. Here are a few benefits of working with BerganKDV: • A Responsive Firm Who is there for You. We believe we are your auditors not just at year-end but throughout the year. This means being there for you when issues arise, available when you need us and being responsive to your requests. We demonstrate this through same -day callbacks and in-depth research to get to the heart of your questions. We take a collaborative approach in all our interactions with you. • Effective Communication. BerganKDV has set high internal standards for responding and communicating with our clients. Providing support exactly when and where you need it is the value our team brings. Your time is valuable; we will be clear and efficient in our communications, work to eliminate surprises and meet agreed -upon deadlines. We have a proven track record of performing client's requests based on their preferred timetable and delivering reports to our clients in advance of deadlines. • A Personalized Approach to the Audit. Our audit process includes an annual planning meeting with you to discuss any challenges and changes in the City over the past year, and to build future strategies. We enjoy learning about your City and will work to understand your City from an overall operational standpoint. We are not afraid to "roll up our sleeves" and delve into the details of your operations. This allows us to personalize our audit approach each year, bring best practices, and be a resource for you when it comes to GASB and other reporting standards. • Value for Time and Fees Invested. Receiving value for your fee investment is critical in City government. In addition to offering highly competitive fees, we work diligently to not incur fee surprises. We encourage frequent calls throughout the year, always at no cost to you. Our goal is to be your first call when you experience organizational challenges, and our current clients report that this has helped them save time, reduce costs, and build confidence when solving issues. • Government Finance Expertise. Your audit firm needs to understand how municipalities operate and how the environment in which they function is regulated. Your audit firm also needs to understand the intricacies of these entities and how decisions that are made and affect the community. BerganKDV audit professionals are dedicated to your industry beyond the audit; we strive to be your trusted resource in all areas. • Innovative thinking and solutions driven. When working with BerganKDV, clients find that we focus on earning their trust by being actively involved and focused on helping them be successful in all they do. We solve problems. Whether that problem is technology, financial or operations related, we will find a way to help. 4 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 138 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA WHO IS BERGANKDV? WE'RE GLAD YOU ASKED! We have an extensive background in working with clients through a strategic approach in all aspects; we do not just keep pace with the trends; we stay ahead of the curve. We explore new ways to reduce costs and operate more efficiently. THE BACKSTORY The history of our firm began in 1945, and since the beginning, BerganKDV has been firmly rooted in community. Today we are a Top 100 Firm, we operate in multiple states in nine different offices, employ over 450 experts, and service clients across the country. As we continue to grow, we acknowledge that we are not in the business to provide one -size -fits -all solutions. Every client is different — from business problems to personal preferences. We invest the time to understand your needs and customize our services and solutions to meet them. Our playbook consists of business advisory, tax, assurance and accounting, workforce management, technology, wealth management and turnaround management services. Sure, we offer a robust and competitive service portfolio and notable processes but what really makes us different? OUR PEOPLE OUR PEOPLE Relationships are at the core of everything we do, and our products and services are designed to meet the specific needs of our clients. When working with BerganKDV, clients find that we focus on earning their trust by being actively involved and focused on helping them be successful in all they do. PERSONALIZED SERVICE Our philosophy is to provide timely, quality services that exceed the expectations of our clients. Outstanding client service requires a successful team effort within our firm and with our clients. Providing outstanding service involves enthusiastic, dependable, and knowledgeable personnel who are responsible for knowing, understanding, and caring about our clients. Our firm believes that outstanding service is a continual process that is refined and enhanced with each client contact. 5 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 139 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA ENGAGE° I OUR PROVEN VALUE CREATION PROCESS We have aligned our team around our core values and are driven in our commitment to help clients and team members achieve their potential. We help clients reach their goals by utilizing our value creation process. Results of this process have led to more robust client relationships — deeper trust, enhanced communication, and minimization of time for all. This process is a key component of our strategy in supporting and helping our clients further their organizations. LEARN AND GROW. Listen to understand. Define what worked / didnt. Next steps. STEP 04 LISTEN VOICE OF CUSTOMER `. GO BEYOND. Be accountable. Deliver above expectations. Share and communicate. B<DV VALLI CPEATION PROCESS STEP EXECUTE O3 DRIVE THE OUTCOME DELIVERING A WOW CLIENT EXPERIENCE STEP DISCOVER O1 'E TNT IT ENGAGE STEP 02 PLAN TIiHUI TFU CisI�TOP.,'�"ICP. THE CLIENT EXPERIENCE Your business is your passion. With every season, regardless of where you are in your journey, you deserve committed, customized, authentic support that is true to you and your business. ENGAGE is the 4-step value creation process developed to ensure consistency, comfort and delivery of your desired results. WE GO BEYOND SO YOU CAN DO MORE That's you! WHAT IS IMPORTANT TO THE CLIENT. Be curious and ask helpful questions. Ask to understand. Discover priorities and opportunities. WHAT CAN WE DO TO MAKE WHAT SEEMS IMPOSSIBLE, POSSIBLE. Set expecations, goals and deliverables. Utilize BKDV resources and network. Share and communicate. DISCOVERY PROCESS PLANNING SESSIONS EXECUTION LISTEN AND REVIEW RESULTS 'BUR BUSINESS LINES BerganKDV has a strong bench of resources and expertise available based on needs of the client. This ensures the most effective and efficient results are delivered! WEALTH MANAGEMENT OUTSOURCED ACCOUNTING WORKFORCE MANAGEMENT 6 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 140 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA COMMUNITY SUPPORT At BerganKDV, we believe in giving back. We support the organizations our people and clients are actively involved with. BerganKDV's culture promotes community involvement by providing employees with paid volunteer time off. VISION AND VALUES We are powered by people who do business the Midwest way delivering comprehensive business, financial and technology solutions. Our firm consists of highly talented individuals that put relationships before business deals and clients before profits. Our values drive our decisions. BY PEOPL CURIOUS AUTHEN PASSIONAT INNOVATIV OUR FOCUS AND OUR PROMISE We continue to align BerganKDV team member core values and sense of purpose with our firm core values and mission. We hire towards our core values and manage performance through real time feedback corresponding to our core values. We have found that this work results in more open conversations at BerganKDV which impacts employee engagement and client care. 7 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 141 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA VALUE-ADDED SERVICES BEYOND THE AUDIT Our goal is to be your first call when you experience organizational challenges. We believe this can occur only when a relationship is developed and nurtured through strong communication and a thorough understanding of your mission, programs, and operations. We are unwavering in our commitment to our clients and make it our mission to ask the right questions, listen actively, understand your expectations, and deliver results. You can expect a partnership with professionals who value trust, integrity, and relationships. Extensive Governmental Auditing and Consulting Experience With over 50 years of experience serving the government community, we have a great appreciation for the unique issues and complexities that you face. We currently work with over 150 governmental entities, including cities, charter schools, school districts, colleges and universities, and other governmental entities, providing a wide array of services including accounting, auditing, and consulting services. We are dedicated to keeping informed of significant developments in the government community and the impact of those developments on our clients. We accomplish this through formal training, including annual seminars, workshops and professional sponsored classes on governmental accounting, auditing, and reporting requirements. We are a member of the Governmental Audit Quality Center of the American Institute of Certified Public Accountants. The Center maintains standards for quality control in governmental audits for CPA firms nationwide. In addition, many employees of our firm are members and have participated as instructors and speakers at seminars. These presentations have included GASB implementations, auditing standards updates, levy process and related accounting, property taxes and general fund budget, budget issues related to the state budget deficit, accounting and finance policies and procedures and fraud. Peer Review Our firm is a member of the Private Companies Section of the AICPA Division for CPA Firms. This Division was founded in 1977 by the AICPA to promote CPA excellence and to provide a voluntary, objective means of monitoring adherence to professional standards. Each member firm is required to periodically subject its audit and accounting practice to a comprehensive quality review by specially trained outside CPAs. Our last such review was just performed recently, and we received a clean report on our practices and methods. A copy of our last peer review report is included on page 25. 8 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 142 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA CERTIFICATIONS AND INDEPENDENCE We recognize when we audit a governmental entity, we are required to be familiar with certain rules, regulations, and requirements and, as a firm we are required to meet certain requirements. In that regard, we make the following affirmations: • Our firm meets the independence requirements relating to the City defined by auditing standards generally accepted in the United States of America and Government Auditing Standards issued by the Comptroller General of the United States. • Our firm and all assigned key professional staff are properly licensed to practice in the State of Iowa. • Our firm is a member of the American Institute of Certified Public Accountants and the Iowa Society of Certified Public Accountants. • Our firm has never had a report rejected or classified as substandard by any state or federal agency, or by the Government Finance Officers Association. • Our firm has never had and currently does not have any pending disciplinary actions or investigations for alleged improper, fraudulent, disreputable, or unfair activities against our firm with state regulatory bodies or professional organizations. • We accept the professional obligation concerning the American Institute of Certified Public Accountants Interpretation 501-3 "Failure to Follow Standards and/or Procedures or Other Requirements in Governmental Audits." • Our professional personnel have received adequate continuing education to follow Government Auditing Standards and have received adequate continuing professional education over the past two years. • Our firm is an equal opportunity employer and does not discriminate in employment of persons upon the basis of race, color, creed, national origin, sex, age, or physical handicap, and have an affirmative action plan in place. • We do not expect any potential audit problems and are not aware of any conflicts of interest about any work performed by the firm for the City. • We acknowledge and have adequate personnel to comply with the audit schedule provided in the request for proposals. • Our firm shall maintain during the life of this contract, Professional Liability Insurance, naming and protecting the City against claims for damages resulting from the firm's errors, omissions, or negligent acts. Such policy will contain a limit of liability not less than three million dollars. The insurance will be written by a company duly authorized and licensed to do business in the State of Iowa and will be maintained until all auditing work has been completed and accepted by the City. A certificate of insurance evidencing policies will be furnished to the City and such certificate will specifically indicate that insurance policies shall give the City at least thirty (30) days written notice in the event of cancellation or material change in any of the policies. 9 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 143 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA QUALIFICATIONS CLIENT REFERENCES AND EXPERIENCE A few of our municipality clients serviced are listed below and we encourage you to contact them. Teresa Fitch City of Sioux City, IA 912.279.6280 Year Served: 1 Scope of Work: Audit Review of ACFR and REAC reporting Joel Merry City of Minnetonka, MN 952.939-8254 Years Served: 4 Scope of Work: Audit and Review of ACFR Sue Kotchevar City of Eden Prairie, MN 952.949.8386 Years Served: 3 Scope of Work: Audit and Review of ACFR DeAnna Fah City of St. Cloud, MN 320.650.3351 Years Served: 20+ Scope of Work: Audit, Review of ACFR, and PFC 10 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 144 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA CLIENT REFERENCES AND EXPERIENCE Over the past year, BerganKDV has served as independent auditor or consultant for many Cities as listed below. Audit clients awarded the GFOA Certificate of Excellence in Financial Reporting are identified with an asterisk. Population (0-2,000) Epworth, IA North English, IA Goodell, IA Population (0-2,000) Bock, MN Clear Lake, MN Clearwater, MN Dundas, MN Eden Valley, MN Hilltop, MN Richmond, MN Silver Bay, MN Watkins, MN Waverly, MN Iowa Cities Population (2,001-5,000) Cascade, IA Evansdale, IA Dyersville, IA Population (5,001-15,000) Independence, IA Knoxville, IA Minnesota/Nebraska Cities Population (2,001-5,000) Ashland, NE Bennington, NE Cold Spring, MN Deephaven, MN* Elko -New Market, MN Greenfield, MN Hanover, MN Le Seuer, MN Mora, MN Rockville, MN Two Harbors, MN Population (5,001-15,000) Baxter, MN* Big Lake, MN Corcoran, MN Dayton, MN Falcon Heights, MN* Fergus Falls, MN* Gretna, NE Marshall, MN Mendota Heights, MN Oak Grove, MN Osseo, MN Otsego, MN* Sauk Rapids, MN St. Joseph, MN Wyoming, MN Population (15,001<) Coralville, IA North Liberty, IA Sioux City, IA* Population (15,001<) Albert Lea, MN* Brooklyn Park, MN* Cottage Grove, MN* Crystal, MN* Eden Prairie, MN* Faribault, MN* Forest Lake, MN* Ham Lake, MN* Hastings, MN* La Vista, NE* Maplewood, MN* Minnetonka, MN* New Brighton, MN* Richfield, MN* St. Cloud, MN* Sartell, MN Woodbury, MN* 11 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 145 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA DEDICATED SERVICE TEAM BerganKDV has a personalized team of professionals to meet your unique needs. Your BerganKDV team has extensive experience working with governmental organizations. This translates into a greater ability to understand your unique organization. sociology. MICHAEL E. DUSCHER, GOVERNMENT CONSULTING LEADER Minneapolis, Minnesota office Role and Experience: Mike serves clients in the government sector. He is responsible for growing the client base in the government market by building relationships with potential clients and working with them to help solve pain points they are experiencing in their business operations. Mike received his bachelor's degree in organizational communication and He is involved with Northern Voices, a nationally recognized school for deaf and hearing of children and Crescent Cover Respite & Hospice Home for Kids. On the next couple of pages, we have included the resume for the Partner and Manager that would oversee your engagement. In addition to the individual resumes listed, we will utilize 2 associates on your audit engagement from our GASB team. 12 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 146 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA DEDICATED SERVICE TEAM (CONTINUED) NANCY SCHULZETENBERG, CPA, ENGAGEMENT PARTNER Education: Bachelor of Science in Accounting from Mankato State University, graduated Summa Cum Laude Experience, Professional and Civic Activities: • Thirty years of experience in auditing governmental and nonprofit entities • Member of the Quality Control Committee for our firm • Appointed by the Commissioner of Education to serve as a member of the Minnesota Department of Education's Advisory Committee on Financial Management, Accounting and Reporting • Member of the Special Review Committee of the Government Finance Officers Association whose purpose is to review Annual Comprehensive Financial Reports to determine eligibility for the Certificate of Achievement for Excellence in Financial Reporting • Presenter at the Minnesota Association of School Business Officials Annual Conference, the Central Minnesota Educational Research & Development Council's Annual Conference, the MN Government Finance Officer's Association's Annual Conference, and BerganKDV sponsored seminars • Instructor at the Minnesota Association of School Business Officials Institute and the Minnesota Association of School Business Officials Certification Program • Member of Minnesota Society of Certified Public Accountants, American Institute of Certified Public Accountants, Minnesota Association of School Business Officials, and Government Finance Officers Association 13 I PAGE BERGANKDV, LTD. 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Page 147 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA Nancy Schulzetenberg CPE FY2021 and FY2022 Date Course Number of CPE Credit hours 2022 Update on Recent AICPA Standard Setting: Staying Current in a 7/26/2021 Changing Environment 7/27/2021 2021 Audit Update 7/27/2021 Single Audit Walkthrough 10/22/2021 GFOA GAAFR Review 1/19/2022 BDO Quarterly Update 4/21/2022 Auditor Considerations: the FRF Program 6/14/2022 UGAAP Lunch and Learn 6/15/2022 Current Issues in Ethics- 2022 6/29/2022 Essentials of Audit Sampling 6/29/2022 A Complete Guide to the Yellow Book 8.0 4.0 2.0 1.0 1.0 2.0 2.0 4.0 2.0 8.0 2021 7/15/2020 Annual School Districit Update 7/27/2020 Latest Developments in Nonprofit Accounting and Auditing 7/28/2020 2020 Audit Update 7/31/2020 GFOA GAAFR Review Chapter 1 - Part 1 8/12/2020 The 4 Disciplines of Execution; The 5 Disfunctions of a Team 9/9/2020 2020 OMB Compliance Supplement 9/25/2020 GFOA GAAFR Review Chapter 1 - Part 2 9/30/2020 CCH ARM - Expertise Made Easy 11/20/2020 GFOA GAAFR Review Chapter 5 11/20/2020 Axcess End User Training 12/2/2020 Axcess Practice Biller Training 5/3/2021 Diversity, Equity and Inclusion 5/3/2021 Yellow Book Update and Practice Issues 5/4/2021 Independence Update and Practice Issues 5/4/2021 Single Audit Surprises and Other Matters 5/5/2021 Professional Ethics Update 5/5/2021 Results and Outcomes: Igniting and Managing 5/6/2021 GASB Update and Practice Issues 5/6/2021 Managing Culture in a Remote Work Environment 5/28/2021 GFOA GAAFR Review Chapters 10 6/25/2021 The 5 Choices To Extraordinary Productivity 1.0 8.0 8.0 1.0 8.0 2.0 1.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 1.0 1.5 1.0 1.5 1.5 1.0 8.0 14 I PAGE BERGANKDV, LTD. 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Page 148 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA DEDICATED SERVICE TEAM (CONTINUED) ANDREW GRICE, CPA, CONCURRING PARTNER Education: Bachelor of Science in accounting from St. Cloud State University, graduated Cum Laude eExperience, Professional and Civic Activities: Professional and Civic Activities: • Fourteen years of experience with financial reporting in accordance with GAAP, ACFR requirements, analysis of internal control, performing audits of financial statements and single audits in accordance with OMB Circulars and Uniform Guidance. • Responsible for the planning, fieldwork and reports for numerous audits of cities, school districts, charter schools, and other government entities. • Attends continuing education, workshops and conferences on city and school district accounting and reporting requirements on an annual basis that qualifies as "yellow book" continuing professional education and on governmental and single audit accounting, auditing and reporting • Extensive use of computer and software applications to assist in the preparation and performance of the audit process. • Presents audit reports, financial statements, and communications letters to management, school boards and city councils. • Instructor for the Minnesota Municipal Clerks Institute Fund Accounting and Budgeting course. • Instructor for the Government Finance Officers Association Intermediate Governmental Accounting course. • Develops internal training for BerganKDV government auditors. • Certified Public Accountant, licensed to practice in the State of Minnesota • Minnesota Society of Certified Public Accountants • American Society of Certified Public Accountants • Minnesota Association of School Business Officials • Government Finance Officers Association 15 I PAGE BERGANKDV, LTD. 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Page 149 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA Andrew Grice CPE FY2021 and FY2022 Date Course Number of CPE Credit hours 2022 7/26/2021 7/27/2021 8/16/2021 8/23/2021 10/22/2021 1/28/2022 2/25/2022 3/30/2022 4/21/2022 6/14/2022 6/15/2022 Update on Recent AICPA Standard Setting: Staying Current in a Changing Environment 2021 Audit Update Leadership Development: Leading Change Part 1 Leadership Development: Leading Change Part 2 GFOA GAAFR Review GFOA GAAFR Review GFOA GAAFR Review Annual Comprehensive Financial Report Review Session Working Remotely UGAAP Lunch and Learn Current Issues in Ethics- 2022 8.0 4.0 4.0 4.0 1.0 1.0 1.0 3.0 2.0 2.0 4.0 2021 7/15/2020 Annual School District Update, GASB 84 7/27/2020 Latest Developments in Nonprofit Accounting and Auditing 7/28/2020 2020 Audit Update 7/31/2020 GFOA GAAFR Review Chapter 1 - Part 1 8/10/2020 Leadership Development 8/27/2020 Yellow Book and Single Audit Update 10/30/2020 GFOA GAAFR Review Chapter 4 11/20/2020 GFOA GAAFR Review Chapter 5 11/30/2020 Axcess End User Training 12/3/2020 Axcess Practice Biller Training 12/18/2020 GFOA GAAFR Review Chapter 7 1/5/2021 Languages of Appreciation 1/6/2021 Onboarding & Ongoing Training 1/21/2021 Charter School 990 Preparation 1/22/2021 Charter School 990 Preparation 1/29/2021 GFOA GAAFR Review Chapter 6 2/26/2021 GFOA GAAFR Review Chapter 8 3/17/2021 Annual Comprehensive Financial Report Review Session 3/26/2021 GFOA GAAFR Review Chapters 8 and 9 Part 1 4/19/2021 COVID Issues affecting CPAs 4/30/2021 GFOA GAAFR Review Chapter 9 Part 2 6/3/2021 2021 Ethics Seminar 3.0 8.0 8.0 1.0 8.0 4.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 2.0 5.0 1.0 1.0 2.0 1.0 2.0 1.0 4.0 16 I PAGE BERGANKDV, LTD. 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Page 150 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA DEDICATED SERVICE TEAM (CONTINUED) DUSTIN OPATZ, CPA, AUDIT MANAGER Des Moines, Iowa office Education: Bachelor of Science in Accounting from St. Cloud State University Audits 15-20 Cities(6 ACFRs) annually, including 10 Iowa Cities Is independent to the Engagement as defined by Government Auditing Standards Experience, Professional and Civic Activities: • Eight+ years of experience with financial reporting in accordance with GAAP, ACFR requirements, analysis of internal control, performing audits of financial statements and single audits in accordance with OMB Circulars and Uniform Guidance • Responsible for the planning, fieldwork and reports for numerous audits of cities, school districts, charter schools, and other government entities • Attends continuing education, workshops and conferences on city and school district accounting and reporting requirements on an annual basis that qualifies as "yellow book" continuing professional education • Attends workshops on governmental and single audit accounting, auditing and reporting on an annual basis • Financial statement and communication letter preparation • Extensive use of computer and software applications to assist in the preparation and performance of the audit process • Certified Public Accountant, licensed to practice in the State of Iowa • Presenter at the Government Finance Officers Association Annual ACFR Review, and BerganKDV sponsored seminars • Professional and Civic Activities • Iowa Society of Certified Public Accountants • American Institute of Certified Public Accountants • Minnesota Government Finance Officers Association • Minnesota Association of School Business Officials • Iowa Association of School Business Officials 17 I PAGE BERGANKDV, LTD. 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Page 151 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA Dustin O. atz CPE FY2021 and FY2022 Date Course Number of CPE Credit hours 2022 Update on Recent AICPA Standard Setting: Staying Current in a Changing 7/26/2021 Environment 7/27/2021 2021 Audit Update 7/28/2021 DiSC & Application Training 8/27/2021 GFOA GAAFR Review Chapter 6 9/24/2021 GFOA GAAFR Review Chapter 14 12/7/2021 Charter School 990 Preparation 3/30/2022 Annual Comprehensive Financial Report Review Session 5/25/2022 IDEA Data Analysis Level 1 6/15/2022 Current Issues in Ethics- 2022 8.0 4.0 5.0 1.0 1.0 6.0 3.0 16.0 4.0 2021 7/27/2020 Latest Developments in Nonprofit Accounting and Auditing 7/28/2020 2020 Audit Update 8/28/2020 GFOA GAAFR Review Chapter 1 - Part 1 9/25/2020 GFOA GAAFR Review Chapter 1 - Part 2 10/30/2020 GFOA GAAFR Review Chapter 4 11/20/2020 GFOA GAAFR Review Chapter 5 1/21/2021 Charter School 990 Preparation 1/29/2021 GFOA GAAFR Review Chapter 6- Part 1 2/21/2021 GFOA GAAFR Review Chapter 6- Part 2 3/17/2021 Annual Comprehensive Financial Report Review Session 3/26/2021 GFOA GAAFR Review Chapters 8 and 9 5/3/2021 Excel Treasure Maps 5/3/2021 Yellow Book Update and Practice Issues 5/4/2021 Independence Update and Practice Issues 5/4/2021 Single Audit Surprises and Other Matters 5/4/2021 Employee Motivation and Engagement in New World of Work 5/5/2021 Professional Ethics Update 5/5/2021 Igniting and Managing High Performance in Remote Environment 5/6/2021 Delegate Excellence - Keys to Grow and Capitalize on your Team Resources 5/28/2021 GFOA GAAFR Review Chapters 10 6/3/2021 2021 Ethics Seminar 8.0 8.0 1.0 1.0 1.0 1.0 2.5 1.0 1.0 2.0 1.0 1.0 1.0 1.0 1.0 1.0 1.5 1.0 1.5 1.0 4.0 18 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 152 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA DEDICATED SERVICE TEAM (CONTINUED) Office Performing Audit Our Government Market team is located throughout BerganKDV offices. These individuals work only on our governmental entity clients. We have outlined your upper management team in the "Qualifications" section. Our team consists of 3 audit partners, 5 audit directors/managers, 1 director of consulting, 5 senior/supervisor and 8 associate level members, all that focus on governmental entities. In addition, we have another partner, 2 directors, 2 seniors and 5 associate level members that all have experience working on governmental audits. In addition to individual resumes listed on pages 12-16, we will utilize 2 associate level members on your audit engagement. The Manager assigned to your engagement is located in our Des Moines, Iowa office. All partners, Directors/Managers and Supervisors are licensed CPAs. Commitment to Staff Continuity and Training To keep continuity and efficiencies high, we believe that consistent team members are advantageous for both our firm and your organization. We pride ourselves on maintaining the right balance of continuity on each of our engagements to ensure a "fresh" look at the annual audit process. Rotation of senior level staff only occurs after the merits of such rotation have been discussed and approved by your organization. Independence Our firm has no conflict of interest regarding any other work performed by our firm for your organization. Our firm meets the independence requirements relating to your organization as defined by auditing standards generally accepted in the United States of America. We annually review independence related to all our client relationships as part of our internal control compliance process. 19 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 153 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA AUDIT APPROACH AND TIMELINE OUR GOAL FOR YOU IS TO CREATE VALUE AND TO MINIMIZE SURPRISES. We do this through a specific, well planned audit. What makes BerganKDV unique from other firms is that we continually improve our audit process beyond what is expected by our profession. A few of the BerganKDV advantages: • Collaborative Audit Process. We see the audit process as a joint effort with you and BerganKDV. We want to work together to make it as painless as possible. • A comprehensive view of the City's financial health. Through our extensive government experiences, we understand a City's health is not only about the finances. The vision, mission and programming provide the blueprint for the City's direction. We review this information in relation to the financial statements and provide our observations based on a comprehensive view of the City's health. • Technology resource on internal controls. Technology experts from the BerganKDV Technology Group can assist in evaluating your technology controls. Their expert advice has proven to be a valuable resource as they answer technical questions and offer specific recommendations. • Review of the work papers during fieldwork. We complete most of our work in the field and provide a comprehensive exit conference. The exit conference includes a review of the draft financial statement numbers, any internal control, compliance, and state statute findings. • Beyond Expectations BerganKDV takes a four -phased audit approach that gets results by: • Leveraging what is working well. • Focusing on pre audit planning, collaboration, and communication. • Staying accountable to a schedule. • Meeting with you and your team to ensure every detail has been finalized and the audit is complete. • Exchanging information regarding our performance, opportunities to enhance experiences and future strategic opportunities. • Supervisors, managers and partners on -site. The involvement of our supervisors, managers and partners in the field is essential to being a trusted partner and delivering an exceptional client experience. We believe it is important to be on -site and available to answer questions. This also allows our managers and partners to review documentation throughout the process. • Meeting communications. Our presentations are designed to capture information that is useful and meaningful. Our presentations are focused on audit results, trends, and other information relevant to your City and related entities, not details of the financial statement amounts. 20 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 154 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA AUDIT APPROACH AND TIMELINE (CONTINUED) Our audits are designed to focus our energy and our audit tests on the areas of your operations that contain the most risk. This equates to a better product for the City. PHASE ONE - INITIAL PLANNING AND PROGRAM DEVELOPMENT (JULY FOLLOWING THE FISCAL YEAR END) Our main objective is to get to know the City as a resident or employee would. We want to understand not only your finances, but also your operational goals and objectives. What makes your City unique? How can that knowledge help us perform the best audit possible? When those questions are answered, we know we achieved our goal for Phase One. During this phase, we gather the information we need to create an effective audit program and make preliminary judgments of materiality. Highlights include: • Reviewing your internal control documents and interviewing your key employees and representatives to gain operational information. • Discussing your goals, objectives, and the current challenges facing your operations; those are then shared across your BerganKDV team and incorporated into our audit plan. • Obtaining population sizes ranging from 25-60 for certain transactions -based finance systems and selecting which transactions we will test for internal control and compliance testing. Selections will be based on our data analysis results, analyzing transactions on a risk -based level. • Obtaining your current financial reports and budgets and perform overall analytical review procedures. • Obtaining applicable City organizational charts, policies, bond documents, leases, and other legal contracts. • Reviewing with your staff our audit documentation requests. We audit and request information that is used internally by your staff to manage operations, we do not require specific templates to be used. We will work with the management team to determine the preferred means of communication, whether phone or email. In addition, we utilize Suralink, a workflow management software that improves efficiency by streamlining our audit request process. The simple interface includes team assignments and deadlines, so there are no misunderstandings on expectations. Our audit process incorporates automated audit tools (Knowledge Coach) and work papers to provide our clients with timely information and effective and efficient audits. In addition, we use CCH's TeamMate Analytics, an Excel add -on used to extract and analyze data quickly and efficiently. We also subscribe to various benchmarking and data analysis providers. Your Expected Role: Provide BerganKDV with policies, internal control documents and a preliminary trial balance; provide contact information for all council members and staff so we may set up appointments/interviews with selected representatives; begin to gather documentation for fieldwork. 21 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 155 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA AUDIT APPROACH AND TIMELINE (CONTINUED) PHASE TWO - AUDIT PROGRAM EXECUTION (MID/LATE OCTOBER FOLLOWING THE FISCAL YEAR END) Project execution is performing the procedures outlined in your audit plan as developed in Phase One. Our audit procedures will include examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. We will discuss potential ideas and best practices with your personnel relating to our recommendations for improving internal control, procedures and compliance with laws and regulations. Any issues identified, proposed audit adjustments, or other recommendations will be discussed with management throughout the execution of our audit procedures. We perform test work with as little disruption as possible to City staff's regular duties. Highlights of this phase include: • Auditing year-end account balances, testing internal control, assessing compliance to determine if your systems and controls are functioning as designed. • Using sampling techniques to test areas including transactions, internal controls and legal compliance using the scope mandated by the Auditor of State's Office. Sample sizes range from 25-60 based on our risk assessment. • Using IDEAS data mining software, we look for trends and anomalies in your payroll, vendor payment, and cash receipts process. Your Expected Role: Be available to answer questions during scheduled audit fieldwork, provide audit workpapers or reconciliations with documentation that is reasonable and reviewed during Phase One. PHASE THREE - POST -AUDIT CRITIQUE AND EXIT CONFERENCE (LATE NOVEMBER/EARLY DECEMBER FOLLOWING THE FISCAL YEAR END) This phase of the audit includes reviewing all the components of the financial statements and prepare the communications letter and relevant financial trend data for the Council presentation. Finally, opinions on the financial statements, Government Auditing Standards and Single Audit, if required, will be prepared. We will then present this information to management allowing you time to review the financial statement reporting package including the draft financial statements and any internal control findings or recommendations that arise during the audit. This phase allows you time to assess, discuss and develop a corrective action plan, if needed. Your Expected Role: Review preliminary financial statements and reports to provide BerganKDV with input and feedback. 22 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 156 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA AUDIT APPROACH AND TIMELINE (CONTINUED) PHASE FOUR - PRESENTATION OF AUDIT REPORT (DECEMBER FOLLOWING THE FISCAL YEAR END) The final phase of the process is the presentation of the reports to the City Council. The presentation provides the governing body with information about the year's financial activity compared to past trends and expected results. We also provide other relevant and interesting observations relating to your financial statistics that will help provide the governing board with a deeper understanding of your operations. We understand all organizations have individual needs and we look forward to getting your feedback on graphs and statistics. Professional standards require that we provide you with information regarding the auditor's responsibility under generally accepted auditing standards, significant accounting policies, accounting estimates and management judgments, significant audit adjustments, other information in documents containing audited financial statements, disagreements with management, consultation with other auditors, major issues discussed with management prior to retention as auditors and difficulties encountered in performing the audit. We will provide this information in written form via the communications letter and will discuss with administration during the review of the preliminary audit report. Your Expected Role: Provide BerganKDV with information and feedback for presentation preferences. 23 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 157 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA FEES Our fees for the services are based on the amount of time and the level of experience of the individuals who perform the services. In addition, we assume that the City's accounting personnel will provide the appropriate workpapers, documents, schedules, and clerical assistance, we will not encounter any significant or unusual circumstances which will affect the scope of our engagement, and no significant changes to the City's operations will occur. However, if situations arise which affect the scope of the engagement, we will discuss them with you prior to incurring the additional cost. At no time will we bill the City for extra time or charges unless we have verbal communication regarding the issues, your options, and an agreement for additional fees. Following is a description of the services we will provide under this agreement for the year ended June 30, 2023 —June 30, 2027 with optional renewals for June 30, 2028-June 30, 2029: 1. Performing an audit of the City in accordance with auditing standards generally accepted in the United States of America, Government Auditing Standards, and other federal, state, and local requirements, as applicable. 2. Providing an opinion on the City's basic financial statements and an "in -relation to" report on the supporting schedules. 3. Reviewing the City's financial statements and related note disclosures, and supplemental schedules. 4. Reviewing, documenting, and providing recommendations on improving the City's internal control and financial operations. 5. Providing verbal and written guidance on new and ongoing Governmental Accounting Standards Board (GASB) Statements. 6. Meeting with City's finance personnel and administration to review the financial statements and a draft of our letter of recommendations for improving the internal control and financial operations of the City. 7. Presenting the financial statements and communications letter to the City Council. 8. Providing bound copies of the report to the City for the Auditor of State's Office, including a searchable pdf of the report, and the communications letter. 9. Being available during the year to provide a wide range of consulting services and answer your questions as they arise. 10. Completion of filings required by REAC prepared by 3rd party accountant. 11. Audit services with regard to the schedule of passenger facility revenue. 12. Audit services for the Telecommunication utility until December 31, 2023. 13. Preparing a draft of the ACFR. 24 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 158 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA FEES (CONTINUED) Billing and Collection Expectations Our fees are due as services progress and are generally billed at the completion of each phase of the audit. These invoices are payable on presentation. Invoices are delinquent if not paid within 60 days. Off-season Communication We encourage questions throughout the year and ask our clients to submit to us their monthly financial statements and board of director minutes, so we can stay abreast of their operations, and identify/resolve any issues prior to year-end. We will not invoice additional amounts unless substantial research or work is required, in which case, we will discuss the scope of any additional work and proceed only after we have reached a mutually agreeable fee arrangement. Out of Scope Professional Services We do not surprise bill. If during our engagement you request additional services which require more than a minimum amount of time, we will provide an engagement letter with the fees and services specified, only after we have verbal communication and agreement. Additional special projects and consulting requested during the year will be billed at an hourly rate commensurate with the level of experience required. Our fees for the above services are: June 30, 2023- $69,900 + $5,000 ACFR preparation fee June 30, 2024- $73,400 + $5,250 ACFR preparation fee June 30, 2025- $77,000 + $5,550 ACFR preparation fee June 30, 2026- $80,900 + $5,775 ACFR preparation fee June 30, 2027- $84,900 + $6,050 ACFR preparation fee June 30, 2028- $89,200 + $6,350 ACFR preparation fee June 30, 2029- $93,600 + $6,600 ACFR preparation fee Rate Hours Partner 300 35 $10,500 Manager 200 160 32,000 Staff 100 300 30,000 72,500 Out of pocket travel costs 2,400 $74,900 Plus $3,000-$5,000 per major single audit program Hourly rate for consulting services - $180 per hour. 25 I PAGE BERGANKDV, LTD. I BERGANKDV.COM I DO MORE. Page 159 of 425 PROPOSAL PREPARED ESPECIALLY FOR CITY OF WATERLOO, IOWA EMPOWER and PROTECT,; FRAUD AT ANY LEVEL AT YOUR COMPANY IS OFTEN HAPPENING IN CLEAR VIEW. DO YOU SEE IT? With BerganKDV's PlainSight, you can empower your employees to speak up when they witness fraudulent activity through an easily accessible and completely anonymous hotline system. Based on the tip criteria, ❑ur certified team of fraud professionals is available to investigate and report back with next steps if fraudulent evidence is discovered. One year subscription complimentary for first year audit engagements A TIP COULD BE ALL IT TAKES You can rest assured as a business leader that your employees are equipped with a powerful and safe tool to protect your company against those who wish to harm it. OUR PROMISE TO YOU We will work directly with you to establish an implementation and use strategy that fits your needs and coordinate with you when tips become viable signs of potential fraudulent activity. Safety and anonymity are our main priority for your business. Our goal is to highly encourage hotline usage and promote the idea that no tip is too small to make a difference. 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RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Airport Board Meeting Minutes of March 22, 2023 Page 164 of 425 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, March 22, 2023 L ROLL CALL Board Chair, Scott Voigt, called the meeting to order at 12:03 p.m. Board Members Present: Scott Voigt, Cary Darrah, Arlene Humble, David Deeds, Gwenne Berry and Chris Bering (Zoom). Board Members Absent: Todd Holcomb. City Officials Absent: Ray Feuss, John Chiles, Council Liaisons. Airport Staff Present: Keith Kaspari and Sheila Combs. Other Attendees: Doug Schindel, AECOM; Noel Anderson, City Planning; Tim Newton, Livingston Aviation; Bob Petersen, Livingston and Kingfisher Aviation. II. AGENDA AS RECEIVED OR AMENDED III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Kaspari briefed the Board on changing guidelines regarding fingerprinting and 10-Year Criminal History Records Checks (CHRC) requirements by the TSA for airline personnel working charter flights like the upcoming Caesars or Honor Flights. He stated that TSA doesn't think this will affect the April Caesars flight. There were no questions over the Director's written report. B. Legislative Information ---- Industry News No discussion. C. Misc. Monthly Airport Reports No discussion. Page 165 of 425 V. BOARD APPROVAL A. Approval of Minutes of the February 15, 2023 Regular Meeting. Mrs. Berry moved approval of the minutes of the February 15, 2023 meeting, seconded by Mr. Deeds. Ayes: 5. Motion carried. B. Motion to Receive and File February 2023 Expenses. Mrs. Humble moved that the February 2023 expenses be received and filed, seconded by Mrs. Berry. Ayes: 5. Motion carried. VI. OLD BUSINESS A. Board Update: Airport Department: Personnel Update 1. Randy Shepard has given notice of his retirement, effective April 28, 2023. 2. New hire, Tyler I -Tare, began employment on February 27, 2023. The second new hire who had been approved to start on the same date and backed out after his employer made him a counter-offer that was too good to pass up. 3. Staff continues to look for a second and third Operations employee to fill the remaining openings. B. Board Update: Airport Security Plan (ASP) Mr. Kaspari stated that he is continuing to work on the rewrite of the Airport Security Plan, currently working on chapters 4 and 5, with revisions to be made to Chapter 3, following TSA's review and return comments. Discussion followed on whether a Consultant could/should be hired to complete the rewrite in order to better position ALO in case American Airlines follows through with plans to phase out the 50-seat Regionals Jets. ALO needs to be prepared to step up to a Category III ASP, and have the proper Airport Security Plan in place, before we can have service on a 60+ seat aircraft. Doug Schindel stated that AECOM may have staff that would be qualified to perform this type of consulting work. Moved by Mrs. Darrah, seconded by Mr. Deeds, to ask AECOM to look into the hiring of a consultant to finish the rewrite of ALO's Airport Security Plan. Ayes: 5. Motion carried. 2 Page 166 of 425 C. Board Update: Status of the FAA DRAFT Office Lease Mr. Kaspari gave an overview of the very drawn out process of trying to get a new lease in place with the FAA. He has reached out to Senator Grassley's office to request a letter be sent to the Acting FAA Administrator detailing the lack of communication, as well as the unacceptable draft lease that was received recently. Discussion followed. D. Board Update: Status of the GSA/TSA DRAFT Office Lease Mr. Kaspari stated that the GSA has agreed on space needs for the TSA, just need to set the shell rate and operating costs. The current lease doesn't expire until October 31, 2023. E. Board Update: Iowa Guard Bureau — ALO AASF Mr. Kaspari update the Board, stating that the Guard hopes to have a new lease in place by June or July. Mr. Deeds moved, seconded by Mrs. Berry, to direct Staff to request that the Guard pay for a displacement threshold in order to allow Runway 12/30 to remain open during construction of the new taxiway. Ayes: 5. Motion carried. F. Board Update: PAX Terminal — Bid Opening — HVAC Controls System Project (CARES Funds) Mr. Kaspari stated that the bid opening is scheduled for April 13, 2023 with a Public Hearing at the April 17tr' Council meeting. G. Board Update: PAX Terminal Bid Opening Install CCTV System Project (CARES Funds) Mr. Kaspari stated that after bids were opening, K & W Electric was awarded the bid, with the cameras coming from RC Systems. H. Board Update: Caesars Gaming Flight — April 2 - 6 Previously discussed. VII. NEW BUSINESS A. Staff Requesting Board Support to Provide Asst. Manager or Operations Manager for Airport Director Discussion of tasks involved with moving to Category III Airport and who would be assigned to those tasks if/when that happens, but also budgetary limitations to pay for additional personnel, due to the City Ordinance requiring the Airport to remain self- sufficient. 3 Page 167 of 425 B. Staff Requesting Board Support for Residency Waiver for New Airport Operations Applicant. Skipped due to out-of-town applicant turning down position. C. Begin Discussion for Fall 2023 USDOT/EAS Bid Cycle for Air Service at ALO Possible scenarios were discussed ranging from American continuing to serve AIL with the 50-seat jet or upgrading to a 60+ aircraft. Mr. Kaspari mentioned possibly looking to a smaller airline bringing in a 30-seat jet, possibly with service to both Chicago and Denver, as a way to increase our load factor. Discussion followed. D. Begin Discussion of an Airport Niche at ALO Possible ideas discussed included working with Hawkeye Community College or UNI to establish an A & P program at ALO. E. Future Applications of Legislator's Community Project Funding. Mr. Kaspari provided a general breakdown of the program, and while sufficient time does not allow for making application this year, Mr. Kaspari wanted to provide the Board the information to make applications in the future. F. General Discussion: FY-2024 Iowa DOT CSVI Funding Allocation and Recommended Projects. Mr. Kaspari provided the Board an update as to what could be applied for during this next granting cycle. Applications are due to IDOT on May 25' '. G. General Discussion: FY-2024 Iowa DOT ASD Air Service Sustainment. Mr. Kaspari recommended to continue with Advance Aviation during this next granting cycle. Applications are due to IDOT on May 25t. H. General Discussion: FY-2024 FAA -Funded AIP Projects -- Bid Opening March 30th for Summer Construction. VIII. STAFF AND BOARD MEMBER COMMENT IX. ADJOURNMENT Moved by Mrs. Darrah, seconded by Mr. Deeds, that the meeting be adjourned at 1:45 p.m. Respectfully subi SAott Va' .tlair 4 Page 168 of 425 Community Development Meeting Minutes April 25, 2023 I. Call to order Board Chairman Cody Leistikow called to order the regular meeting of the Community Development Board via zoom at approximately 4:00 p.m. on Tuesday, April 25, 2023. Leistikow asked for an approval of the agenda for April 25, 2023. It was moved by Hummel and seconded by Rucker to approve the agenda. Motion carried. II. Attendance: Present: Cody Leistikow, Cam Campbell, Tina Hummel and Jessica Rucker Members Absent: and Angela Weekley Also Present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator; Stephanie Shavers, Neighborhood Services Coordinator; Mike Hayworth, Rosemont Companies III. Last month minutes Leistikow asked for a motion to approve the minutes for the board meeting and public hearings held on March 21, 2023. It was moved by Hummel and seconded by Rucker to approve the minutes of the meetings for March 21, 2023 meeting. Motion carried. IV Old Business: a) Staff Updates: The office is in the midst of a major transition with staff preparing to replace 2-3 positions. Campbell asked if there were exit interviews in place. The Civil service process which has been started is to replace an Intake/Project Specialist and the Senior Rehab Specialist with an upgraded Housing Manager. The Program Manager will oversee the Lead grant as well as incorporate new construction and substantial rehab responsibilities to the position. Rudy, Angie and Anita went to mandatory training in Seattle for the Lead grant program. b) Ricker Street Development — 232 Ricker Street is progressing well. Staff is in the process of pursuing acquisition of 228 Ricker Street. Another potential vacant unit is 1712 East 4 ' Street. Community Development has also funded demolition of dilapidated garages. Page 169 of 425 c) HOME -ARP -Staff is waiting on the HUD office to evaluate the HOME -ARP plan that was submitted. HUD will review the allocation plan and will either approve it or let us know if any changes need to be made. HUD has 45 days to communicate with staff whether or not the plan will be accepted. d) GABLE Street New Construction revisions -Staff discussed revisions in reference to the door that initially had been approved out the back. Staff and the board discussed moving the door off the kitchen so there would be access to the side yard. By doing this the main closet in the master would not be compromised. A couple other revisions would be using a pocket door instead of a barn door. Also eliminating the mud room in lieu of an open closet area. Hayworth from Rosemont attended the board meeting to answer any questions about budget and changes to the lay out. A motion was made for these changes by Hummel and seconded by Campbell. Motion carried. All ayes. e) National Community Development Week April 10-14 —Jones thanked staff and all who participated in the week long activities. V. New Business: a) Endorse Contracts April 2023: Leistikow asked for a motion to approve the contract signed in April of 2023. A motion was made to approve the April contracts by Campbell as shown and a second was made by Hummel on that motion. Motion carried b) Neighborhood Services Report: Shavers went over the Neighborhood Services report and talked of upcoming events. Shavers talked about the Spring Fling and the turn out. She also mentioned that Tyson has stepped up to offer any Neighborhood that wants to do a National Night Out celebration to contact them about meat for their event Also discussed the Basketball game between Boys and Girls Club and City of Waterloo employees. VI. Discussion Items: a. VII. Adjournment Leistikow asked for a motion to adjourn the meeting. A motion by Campbell was made to adjourn and seconded by Hummel Motion carried. Meeting Adjourned. Minutes submitted and approved by board. Page 170 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department AGENDA ITEM TITLE MEETING DATE June 5, 2023 Complete Streets Advisory Committee minutes of February 28, 2023. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Minutes Complete Streets 02-28-23 Page 171 of 425 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting February 28, 2023 The Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30 pm February 28, 2023, by Vice -Chairperson Durant in the Mollenhoff Conference Room at Waterloo City Hall. Roll Call: Members present: Paul Huting, John Dornoff, Oumie Ceesay, Jessica Rucker, Kyle Durant, Kathryn Gilbery, Dwight Diercks, and Aric Schroeder. Members absent were: Felicia Cass, David Sturch, Ray Feuss, and Greg Young. Other attendees: Doug Schindel and Michelle Sweeney — AECOM, Aldina Dautovic — INRCOG. It was moved by Huting and seconded by Rucker to approve the minutes of the January 31, 2023 meeting amending that Durant had closed the meeting. Motion carried unanimously. Agenda Items: 1. MPO Bikeway Plan • Durant went over the 2050 plan as developed by INRCOG. • MPOs are required to do a long-range travel plan every 5 years. • Since developing the last plan (2045 plan) the plan is looking at what kind of treatments would make sense • The 2050 plan incorporated other plans that have been done over the last couple of years. • The concept of the plan is to have a document that meets the needs of all users. • There was a discussion if planned routes should have dotted lines, but Durant noted that while they look good on GIS, they don't come out so well when printed. • The 2045 plan incorporated a travel plan. • Everything proposed is vetted through the respective cities. • Discussion if there should be a focus on dangerous intersections such as Ansborough and US Highway 218. • Discussion of beg buttons and where and when it is appropriate to get rid of them. • Durant requested that everyone look at the maps over the next month and be prepared to discuss them. • Will be presented to the Cedar Valley Bike Coalition. 2. Letter of Support for the 4th/5th/6th Conversion Study • The study will be presented at a Work Session to the City Council on April 3ra • Letter of support will be brought back in March. 3. Letter of Support for INRCOG's Cedar Valley Trails Partnership grant application • Grant application is due today. It was moved by Rucker and seconded by Diercks to approve the letter of support for INRCOG's Cedar Valley Trails Partnership grant application. Motion carried unanimously. Page 172 of 425 Complete Streets Advisory Committee Minutes February 28, 2023 4. Parklets sub -committee update and Bike Share Programs • Rucker handed out a preliminary booklet for the Parklets. • City has tabled the idea until the parking study is done. • No update on bike share program. 5. Upcoming Planning_Commission Agenda Review • Schroeder went over the Planning and Zoning Commission agenda. 6. CIP sidewalk projects • There is currently $62,000 in funding for projects. • Ceesay went over the previously recommended list. • Cessay noted that Iowa DOT would be working on US Highway 63, so doing segment one from the highway to Reber Avenue should wait until UDOT is done. • The next segment recommended was on Fletcher on the east side of the street from Reber Avenue to West 3rd Street. • While both sides of Fletcher have their complications, the east side would be the easier of the two. • It was also noted that Segment 3 from University Avenue to Janney Avenue would be done as part of the University Avenue project so it could be removed from the list. • It was noted that the city could apply for TAP funds to due sidewalk in -fill, which would have the TAP funds cover 80% of the cost but also federalize the projects making them more difficult. It was moved by Schroeder and seconded by Rucker to recommend that segment 2 of Fletcher Avenue from Reber Avenue to West 3rd Street be a sidewalk infill project. Motion carried unanimously. Discussion Items: • Other projects o No other comments. • Rucker will not be at the March meeting. Adjournment Durant adjourned the meeting at 3: 00 p.m. Respectfully submitted, John Domoff Planner II 2 Page 173 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE AGENDA ITEM TITLE Complete Streets Advisory Committee minutes of March 28, 2023. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION June 5, 2023 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Minutes Complete Streets 03-28-23 Page 174 of 425 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting March 28, 2023 The Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30 pm February 28, 2023, by Chairperson Cass in the Mollenhoff Conference Room at Waterloo City Hall. Roll Call: Members present: Felicia Cass, Paul Huting, John Dornoff, Oumie Ceesay, Kyle Durant, Kathryn Gilbery, Dwight Diercks, David Sturch, and Aric Schroeder. Members absent were: Jessica Rucker, Ray Feuss, and Greg Young. Other attendees: Doug Schindel and Michelle Sweeney — AECOM, Aldina Dautovic — INRCOG, and Frank Darrah. It was moved by Huting and seconded by Schroeder to approve the minutes of the February 28, 2023 meeting amending that Durant had closed the meeting. Motion carried unanimously. Agenda Items: 1. MPO Bikeway Plan • Durant went over the plan and discussed the comments that were received. • May need to revisit some of the treatments that were originally proposed. • Discussion on which would be safer, signs or sharrows. • Discussion on what Minneapolis offers since it is rated a gold star community for biking. • There was problem areas identified such as crossing Conger from Exchange Park to the Ansborough interchange. • The sign for bike crossing after crossing the Cedar River bridge on Conger is too close to the bike crossing for drivers to stop and the signs are not current high reflective ones but it may be hard to move the sign due to the bridge. • Saturday June 3rd is the bridge ride which will be traversing this area. • Concerns about glass along the trail on the 18th Street Bridge. Huting stated that if there is situations such as this to have people call Leisure Services. Discussion if there should be signs up telling people to call Leisure Services. • Discussion if trails and bike lanes should be required in new developments. • Discussion of the Paradise estates project and how bikes should be accommodated in the area to and from the development and the Orange Neighborhood. 2. Bikeability Priorities and Visioning Meetings • Meeting will be held on 3/29/23 from 5:00pm to 6:30pm. • Will present a report on the audit. 3. Letter of Support for the 4th/5th/6th Streets Conversion Study • Durant went over the request. • Discussion of concerns about the change including the cost and safety but also the benefits of returning the streets to two-way. • There will be a work session at the Monday April 3, 2023 City Council Meeting. Page 175 of 425 Complete Streets Advisory Committee Minutes March 28, 2023 It was moved by Durant and seconded by Huting to approve a letter from the committee supporting the conversion of 4th/Sth/6th Streets. Motion carried unanimously. 4. Upcoming Planning Commission Agenda Review • Schroeder went over the Planning and Zoning Commission agenda • Discussion if there should be a requirement for the developer of Paradise Estates to put in a trail instead of sidewalk along Kimball Avenue along with discussion on how feasible it is. Discussion if there should be a sidewalk from the cul de sac to Kimball Avenue.There was no action. 5. Other Project Status Updates • CIP money earmarked for complete streets will be going to installing a trail at the new Edison Park and not for sidewalks along Fletcher due to a development agreement. Discussion Items: • None Adjournment Cass adjourned the meeting at 3:15 p.m. Respectfully submitted, John Domoff Planner II 2 Page 176 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department AGENDA ITEM TITLE Historic Preservation Commission minutes of April 18, 2023. RECOMMENDED COUNCIL ACTION Approval MEETING DATE June 5, 2023 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Historic Minutes 4.18.23 Page 177 of 425 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — April 18, 2023— 4:30 P.M. The meeting was held in the Mollenhoff Room at City Hall Chairperson Gilbert called the regular meeting of the City of Waterloo Historic Preservation Commission to order at 4:30 p.m. Commission Members present were: Nick Hedrick, Hector Salamanca Arroyo, Cole Weliver Terry Stevens, Susan Price, Jared Hottle, Ivan Valtchev, and Mathew Gilbert. Commission Member(s) absent were: Ed Ottesen Others present were: Lexi Blank — Planning Staff; Ed Gallagher — Grout Museum Liaison, Arp Patel — Applicant, Charles Pearson, and Alexa McDowell — Architectural Historian Approval of Agenda Motion made by Price, seconded by Salamanca Arroyo to approve the agenda of the April 18, 2023 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Price, seconded by Salamanca Arroyo to approve the minutes of the March 21, 2023 regular meeting. Motion carried unanimously. Oral Presentations Charles Pearson gave a presentation on his work with the Civil Rights Trail in Waterloo and how it could have impacted the entire Cedar Valley. Hearings 1. Request by Arp Patel, on behalf of Dhani Re Investments, to locally designate 722 Water Street as a Historic Landmark. McDowell gave a summary of the history of the building. She stated the applicant is wanting to locally designate this structure as a historic landmark in order to receive historic tax credits for the rehabilitation of the building. This is one of the only remaining industrial buildings on the east riverfront. When inside this building you can tell it was once a warehouse because of the small changes to the structure on the interior. Arp Patel indicated he plans to return the former restaurant to a restaurant again and open up the exterior of the building by placing new windows where the original ones once were. There will be apartments on the upper floors of the building, as well. Price made a motion to approve the local designation of 722 Water Street as a Historic Landmark. The motion carried unanimously. -1- Page 178 of 425 Building Consultation No Report Reports 1. Main Street Hedrick reported that SMID has been cancelled and will be revisited in a few years. There currently is not enough staff and volunteers and there is a lack of time. 2. Silos and Smokestacks. No Report 3. Grout Museum Gallagher stated the Grout is excited to host the 2023 Historic Preservation Awards Banquet. Harry Truman's grandson will be presenting at the Grout and tickets are for sale right now. The back doors of the building are open again. 4. Project Update Gilbert noted Tom has been in contact with him about the Ferguson Home at 705 Beech Street. 5. Highland Hedrick noted there have been over 60 trees implanted into the neighborhood and the community garden has been put in. 6. Walnut Valtchev stated the neighborhood has been evaluating the results of the survey that Iowa Heartland Habitat for Humanity completed. They are working to implement a park in the neighborhood and improve the safety with the roads and sidewalks. The grocery store construction is progressing and should be complete around summer time. They are in the hiring process right now for the grocery store. Discussion Items/Possible Action Items 1. HPC Awards Banquet Blank stated she will email out the invites to the Commissioners so they can distribute them to possible collaborators. Hottle volunteered to speak on the Most Endangered Properties List and Salamanca Arroyo volunteered to speak on the Past Awards Winners at the Banquet. -2- Page 179 of 425 2. School Art Project 2023 Stevens mentioned the Courier did not get notice out about the School Art Project, so she is hoping to extend the deadline to June 1st, 2023 and hold a small ceremony after the deadline. The Commission agreed to extend the deadline to June 1st, 2023. 3. Main Street Waterloo Collaboration No Report 4. Other Collaborations No Report 5. City -Owned Properties and Demo List No Report 6. Maps No Report 7. Goals and Action Plans No Report Discussion Items: No Discussion Design Guidelines: No Report Adjournment Chairperson Gilbert adjourned the meeting at 5:40 p.m. Respectfully submitted, Lexi Blank Planner I 3- Page 180 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department June 5, 2023 AGENDA ITEM TITLE Leisure Services Commission Board minutes of April 11, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board Minutes 4-11-2023 Page 181 of 425 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, April 11, 2023 300 Jefferson Street The meeting was held in the Cedar Valley SportsPlex Multipurpose Room at 300 Jefferson Street. The meeting was called to order at 7:30am. Present: Council Liaison Dave Boesen, Jessica Rucker, Allison Richter, Ellen Vanderloo, Tom Christensen, Bob Bamsey, Tim Moses Staff: Paul Huting, Chris Dolan, Travis Nichols, Bob Etringer, Todd Derifield, JB Bolger Absent: Tom Powers Tom Christensen called for approval of the agenda. Jessica Rucker motioned to approve the agenda, second by Bob Bamsey. Ayes: All Nays: None Tom Christensen called for motion for the approval of the 3/14/2023 meeting minutes. Ellen Vanderloo motioned to approve meeting minutes, second by Jessica Rucker. Ayes: All Nays: None Tom Christensen called for approval of the bills. Questions were answered. Motion by Tim Moses to approve March bills, second by Bob Bamsey. Ayes: All Nays: None BLACK HAWK COUNTY DEER TASK FORCE REPORT Todd Derifield summarized the Deer Task Force Progress Report for 2022-2023. FYE 2024 BUDGET PROCESS UPDATE Paul provided information regarding the FYE 2024 budget. STAFF UPDATES Forestry — Todd Derifield Crews have been working on performing prescribed burns to native planting at Lloyd Randall Park (4 acres) Katoski Greenbelt north of Ridgeway (5 acres). Sports and SportsPlex — Bob Etringer With the spring beginning we starting to transition to outside activities. We have USSSA baseball/softball beginning on Wednesday nights. They play 31 games per night on 13 fields until the end of May. Although it's spring time membership numbers are good. With everyone beginning to go outside we are still busy in the SportsPlex with post prom parties, graduation open houses, end of the year school fairs and birthday parties. Construction — Travis Nichols We are switching over to the summer route and are adding barrels back into our parks. We have started turning on the water and most locations will be on by end of month. We continue to do park inspections which create our list for general maintenance items. You will see some new wooden park signage going out in the parks. The sign at Leavitt Triangle Park really pops. Gates Park Project is out to bid with bids due April 27th, public hearing May 1st and possible award on May 15th. We have the Byrnes Pool plan review starting this week. The Edison Park playground installation is scheduled for May 17th and 18th. If you would like to help let us know. City Engineering is working on the REAP Grant design for phase II and also will be starting to do plans and specs for shelter at Sulentic Park. The shade is in fabrication for the skate park and should be installed early summer. Page 182 of 425 Golf and Downtown Area — JB Bolger We had funds remaining in the crow fighting project account with the USDA and they offered their services with regards to problem geese so we are utilizing them in the month of April to fight geese at Gates Golf Course and Cedar River Exchange Park near the Boathouse. Golf courses opened for the season April 2ncl. Business has been strong so far on the good weather days- we nearly sold out of Senior and Junior passes at Iry Warren and had to make more. Golf Superintendents turned on potable water systems in the past few days which includes the irrigation systems and on -course restrooms. Young Arena — Chris Dolan The Waterloo Black Hawks are currently in second place in the Western Conference. They will host Sioux City on Saturday, April 15 and the final regular season home game will be Saturday, August 22 against Dubuque. The USHL playoffs will begin on Monday, April 24. Read and React Hockey will be hosting a skills camp April 15-16 for players ages 7-17. Marching against the Darkness Drill team Competition will return to Young Arena on Saturday, April 8. The next regular Leisure Services Commission Meeting will be held Tuesday, May 9, 2023. Motion made by Jessica Rucker to adjourn the meeting, second by Ellen Vanderloo. To Christensen adjourned the meeting at 8:15am. Jessica Rucker, Secretary Dat Page 183 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Planning, Programming, and Zoning Commission April 11, 2023 Minutes. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. April 11, 2023 minutes Page 184 of 425 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING, AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. APRIL 11, 2023 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. via zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Virginia Wilber, Patrisha Serfling, Cody Leistikow, Steve Trost, Brandon Schoborg, Ali Parrish, and Phillip Shirk. Members present electronically were: Janelle Ewing. Members absent were: None. Note -Representative from Human Rights is currently a vacate position. Others present were: Noel Anderson — Community Planning and Development Director; Lexi Blank, Aric Schroeder, and John Dornoff — Planning Department; Jaime Knutson — City Engineer; and 10 citizens. Others present electronically: Dave Boesen — City Council Liaison, and 1 citizen. I. Approval of the Agenda It was moved by Schoborg and seconded by Trost to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on March 14, 2023. It was moved by Schoborg and seconded by Serfling to approve the minutes of the March 14, 2023 meeting. Motion carried unanimously. III. Financial Report February 2023. Anderson reviewed the financial report. It was moved by Parrish and seconded by Leistikow to receive and place the financial report on .file. Motion carried unanimously. IV. Oral Presentations Boesen noted that the CLURA is set for a Public Hearing on May 15th and noted that the commission had approved the concept of the daycare tax incentives but thought the commission had voted to recommend denial of the multi -family, but it is included as of today to which commission members stated that multi- family was not discussed but instead the different time options. Anderson noted it was not discussed then, but when talking to the City Council and developers, it was added to the proposed program but noted that if the commission would like it brought back, it can be discussed at the May Planning and Zoning Commission meeting which will be before the May 15th Public Hearing. V. New Business A. Plats 1. Request by CJ's Construction on behalf of Hope M. Anderson for the Final Plat of Paradise Estates 1st Addition, a 64-lot residential subdivision in the "R-1" One and Two Family Residence District located adjacent to 5643 Kimball Avenue. Schroeder read the staff report recommending approval of the request with the following condition: That the final plat is updated with all required information prior to the plat being sent to the City Council. Page 185 of 425 Planning and Zoning Commission April 11, 2023 Serfling asked if the preliminary plat had come before the commission in 2018 and if this final plat was the same as the preliminary plat to which Schroeder responded that it is substantially alike, but there were some minor changes, but the preliminary plat was included in the packet but the main change is some minor tweaking of lot lines in the Moonlight Ridge area. Wilber asked that in addition to the drainage report what else is needed for the plat to go to the City Council to which Schroeder responded an updated Deed of Dedication which a draft one was presented and is substantially complete and just needed a few tweaks like a reference to the Black Hawk County Soil & Water Conservation Commission, the reference to a neighborhood association that needs to be changed to the homeowner's association. Trost asked for confirmation that those items would need to be submitted and accepted before it would be sent to the City Council. Schoborg noted in the last meeting there was a discussion of a sidewalk that was not showing to which Schroeder responded as per the Preliminary Plat and Deed of Dedication there will need to be sidewalks on all street frontages including Kimball Avenue and Orange Avenue. There was also discussion about a bike trail and where and when that might be considered. Parrish asked for confirmation that there would be sidewalk access to the school and it would be along Kimball to which Schroeder stated yes but also the developer and the school district are working on an agreement for the school district to buy a lot and use it as a bus lane and that would also have a sidewalk along it. Parrish asked what guarantee there is that the bus lane will be done, to which Schroeder responded that it is not being required that they do the bus lane, but the school district is showing an interest in it, and the developer is showing an acceptance of selling one of the lots. Trost asked for clarification that there is something documenting that sidewalks will be installed along Kimball Avenue and Orange Road, to which Schroeder responded that it is in the Deed of Dedication. Anderson noted that in the Preliminary Plat, there is also a connection to the school along proposed Wall Street just north of Litchy, which the developer is working with the school district on and will be included in a future addition. Wilber noted that in the previous meeting that the concerns about water pressure were brought up and asked if it was the city that was saying that the additional homes would not affect water pressure or it was the developer, to which Schroeder responded that the Waterworks consulting engineer stated that but they do know there is an issue in the area, have identified the causes of the issue, and are working on long term solutions. Parrish asked if the only two access points for the entire neighborhood would be from Paradise at Kimball and Lichty and Kimball, to which Schroeder responded that Lichty is not included in this phase, so it will only be Paradise at Kimball and temporary emergency access off of the Moonlight Ridge Cul De Sac, until additional connections are made with future phases. Cory Hodapp, CJ's Construction, stated that there had been a lot of discussion with the neighbors and many items have been discussed but stated he was available to answer questions but felt that staff summed it up well. -2 Page 186 of 425 Planning and Zoning Commission April 11, 2023 Parrish stated that some of the residents had expressed concerns about the density of the development with smaller homes than the current Orange neighborhood and asked if the developer looked to make some of the homes a little larger, to which Hodapp answered that the current homes would be priced between $350,000 to $500,000 so while smaller they are higher end homes and that is the trend today and if you built them larger people would not be able to afford them with the lots going for between $70,000 and $100,000. Anderson noted that this had been a topic of discussion, such as when the last two Audubon subdivisions. Back in the 1960s and 1970s homes were largely ranches with garages on the ends, but today they incorporate the garage as part of the structure. Mike Henning, 138 Sidehill Drive, stated that the sidewalk on Kimball should be fine, but he noted he had a neighbor complain about the water pressure. Stated that Buzz Anderson stated that as part of the Deed of Dedication that the new homes would be required to have a $2500 water pressure booster until the city got something accomplished. Henning also noted that the Deed of Dedication still lists the County Soil & Water Conservation Board wrong, so how can the Commission approve this if there is errors in the Deed of Dedication to which Wilber responded that the Commission can with the condition that it gets finalized before being sent to City Council. Finally, Henning has concerns that Paradise Boulevard has 13' drive lanes that would not allow one car to pass another, and the lanes should have to be 17'. Hodapp stated he didn't know how to answer some of the statements, but he knows that as soon as the development gets approved, Waterworks is going to be expediting the project to boost the water pressure in the area, and individual homes are not going to want to have booster pumps. Hodapp stated that the Deed of Dedication should be fine and only needs Buzz Anderson to sign off on it. Wilber asked about the drainage plan to which Hodapp stated that the engineer was working on the final numbers and was hoping to have it done before the meeting but should have it done in the next couple of days. Wilber asked if there was any response to the concern about Paradise Boulevard being 13' wide, to which Hodapp stated that the road size meets specifications and is done in a lot of locations, so he does not have anything to say about it. Leistikow asked if the city would be responsible for collecting or controlling the money from the homeowners association, to which Hodapp said no. Discussion about the differences between the words "homeowners association" and "neighborhood association." Knutson stated that Neighborhood Associations are defined and recognized by the City of Waterloo and the Homeowners Association is what each person who buys a lot will be required to be a part of. Barbara Henning, 138 Sidehill Drive, expressed concern about the narrow lanes on Paradise Boulevard, such as when parents are picking up their children at Orange School or when the garbage trucks are picking up trash, and the cars on Kimball will be stuck behind them or a moving truck, to which Anderson stated that few streets in the city are designed to avoid conflict with garage trucks and moving trucks. -3 Page 187 of 425 Planning and Zoning Commission April 11, 2023 Trost asked if there was an issue with traffic when the school first opened with private cars and buses, to which Mike Henning responded it was a huge issue, and Wilber explained how it had taken some time to work with the school and the parents to work out solutions to cars coming to the school. Mike Henning further noted that a Homeowners Association is something you have to buy into but a neighborhood association is voluntary. Hodapp emphasized that the streets in the development would meet all standards and could hold a semi - truck, and the development with the bus lane will help traffic because school buses will no longer be coming out on Kimball. Bob Manning, Cedar Valley Home Builders Association, stated that when it comes to how fast the homes will sell, the National Home Builders Association has a statistic that shows Waterloo is in strong need and demand for new housing and noted that the City of Cedar Falls has run out of lots and the timing perfect for a Waterloo development. He further noted that both MercyOne and VGM are excited about this development for their employees. With the demand noted, this development could sell more than 21 lots yearly and maybe even surprise everyone. Parrish stated that she does not want people to think the Commission does not want this project, but it is the job of the Commissioners to make sure the development is thought through and not creating problems for the current residents. Trost asked the reason behind tabling the item the last time to which Shirk responded that the Commission was about to lose its quorum. Leistikow stated that he believes the 13' lanes on Paradise Boulevard were designed to slow traffic down, and with the school in the vicinity, feels it is a really good design, there has been a lot of discussions, but it is important to get it right. Trost offered an amendment to the motion requiring the drainage report to be submitted. It was moved by Schoborg and seconded by Leistikow to recommend approval the request by CJ's Construction on behalf of Hope M. Anderson for the Final Plat of Paradise Estates Pt Addition, a 64- lot residential subdivision in the "R-1" One and Two Family Residence District located adjacent to 5643 Kimball Avenue with the following conditions: That the final plat is updated with all required information prior to the plat being sent to the City Council, that the Deed of Dedication is updated to read Homeowners Association in lieu of Neighborhood Association, and the drainage report is submitted. Motion carried unanimously. B. Vacate 1. Request by Nihad Masic to vacate approximately 1,428 square feet of city -owned alley right-of- way in the "M-1" Light Industrial District located southeast of 312 Kothe Street. Blank read the staff report recommending approval of the request with the following conditions: 1) that an easement may be retained for the overhead electric line within the vacated area; and 2) that the gravel driveway and other gravel areas not shown in the site plan be removed. Trost asked for clarification on what is paved and not on the site plan to which Blank went over. Scott Sobel, attorney for the applicant, noted that the applicant had submitted a plan that would be implemented shortly after the vacate is approved by the City Council. Sobel also stated that the applicant -4- Page 188 of 425 Planning and Zoning Commission April 11, 2023 has other applications in concerning the property but has planted flowers, and selling the applicant the lot will be a major improvement to the community as the area is older and appears to be in need of some revitalization, and this could be the first step in this revitalization. Wilber asked if the concerns about the stormwater basin had been addressed, to which Sobel answered he thought they had, and Knutson stated that as far as the site plan, it meets all the requirements and that the concern of staff was that the applicant would drive across the drainage way. It was moved by Parrish and seconded by Serfling to recommend approval the request by Nihad Masic to vacate approximately 1,428 square feet of city -owned alley right-of-way in the "M-1 "Light Industrial District located southeast of 312 Kothe Street subject to the following condition(s): 1) that an easement may be retained for the overhead electric line within the vacate area; and 2) that the gravel driveway and other gravel areas not shown in the site plan be removed. Motion carried unanimously. C. Encroachment Agreement 1. Request by 3-Stooges for an encroachment agreement to allow for the placement of a private storm sewer connection in the public right-of-way of Martin Road in the "M-2,P" Planned Industrial District located in front of 1370 Martin Road. Dornoff read the staff report recommending approval of the request. Trost asked for clarification on why this request is needed to which Knutson answered. that when the developer first submitted this site plan, they didn't have a need for these extra drains, but they needed to raise their site to allow for better truck access to docks, so they worked with Engineering to provide some inlets in order to collect some storm water that will come off the road and go through their site. It was moved by Parrish and seconded by Schoborg to recommend approval the request by 3-Stooges for an encroachment agreement to allow for the placement of a private storm sewer connection in the public right-of-way of Martin Road in the "M-2,P" Planned Industrial District located in front of 1370 Martin Road. Motion carried unanimously. D. Historic Nomination 1. Request by Iowa Heartland Habitat for Humanity to nominate 415 Walnut Street (former Walnut Baptist Church) as a Locally Designated Landmark. Blank read the staff report recommending approval of the request. Trost asked why this comes to the Planning Commission to which Dornoff responded that it is required by the Historic Ordinance, which was written to meet the requirements of the Department of Interior and State Certified Local Government requirements. Parrish stated she would abstain but noted that Iowa Heartland Habitat for Humanity was applying for a grant and this will help the project obtain grants and tax credits. Anderson went over what Iowa Heartland Habitat for Humanity has done for the neighborhood. -5 Page 189 of 425 Planning and Zoning Commission April 11, 2023 It was moved by Leistikow and seconded by Schoborg to recommend approval the request by Iowa Heartland Habitat for Humanity to nominate 415 Walnut Street (former Walnut Baptist Church) as a Locally Designated Landmark. Motion carried 7-0-1 (Parrish abstaining). VI. Discussion Schroeder reviewed a list of possible changes to the Zoning Ordinance and asked commissioners to review it and pick out their top priorities. Also, a discussion on possible special work session meetings to discuss the changes. Leistikow wants to address properties built in the 1940s that were still required to have sidewalks. Shirk feels that parking requirements need to be discussed. The next meeting of the Planning, Programming, and Zoning Commission will be on May 9, 2023. VII. Adjournment It was moved by Schoborg and seconded by Serfling to adjourn the meeting at 5:41pm. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II -6 Page 190 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Housing Authority Department June 5, 2023 AGENDA ITEM TITLE Waterloo Housing Authority Board minutes of May 15, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. WHA Board Meeting 5-15-2023 Page 191 of 425 WATERLOO HOUSING AUTHORITY, Governing Board Meeting Minutes Monday, May 15, 2023 at 4:45 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Grieder, Boesen, Nichols, Chiles, Feuss, Creighton -Smith The meeting was called to order at 4:45 p.m.by Chairperson Grieder. Motioned by Ray Feuss and seconded by Rob Nichols to approve the agenda and minutes of the March 20, 2023 meeting as proposed. Ayes: All — Motion Carried New Business Motioned by Rob Nichols, seconded by Dave Boesen for the approval and resolution to accept the FY2023 HUD Statement of Operating Budget and Expenditures for Ridgeway Towers Public Housing. Ayes: All — Motion Carried Motioned by Dave Boesen, seconded by Rob Nichols, to approve the travel request for Dana Jackson, Housing Inspector/Maintenance Supervisor to attend NSPIRE Inspection Protocol Training August 7 - 8, 2023 in the amount of $ 700.00. Ayes: All — Motion Carried Motioned by Ray Feuss, seconded by Rob Nichols, to approve the award of bid to Rafael Concrete in the Amount of $ 2,000.00 to replace 8 sidewalk panels at Ridgeway Towers Apartments. Ayes: All — Motion Carried Motioned by Rob Nichols, seconded by Dave Boesen to approve the award of bid to Matthias Landscaping in the amount of $19,798.77 for new rock beds, edging and drainage repair for Ridgeway Towers Apartments. Ayes All — Motion Carried Motioned by Dave Boesen, seconded by Rob Nichols to approve and place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Ayes: All — Motion Carried Motioned by Dave Boesen, seconded by Rob Nichols to adjourn the meeting at 4:50 p.m. Ayes: All — Motion Carried JD Page 192 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Division Manager Waste Management Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Motion approving Change Order No. 2 with Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for a net increase of $23,630.45, in conjunction with the FY 2023 CIP Pipelining Phase IVA3, Contract No. 1063, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Change Order No. 2 with Muncipal Pipe Tool Co. SUMMARY STATEMENT AND BACKGROUND INFORMATION Motion approving Change Order No. 2 with Municipal Pipe Tool Co. LLC, of Hudson, Iowa, for a net increase of $ 23,630.45, in conjunction with FY 2023 CIP Pipelining Phase IVA3 , Contract No. 1063, and authorizing the Mayor and City Clerk to execute said document. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 193 of 425 ATTACHMENTS 1. 1063 WAT CIPP PH IVA3 CO 02-FINAL REV01 Page 194 of 425 ,4=COM May 23, 2023 Mr. Jesse Gaherty Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa, 50702 Subject: FY 2023 CIP Pipelining Phase IVA3 Change Order No. 2 City of Waterloo, Iowa City Contract No. 1063 AECOM #60682318 Dear Mr. Gaherty: Attached is Change Order No. 2 for the FY 2023 CIP Pipelining Phase IVA3. AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax This change order is to add non-SRF work, as requested by City Staff, to make CIPP repairs in Service Area 13 on Wyoming. Service Area 13 is not included in the Phase III SRF IUP and, therefore, cannot be included in any SRF reimbursement. This work will be presented for payment separately from the SRF portion of this project. These segments are on the verge of collapse and need to be repaired before they deteriorate further and require complete replacement. AECOM has reviewed the work described in this change order. We recommend that the City of Waterloo approve Change Order No. 2 in the amount of $23,630.45 (non-SRF). The final contract amount of $1,010,539.90 (SRF) and $33,812.45 (non-SRF) brings the total contract to $1,044,352.35. That is a total increase to the contract of 2.34%. Yours sincerely, Christopher G. Oelkers, PE Enclosure: Change Order No. 2 Tabulation and Signature Form Municipal Pipe Tool Co. LLC Change Order No. 2 Estimate L:\DCS\Projects\WTR\60682318_CIPP_Ph_IVA3\600_Construction_Support\660_Change_Orders\CO NO. 2 - NON SRF\Wat CIPP PH IVA - Change Order No 2 LTR.docx Page 195 of 425 CHANGE ORDER NO. 2 Owner City of Waterloo Project FY 2023 CIP PIPELINING PHASE IVA3 Date: May 24, 2023 Owner's Contract No. 1063 Contractor: Municipal Pipe Tool Co. LLC SRF NON-SRF Date of Contact Start 6-J u 1-21 Contract Amount: $ 1,010,539.90 $ You are directed to make the following changes in the Contract Documents. Description: 301 WYOMING $ 23,630.45 TOTAL $ 23,630.45 ADDITION Reason for Change Order QUANTITY RECONCILIATION - See the attached AECOM Change Order No. 1 Tabulation CONTRACT PRICE SRF NON- SRF Original: $ 1,010,539.90 $ 1,010,539.90 $ - Previous C.O.s (ADD/DEDUCT) $ - $ - $ 10,182.00 This C.O. (ADD/DEDUCT) $ 23,630.45 $ 23,630.45 Contract Price with all approved $ 1,034,170.35 $ 1,010,539.90 $ 33,812.45 Total Change Orders: $ 23,630.45 2.34% Total CO % TOTAL $ 1,044,352.35 Original Completion Date: Revised Completion Date: CONTRACT TIME To Substantial Completion To Final Completion 6/23/2023 12/31/2023 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature) ACCEPTED: BY: ZW14 WCAAGItA_A-6Uk— Date May 24, 2023 Contractor (Authorized Signature) Date ACCEPTED: BY: May 24, 2023 AECOM Date AECOM 60682318 I 2 Project No. C.O. No. Page 196 of 425 MUNICIPAL PIPE TOOLF " We Protect the Environment" Quoted to: CITY OF WATERLOO CITY CLERK 715 MULBERRY ST WATERLOO, IA 50703 515 5TH STREET -- PO BOX 398 HUDSON, IOWA 50643 Phone: 319-988-4205 Fax: 319-988-3506 Fax: Quotation Quote Number: 5404 319-291-4571 Quote Date: May 10, 2023 Page: 1 Customer ID Good Thru Payment Terms Sales Rep WATERLcity 6/9/23 Net 15 Days Quantity Description Unit Price Extension 3.00 1.00 365.00 365.00 365.00 1.00 1.00 1.00 CIPP Quote for Wyoming aggregate pipe with holes and roots. TV, Clean, some root removal with 1ST robot - hourly CIPP Crew Mobilization - Lump sum CIPP line 8" Sanitary Sewer per linear foot Pull tape installed on CIPP liner for this install to keep liner in pipe and not travel up in holes. - LF Preliner if needed for install - LF Lateral Reinstatements - each (to be confirmed with the City before install) Access, water and debris location provided by general/city close to jobsite. We provide cones and work ahead signs only. Bonds not included. MPT will provide traffic cones and road work ahead signs only. Flaggers 575.00 3,750.00 32.50 10.50 6.33 150.00 1,725.00 3,750.00 11,862.50 3,832.50 2,310.45 150.00 If our equipment become lodged during attempts to perform duties specified by customer, all costs for removal and replacement of equipment will be the customers. Quantities shown are estimated and not guaranteed; they are solely for establishing the initial unit price for the services listed above. Final charges will be based on actual quantities. Subtotal Sales Tax Freight Continued Continued Total Continued ACCEPTED BY: Signature Title Date Scheduling Contact Person: Phone #: Cell Page 197 of 425 MUNICIPAL PIPE TOOLF " We Protect the Environment" Quoted to: CITY OF WATERLOO CITY CLERK 715 MULBERRY ST WATERLOO, IA 50703 515 5TH STREET -- PO BOX 398 HUDSON, IOWA 50643 Phone: 319-988-4205 Fax: 319-988-3506 Fax: Quotation Quote Number: 5404 319-291-4571 Quote Date: May 10, 2023 Page: 2 Customer ID Good Thru Payment Terms Sales Rep WATERLcity 6/9/23 Net 15 Days Quantity Description Unit Price Extension and other traffic control provided by General. RR ROW insurance, flaggers and permit are not included. If they are needed, please send information on railroad and contact person so we can quote it. If our equipment become lodged during attempts to perform duties specified by customer, all costs for removal and replacement of equipment will be the customers. Quantities shown are estimated and not guaranteed; they are solely for establishing the initial unit price for the services listed above. Final charges will be based on actual quantities. Subtotal Sales Tax Freight 23, 630.45 Total 23,630.45 ACCEPTED BY: Signature Title Date Scheduling Contact Person: Phone #: Cell Page 198 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Police Department June 5, 2023 AGENDA ITEM TITLE Motion approving appointment of Andrea Lynn and Cristian Rincon from the current Civil Service List to the position of Clerk II in the Police Department, effective June 12, 2023, pending pre -employment physical and drug testing. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. CLERK II DESCRIPTION 15 2. Police - Clerk II -Records 3.2023 Page 199 of 425 3. CLERK II (exp 5.24) Page 200 of 425 CLERK II DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT CLERK' OFFICE/ POLICE/ ENGINEERING/WASTE MGMT NON-EXEMPT INCLUDED TEAMSTERS LOCAL #238 GENERAL STATEMENT OF DUTIES Staff support position responsible for performing a variety of difficult clerical tasks within one of the above departments requiring the use of independent judgement. The work is performed under the general direction of a department head or designee. May direct the work of lower level clerical or temporary employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Performs data entry, types correspondence, reports and statistical data. 2. Collects and compiles manually and through computerized system. statistical data the use of a 3. Greets the public and answers incoming department phone calls as needed and provides information based on knowledge of department and City policies, regulations and procedures or directs call to proper person. 4. Performs minor bookkeeping and financial record keeping. 5. Collects fees and revenues, prepares receipts and maintains records of revenue/expense transactions. 6. May schedule and assign tasks to subordinate clerks and review their work for accuracy. 7. May prepare and input payroll data and other financial information. 8. May perform accounts receivable, accounts payable or banking functions. 8. Operates personal computer, typewriter, calculator, fax machine and other general office equipment. 9. May interpret technical data, review materials on a variety of projects and present facts and findings clearly and concisely to a supervisor, coworkers, City officials and the public. 10. May prepare written reports, complete forms and keep files up-to-date. 11. Communicates with the public, City officials and coworkers by telephone and in person. 12. Works under strict time constraints and stressful conditions. 13. Works independently and with others with limited supervision. 14. Attends work regularly at the designated place and time. 15. Performs all work duties and activities in accordance with City, depatliuent and OSHA policies, procedures and safety rules. 16. Performs other duties as assigned by a supervisor or designee. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of Microsoft Office software, in particular Word and Excel (testing of skills will be done). 2. Thorough knowledge of clerical functions, office procedures, terminology and equipment including personal computer. 3. Ability to type fifty (50) words per minute net of errors (verification of typing speed Page 201 of 425 required). 4. Ability to perform general office services, learn specialized computer software, develop computer -generated reports and keep accurate, thorough and updated records. 5. Ability to collect, analyze and present data from computerized reports in organized and understandable form. 6. Ability to answer questions and provide information to the public in person and over the telephone in a clear, concise and easily understandable manner. 7. Ability to write legibly, prioritize work, produce a quality work product within strict time lines and handle multiple tasks. 8. Ability to work independently and with others with minimum supervision and to direct the work of other employees. 9. Ability to exercise independent judgment and to make decisions based on department policies, City ordinances and established regulations. 10. Ability to establish and maintain effective working relationships with supervisors, coworkers and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED with minimum one year business clerical, secretarial, bookkeeping or other closely related experience in an office setting; prefer additional education beyond high school in business clerical, accounting or closely related field. OR Any equivalent combination of experience and education that provides the knowledge, skills and abilities necessary to perform the work. 2. Skilled in use of personal computer and Microsoft Office software (verification of skills through testing arranged by the City of Waterloo Human Resources Office). ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to communicate effectively with supervisors, other employees and the public in person or by telephone. 2. Sufficient vision and manual dexterity that permits the employee to operate a personal computer and other standard office equipment, handle files, perform customer service duties and other clerical responsibilities. 3. Sufficient personal mobility that permits the employee to move from one work area to another. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including a review of past employers and references. 2. Required to submit to and pass Civil Service written and oral examinations, as specified in job notice. 3. If position is filled as a promotional appointment, any regular employee who meets the minimum qualifications is eligible to apply for the position. WORK SCHEDULE Generally 8:00 a.m. to 5:00 p.m. Monday through Friday with one hour unpaid lunch, although hours may vary depending on depai tment, with earliest starting time 7:00 a.m. The City of Waterloo reserves the right to change these hours within the guidelines of the Teamsters contract. Occasional overtime. CLERK II DESCRIPTION 15 July 2015 Page 202 of 425 PERSONNEL REQUISITION FORM Check as applicable: X To start recruiting or civil service process and/or Civil Service List Expires: No current list A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ® to fill a vacancy El Active **x*xxx***********x*xxxxxx*xx xxxac**xxx-re**11xxiexirie**********ieiea4>ti** tie:******************************** Position Title; Clerk (Records Clerk) Department: Waterloo Police Department Reports To: Police Chief Work Location: City of Waterloo Employment Status: ® Regular Full Time ❑ Regular Part Time ❑ Regular 7-Month Type of Position: Civil Service Position; ® Yes Bargaining Position: ® Yes Non -bargaining Position: ❑ Yes Bargaining Group: TEAMSTERS ❑ No ❑ No ❑ No Temporary Full Time from to Temporary Part Time from to Intern/Co-op Student from to Complete the following if the requisition is to fill a vacancy; Recommended Recruitment Sources: Internal Posting Only Internal Posting and External Advertising PS ❑ New Position or 1( Replacement Position for: Angie Hereid (Specify name of former incumbent) If replacement, former incumbent: nRetired/Resigned/Terminated Transferred Xn Promoted Date incumbent terminated employment/final payout: No pay out due to her moving into another city position, Anticipated start date: 4/24/2023 No. of hours/week: 40 Work schedule: 5/2 Annual salary requirements: $51,833.60 is position budgeted for this and future FYs? ® Yes ❑ No Hilo, how will position be funded? Justification of need for position: On 3/2/23 Angie Hereid passed the interview process for the Clerk Tech Position within the department. Hereid was the one and only qualified applicant for this position. This will leave one vacancy in our records division. This division is responsible for records management, case management and reporting for every case the police department works. This is a vital role that needs to be filled as soon as possible, The department is funded for four (4) positions. What are the likely consequences if the position is not filled? The duties would fall on the only TWO Clerks working in records and cause mandatory overtime and possible burn out. APPROVALS Approved subject to the following conditions: Submitting Department Head : or 3./tP7 Date 03/10/2023 10:16 PM EST Chief Financial Officer Date Qo/e,o '9/orl 03/10/2023 04'.02 PM EST Mayor Date 03/10/2023 10:11 PM EST Hunan Resources Director Date RA41 Feu.55 03/13/2023 10:45 AM EDT Page 203 of 425 PERSONNEL REQUISITION (Records Clerk) The following questions are provided as guidelines to assist you in developing your rational for the position of Clerk (Records Division) in the Police Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? The Records Clerks ensure all data gathered from the officers is entered correctly in the Records Management System and meets all State and Federal IBR Requirements. They have primary triage responsibility at the front counter to fulfill the general public requests and ensure that all documentation is transferred to the Black Hawk County Attorneys office and the IDOT. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No — We don't have other civilian staff that can perform this function. (3) How is the work of this position being accomplished now? We currently have 1 Records Clerk that is doing what she can but due to the volume that is required she will not be able to fulfill these expectations by herself. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, this is a position that requires a full time employee. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is critical to the Police Department in order to meet the State and FBI reporting needs and the needs of the public. They have to be certified in the National Crime Information Center (NCIC) system, which is a computerized index of Criminal Justice Information. The amount of training required would be too intensive to have it be a rotational position. (6) What cost savings or revenues, if any, would your department or the City realizes if this position is filled? Until these 2 positions are filled, we will incur overtime costs to keep up with the volume that exists. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? With 3 Records Clerks we have not had to incur any overtime. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide Page 204 of 425 (9) statistics if possible, This position has been funded for several years. This request is to get us back to 3 Records Clerks, If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. We have set deadlines in which data has to be submitted to the State and FBI, We are also required by the Black Hawk County Attorney's office to meet their deadlines for prosecution. If we don't fill these 2 positions, we will not be able to meet either deadline which will have severe consequences, (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The other Records Clerks cover during the time when someone is gone. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No, These positions require certification through NCIC and in order to become fully certified in NCIC you have to be a law enforcement employee. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is a high priority. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Meets the goals and objectives of the department, city and of Iowa Code. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 205 of 425 CLERK II DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT CLERK' OFFICE/ POLICE/ ENGINEERING/WASTE MGMT NON-EXEMPT INCLUDED TEAMSTERS LOCAL #238 GENERAL STATEMENT OF DUTIES Staff support position responsible for performing a variety of difficult clerical tasks within one of the above departments requiring the use of independent judgement. The work is performed under the general direction of a department head or designee. May direct the work of lower level clerical or temporary employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Performs data entry, types correspondence, reports and statistical data. 2. Collects and compiles manually and through computerized system, statistical data the use of a 3. Greets the public and answers incoming department phone calls as needed and provides information based on knowledge of department and City policies, regulations and procedures or directs call to proper person. 4. Performs minor bookkeeping and financial record keeping. 5. Collects fees and revenues, prepares receipts and maintains records of revenue/expense transactions. 6. May schedule and assign tasks to subordinate clerks and review their work for accuracy, 7. May prepare and input payroll data and other financial information. 8. May perform accounts receivable, accounts payable or banking functions. 8. Operates personal computer, typewriter, calculator, fax machine and other general office equipment. 9. May interpret technical data, review materials on a variety of projects and present facts and findings clearly and concisely to a supervisor, coworkers, City officials and the public. 10. May prepare written reports, complete forms and keep files up-to-date. 11. Communicates with the public, City officials and coworkers by telephone and in person. 12, Works under strict time constraints and stressful conditions, 13, Works independently and with others with limited supervision. 14. Attends work regularly at the designated place and time. 15. Performs all work duties and activities in accordance with City, department and OSHA policies, procedures and safety rules. 16. Performs other duties as assigned by a supervisor or designee. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of Microsoft Office software, in particular Word and Excel (testing of skills will be done). 2, Thorough knowledge of clerical functions, office procedures, terminology and equipment including personal computer. 3. Ability to type fifty (50) words per minute net of errors (verification of typing speed Page 206 of 425 required). 4. Ability to perform general office services, learn specialized computer software, develop computer -generated reports and keep accurate, thorough and updated records. 5. Ability to collect, analyze and present data from computerized reports in organized and understandable form. 6. Ability to answer questions and provide information to the public in person and over the telephone in a clear, concise and easily understandable manner. 7. Ability to write legibly, prioritize work, produce a quality work product within strict time lines and handle multiple tasks. 8. Ability to work independently and with others with minimum supervision and to direct the work of other employees. 9. Ability to exercise independent judgment and to make decisions based on department policies, City ordinances and established regulations. 10. Ability to establish and maintain effective working relationships with supervisors, coworkers and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED with minimum one year business clerical, secretarial, bookkeeping or other closely related experience in an office setting; prefer additional education beyond high school in business clerical, accounting or closely related field. OR Any equivalent combination of experience and education that provides the knowledge, skills and abilities necessary to perform the work. 2. Skilled in use of personal computer and Microsoft Office software (verification of skills through testing arranged by the City of Waterloo Human Resources Office). ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without acconunodation. 1. Sufficient speech and hearing that permits the employee to communicate effectively with supervisors, other employees and the public in person or by telephone. 2. Sufficient vision and manual dexterity that permits the employee to operate a personal computer and other standard office equipment, handle files, perform customer service duties and other clerical responsibilities. 3. Sufficient personal mobility that permits the employee to move from one work area to another. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including a review of past employers and references. 2. Required to submit to and pass Civil Service written and oral examinations, as specified in job notice. 3. If position is filled as a promotional appointment, any regular employee who meets the minimum qualifications is eligible to apply for the position. WORK SCHEDULE Generally 8:00 a.m. to 5:00 p.m, Monday through Friday with one hour unpaid lunch, although hours may vary depending on department, with earliest starting time 7:00 a.m. The City of Waterloo reserves the right to change these hours within the guidelines of the Teamsters contract. Occasional overtime. CLERK II DESCRIPTION 15 July 2015 Page 207 of 425 CITY OF %VfATERLOO March 17, 2023 IOWA Community of Opportunity TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4303 L. Fax: (319) 291-4569 CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Clerk II for the City of Waterloo. This list shall be used to fill any vacancy in the Clerk II classification from May 19, 2023 — May 19, 2024. Respectfully submitted, Bee 4wd Dr. Bev Smith CERTIFIED LIST Andrea Lynn Yesenia Carrillo Cristian Garcia Rincon Admira Saric Jill McQuillan Shellie Crisman Eldina Musedinovic Shannon Steimel Melissa McNeal Trisha Ambrose 05/19/2023 06.45 PM EDT Date Dr. Robert Welch Date 05/19/2023 111aronne Kurt0 th0Ch 07:49 PM EDT Marianne Kurtnebach Date CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Director Human Resources Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Communication from the Library Department on the notice of the conclusion of employment of Annette Wilson, Library Assistant, effective May 18, 2023, with the recommendation of approval of payout of $5,191.36 for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Wilson Payout 6-5-2023 Page 209 of 425 Page 210 of 425 ATEPIL.001 CITY HALL 716 MULBERRY STREET 507n3 Today's Effective Employment Date: To; City Council Members Re: Notice of Seve►ence dePartment Job TitleICiassIflcation This is to repad that the employment of with the City of Water kaa hag been severed by n In ac ordance with Cltj Policy, it Fs reRtiesteit to alloew i Y Routing: Original to Human Resources byDepartmar Human Resources will forward original to Cily Clerk (Copy In Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Data: v Ci Accruals DStatus Q.g 2/2023 812023 t?/1998 Page 211 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Director Human Resources Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Communication from the Police Department on the notice of the conclusion of employment of Daniel Calzadillas, Police Officer, effective April 28, 2023, with the recommendation of approval of payout of $273.70 for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Calzadillas Payout 6-5-2023 Page 212 of 425 Page 213 of 425 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 5/15/2023 Effective Date: 4/28/2023 Employment Date: 3/27/2023 To: City Council Members Re: Notice of Severance Department POLICE Job Title/Classification Police Officer This is to report that the employment of Daniel Calzadillas with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related El No ❑ Yes O Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Current 0.00 $31.28 $ - Vacation -Accrued 8.00 $31.28 $ 250.24 Usable Sick Leave 0.00 $31 28 (x) 25% $ - Personal Hours (comp) 0.75 $31 28 $ 23.46 Unscheduled Leave 0.00 $31 28 $ - Casual 0.00 $31.28 $ - Other Pay $31.28 Total Payment $ 273.70 Approved by Human Resources Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward approved form to Department Council Agenda Date: ❑ AS/400 Status/Accruals ❑ 1-9 Date Date 5 /i / 2fit2 Page 214 of 425 Signature Rev 02)20/2020 OTY OF L_t/ VJ TERLOO CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: G‘/-2'7/-1 I)is 3 I, &I(-r/ 5 7 etcNl, , request to be appointed to (state preference): (Name)! 1. EOM PL'77c" dr/eof 4 vis v 2 2. Home Phone: - Cell Phone: 3/9 3 9 - k '97 Work Phone: N1/44 Email Address em 470te,u6.6—O.7.,/eo/rm Home Address Sa Gv, 312-4 Zip Code SD7D / EmployerRer/bra - P,4rzr- 77ole /6v/.ram J,-t Title de 7 <Lie Erz Employer Address Zip Code 5 70 / How long have you resided in Waterloo? `fii yrs Email address: Cm Yc'tutlt . 66 79') G/rl.$ft . eon List current membership in organizationsio�and offices held: 0115/1-er VALLI-Fy d/e e-c.E L.o44.1 <i /vc - Seek ie/0y Bc-J4-X-A `k DOd/nhn( Tree • )0-W a 043 CI ex- �Oav//fi-s/774->'cd2NuAinN/ry /�je/61-/Bda/i eb Li feei//E/iram am available for meetings:®A.M. P.M.©Noon QEvenings am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: RECEIVED APR 2 7 2023 Briefly explain your qualifications for appointment to a designated Board/Commission: MD/77/r d1v,v A-A-)/J .L oN6 rime kiSrhEAli ge yeL& Rioeft INGL cc.Jitiil ,-465eA/ S Additional information and comments that may not be evident from information already on this form: div4 ve B,L EN /2 / b'NCa /71 v .8i t D y f1-0 .57-iee,TS 144re,_,_ao/ec fot 6 dk/L 2 YEia- . 6Gta Whs" v e Liu 'the 0F/,54 ,CDD2hi/Jif roa- Pat f-`Gaicle i-1A. L b LIKt, TU 461 rig 13/L( /NGLab¢A /A] :r/z•fE-r ep,0STiL$C.r/dAd ?"..e. Ee-7S References (include phone numbers):'RI- //eOi4 /SSE y - 3/9 ' 01-W /76a , ` £ e r ac-JEsste a yduNG -$/9 •soV• s"7 ,'/y7I dry✓Fa;oN -3/9'.23/ • ev6c' /%N e ,ices, - PP-- S/' G/o ,a43Y1A4wo /eOLG.- ? /Q 5. 81/6 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training session This applic , tion will remain valid and on file for one calendar year from above date. /0 or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayorAwaterloo-ia.orq; PHONE 291-4301 Page 215 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department June 5, 2023 AGENDA ITEM TITLE Liquor Licenses a. The American Legion, 728 Commercial St., Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Exp: 6/14/2024. b. Behar Bar, 312 W. 4th Street, Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Exp: 4/30/2024. c. Best Deals, 1459 Ansborough Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/14/2024. d. Casey's General Store #2427, 3035 Logan Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/14/2024. e. CVS Pharmacy #8546, 205 Franklin St., Class E Alcohol w/Sunday Sales, Renewal - Exp: 5/31/2024. f. Walgreens #7455, 111 Ridgeway Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/16/2024. g. Walgreens #10855, 1850 Logan Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/16/2024. h. The Iron Horse Saloon, 303 W. 4th St., Class C Alcohol w/Sunday Sales, New - Exp: 4/30/2024. i. Walgreens #3590, 3910 University Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/16/2024. j. Metro Mart #4, 2332 Falls Ave., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/30/2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 216 of 425 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 217 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department June 5, 2023 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 218 of 425 FY 2023 Greenbelt REAP Phase II Project, Contract No.1085 May 25, 2023 Bid Tab Estimate: Base Bid $219,145.83 Alternate Bid $13,000.00 Total Base & Alternate $232,145.83 Bidder Bid Security Bid Amount Vieth Construction Co Base Bid: $191,761.50 Cedar Falls, IA 5% Alternate: $22,500.00 Total: $214,261.50 Lodge Construction Base Bid: $229,210.00 Clarksville, IA o 5% Alternate: $31,500.00 Total: $260,710.00 Page 219 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Sale and conveyance of City property located at 217 Reed Street, in the amount of $11,000.00, to Kevin E. Rose and Michelle L. Rose, with a development agreement. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo obtained title to 217 Reed Street by 657A court action. The home was deemed to be in adequate condition that it could be rehabilitated, so the City of Waterloo sent out a Request for Proposals to over 20 individuals asking for proposals to purchase and rehabilitate the home. We received one proposal from Kevin and Michelle Rose, who propose to purchase the property for $11,000 and complete the rehabilitation of the home, with an estimated expense for the rehab of $46,300. NEIGHBORHOOD IMPACT This request will have a positive impact on the neighborhood by facilitating the rehabilitation of the home, which had been abandoned and become dilapidated. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 220 of 425 Lot No. Five (5) in Block No. Six (6) in East Park Place in the City of Waterloo, Iowa. ATTACHMENTS 1. 217 Reed St Development Agreement 2. 217 Reed St Proposal Kevin and Michelle Rose 3. 217 Reed St Proposal suplamental info Page 221 of 425 Preparer: Christopher S. Wendland. P.O. Box 596, Waterloo. Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of I'3'I c.- / 7 , 2023, by and between Kevin E. Rose and Michelle L. Rose (collectively, "Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer is willing and able to finance and rehabilitate an existing property located at 217 Reed Street, Waterloo, Iowa (the "Property"), legally described as set forth on Exhibit "A" attached hereto. B. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that rehabilitation of the Property is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of $11,000.00 (the "Purchase Price"), of which $1,000.00 shall be paid in certified funds to City to be held in trust as earnest money and applied at closing to the Purchase Price. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey Page 222 of 425 title to Developer until Developer delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Developer agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Developer shall rehabilitate the existing structure(s) on the Property for single-family residential purposes and make other improvements to the buildings and grounds (collectively, the "Improvements"). Improvements are generally described on Exhibit "B" attached hereto. The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all other work to make the project site usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to cause the Project to be undertaken and to rehabilitate the Property in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Developer, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin construction of the Improvements within six (6) months from the date of that it receives title to the Property from City (the "Project Start Date"), and Substantially Complete rehabilitation within fourteen (14) months thereafter (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the rehabilitation Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. If Developer does not Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 13, and City shall then have no further obligation under this Agreement. In any circumstance where Developer's progress on the Project fails to 2 Page 223 of 425 meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Developer shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney -in -fact. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Developer's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Reserved. 6. Utilities. Developer will be responsible for obtaining or extending water, sewer, telephone, electricity, gas and other utility services to any location on the Project Site and for payment of any associated connection fees and costs of usage after the date of conveyance from City. 3 Page 224 of 425 7. Additional City Incentives. In addition to the other incentives provided by City to Developer under this Agreement, City agrees to provide the following assistance to facilitate the Project: A. Partial Purchase Price Refund. Within thirty (30) days after Developer has Substantially Completed the Improvements and has obtain final inspection on all permits obtained for the Project, City will refund $5,000.00 of the Purchase Price to Developer. B. Grant. Concurrently with partial refund of the Purchase Price pursuant to paragraph A above, City will make a $5,000.00 infill housing incentive grant to Developer. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's completion of the Improvements and of which Developer notifies City before Developer executes any such mortgage. Developer may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 9. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. This Agreement has been duly and validly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Developer that is enforceable in accordance with its 4 Page 225 of 425 terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. B. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. C. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the rehabilitation Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. E. Developer (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a 5 Page 226 of 425 bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. 13. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Developer before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Developer that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 14. Indemnification. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project site or 6 Page 227 of 425 resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of. Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. Notices.. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at 300 Blowers Avenue, Waterloo, Iowa 50703. 7 Page 228 of 425 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (li) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 8 Page 229 of 425 _ 4:', 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DEVELOPER By: Cf(e) Quentin M. Hart, Mayor Kevin E. Rose Attest: OellezZoK6we: Kelley Felchle, City Clerk Michelle L. Rose 9 Page 230 of 425 EXHIBIT "A" Legal Description of Property Lot No. Five (5) in Block No. Six (6) in East Park Place in the City of Waterloo, Iowa. Page 231 of 425 EXHIBIT "B" Description of Improvements Page 232 of 425 Rose painting INC. DBA KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name / Address Kevin and Shelley hose 300 Blowers Ave Waterloo la 30703 Estimate Date Estimate # 4/14/2023 183 ' Project Description Qty Cost Total 217 Reed St. Waterloo, We will refurbish this house for resale. Starling with tearing oft' existing roof and replacing any rotted sections as necessary. We will apply new edging, ice barrier, underlayment and top It off with new vents and asphalt architectural shingles. Owens corning material. Wo will remove all interior debris including loose and falling plaster , carpet and wood flooring , appliances. Second floor area corn board wall finish to be removed and any insulation in attic areas removed. Continuing with cleaning dusting washing, mopping and air purifiers running. we will treat any mold spots, or remove affected areas. We will remove trees growing around foundation, rake the yard and re -seed for healthy lawn. We will replace existing rotting shed with new maintenance free assembly by Suncast from menards. We will replace exisling windows with (Heartland) energy windows, with grills inside glass to mimic existing. interior dark stale to match and white exterior. One interior window trim to be replaced that matches existing. We will replace any broken or missing gutters , siding and soffit pieces. including overhead garage door frame. Plumbing allowance however some plumbing has been updated already the water heater needs replaced along with kitchen sink and faucet. Replace bathroom .tub drain as this is an old lead trap. Estimate included Eleclrlcal all new light fixtures throughout , smoke alarms brought up to code. estimate included. Insulation, we will replace missing Insulation with faced bait rolls and blow in insulation attic areas 2,500.00 0.00 0.00 100.00 1,200.00 3,300.00 250.00 2,100.00 30,000.00 500.00 2,500.00T 0.00T O.00T 100.00T 1,200.00T 3,300.00T 250.00T 2,100.00T 30,000.00T 500.00T Subtotal Sales Tax (0.0%) Total Page 1 Page 233 of 425 Rose painting INC. DBA KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name ! Address Kevin and Shelley Rose 300 Blowers Ave Waterloo Ia 50703 Estimate Date Estimate # 4/14/2023 183 Project Description Qty Cost Total Install sheet rock on areas to be repaired , some ceilings to have full overlay. 2nd floor to be sheet rocked . tape and mudd all walls and ceilings, sand smooth for new spray texture. We will spray prime and paint 2 coats finish on ceiling and walls throughout including garage and basement. (Note basement walls to receive waterproofing paint.). All cabinets and woodwork 10 be lightly stained, seated and 2 coats of urethane applied. all material products by Pittsburgh paints. Install all new flooring- Carpet and pad in all bedrooms and steps. Kitchen bath, living room and hallway 10 be LVL glue down flooring. Install new baseboards to match original Replace front steps with new pre cast concrete steps Re use existing railing. Garage walk in door to be replaced with new steel insulated Building permit 1,000.00 1,000.00 2,500.00 1,100.00 250.00 500.00 0.00 1,000.00T 1,000.00T 2,500.00T 1,100.00T 250,OOT 500.00T 0.00T Subtotal $46,300.00 Sales Tax (0.0%) woo Total $46,300.00 Page 2 Page 234 of 425 City of Waterloo Property Offer to Bid Form Property to be bid upon: 217 Reed Street Name(s) in which property would be transferred: r\ gcsdt cuvt ckd Transfer Form: (AM C MrvA00 (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: \AV) P\ OS Address of bidder: 3 0 [31 W er_S fi cA4e- 6) 70 3 Phone & e-mail of bidder: 3O //0 / Adf 5e 6.0)15)-1,- ack 01 a 9 vi,cti c-c My offer for this property is: $ Minimum bid of $5,000. Proposals less than minimum will not be considered $1,000.00 earnest fee required. Indicate certified check or money order: C (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: -11-0-CAVICI e4iv\-0-1-e _Cy -tot\ 'OA 7)-1-Y5 01, PA1 e,,h jj' ht. ill. )e.0Y 6e, Furthermore, I understand the zoning designation of the property and, understand the zoning and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of fourteen (14) months and other development provisions. Signature of applicant/proposer * Please Place this sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid. Page 235 of 425 Rose painting INC. DBA Estimate KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name / Address Kevin and Shelley Rose 300 Blowers Ave Waterloo la 50703 Date Estimate # 4/14/2023 183 Project Description Qty Cost Total 217 Reed St. Waterloo, We will refurbish this house for resale. 2,500.00 2,500.00T Starting with tearing off existing roof and replacing any rotted sections as necessary. We will apply new edging, ice barrier, underlayment and top it off with new vents and asphalt architectural shingles. Owens corning material. We will remove all interior debris including loose and falling plaster 0.00 0.00T , carpet and wood flooring , appliances. Second floor area corn board wall finish to be removed and any insulation in attic areas removed. Continuing with cleaning dusting washing, mopping and air purifiers running. we will treat any mold spots, or remove affected areas. 0.00 0.00T We will remove trees growing around foundation, rake the yard and re -seed for healthy lawn. 100.00 100.00T We will replace existing rotting shed with new maintenance free assembly by Suncast from menards. 1,200.00 1,200.00T We will replace existing windows with (Heartland) energy windows, with grills inside glass to mimic existing. interior dark stain to match and white exterior. One interior window trim to be replaced that matches existing. 3,300.00 3,300.00T We will replace any broken or missing gutters , siding and soffit pieces. including overhead garage door frame. 250.00 250.00T Plumbing allowance however some plumbing has been updated already the water heater needs replaced along with kitchen sink and faucet. Replace bathroom .tub drain as this is an old lead trap. 2,100.00 2,100.00T Estimate included Electrical all new light fixtures throughout , smoke alarms brought up to code. estimate included. 30,000.00 30,000.00T Insulation , we will replace missing insulation with faced bait rolls and blow in insulation attic areas 500.00 500.00T Subtotal Sales Tax (0.0%) Total Page 1 Page 236 of 425 Rose painting INC. DBA Estimate KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name / Address Kevin and Shelley Rose 300 Blowers Ave Waterloo la 50703 Date Estimate # 4/14/2023 183 Project Description Qty Cost Total Install sheet rock on areas to be repaired , some ceilings to have full overlay. 2nd floor to be sheet rocked . tape and mudd all walls and ceilings, sand smooth for new spray texture. 1,000.00 1,000.00T We will spray prime and paint 2 coats finish on ceiling and walls throughout including garage and basement. (Note basement walls to receive waterproofing paint.). All cabinets and woodwork to be lightly stained, sealed and 2 coats of urethane applied. all material products by Pittsburgh paints. 1,000.00 1,000.00T Install all new flooring- Carpet and pad in all bedrooms and steps. 2,500.00 2,500.00T Kitchen bath, living room and hallway to be LVL glue down flooring. Install new baseboards to match original Replace front steps with new pre cast concrete steps Re use existing railing. 1,100.00 1,100.00T Garage walk in door to be replaced with new steel insulated 250.00 250.00T Building permit 500.00 500.00T 0.00 0.00T Subtotal $46,300.00 Sales Tax (0.0%) woo Total $46,300.00 Page 2 Page 237 of 425 217 Reed St. Waterloo 1 message Rick Foulk <rickf@cedarvalleyelectric.com> Tue, Apr 18, 2023 at 9:46 AM To: kevinroseconstruction@gmail.com <kevinroseconstruction@gmail.com> Kevin, I talked to Rick Dumler. A good budget number for service, bringing house up to code for electrical, etc. would be an allowance of $30,000.00. Actual work to be completed at time and material rates $131/hr. for 1-Journeyman and 1-Apprentice plus material. Thanks Rick Page 238 of 425 CURRAN PLUMBING INC. 314 Columbia Cr. Waterloo Iowa 50701 (319)-233-0353 Kevin Rose 300 Blowers Waterloo IA Job: 217 Reed April 19, 2023 Our price to provide and install the items on the attached page will be $2,033.82. The price includes labor, permits and material for the work. We require half of the estimate before beginning the work. If you have questions on this estimate please call me at 319-233-0353. Thank you, Rod Curran Curran Plumbing, Inc. Page 239 of 425 r-lFn 1 c.vcu I [..r�tai III I1 IIIF I IIIIII IIII II I1IIIIIIIIII II 319234U20b p.2 Quotation 614 MCDONALD SUPPLY WATERLOO 3310 UNIVERSITY. AVENUE WATERLOO IA 50701-2006 319-234-6853 Fax 319-433-3402 ()ME T0: CURRAN PLUMBING" 314 COLUMBIA CIRCLE WATERLOO, IA 50701-3032 TO 04/17/23 S018906305 OUOIED BY: Eta N.crionxtn SUPrLY WATTNWQ 1)16 UNIVERSITY AVENUE RAT°RLW IA 56701-2E66 319-234.6853 Fax 319-431-38e2 1 of 1 Printer! 10:26:14 17 APR 2023 SHIP TO: CURRAN PLUMBING 314 COLUMBIA CIRCLE WATERLOO, IA 50701-3032 319--233-0353 [HiQiO Ft112 ..: EOS!NM.PitAEHWpRElWPt G[iSTAlitR i2EsE_ I1Ei> : SAi.ESPEifSft{ .. ;. 217 REED ST HOUSE ACCT ..,„ _ . . Si#XP : T"A 1EXP1RitT10PFi [k4i Fii of .6LLO4if; Kristine Lubben OT OUR TRUCK 20 10TH PROX NET 25TH 06/01/23 Nv Qt€0 W( ', PA ' ;: 0Esc rPT2::::... •:. ::11ek kT .: ...::. ' .. .:Est PIE ; 21.7 ,REED REMODEL lea 1203030 RHEEM 641324 PROG40-38N--RH62 40GAL TALL CLASSIC NAT GAS 38KBTEJ WTR HTR TO 8400 ELEV NAECA III 6 YEAR TANK/PARTS 611/2H 19D lea 773270 DELTA 400-DST CHROME 1.8 GPM 414 CENTERSET DM SGL LEVER HDL KITCHEN FCT" lea 934167 DELTA 2523LF-MPU CHROME 1.2 GPM 3H 4 IN. CENTERSET DM DBL LEVER HDL BATH FCT W/ POP-UP DRAIN lea 399038 DELTA T13420 POL CHROME CLASSIC 1.75 GPM 3H WM SGL LEVER HDL MONITOR T&S TRIM WATERSENSE lea 411307 DELTA R10000-UNBX 1/2 UNIV MULTICHOICE T&S RGH VLV lea 4027 WATCO 500-LT-PVC-CP 10 TO 14-1/2X4-3/4 TO 7-1/2 POL CHROME PVC LIFT & TURN BATH W&O lea 731 MANSFLD 130 WHT ALTO 12RI RF TOILET BOWL lea 726 MANSFLD 160 WHT ALTO 1.6GPF LH TOILET TANK lea 986741 MAINLINE ML70000 WHT ROUND FRONT PLAS CLOSED FRONT TOILET SEAT W/ COVER & TOP TIGHTENING HINGE TAXES NOT INCLUDED Prices contained in this quote ate the prices in effect at the time of quctatton. and are subject to cnatge ac any tabe, We are not responsible tor inaccurate quantity descriptions. Quantities 5hctiid be checked against plans and specifications-Eor accuracy. Special. order material is non cancellable. We are not responsible for delays not within our control. Page 240 of 425 111 (.6 Page 241 of 425 • Page 242 of 425 Page 243 of 425 44A CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Division Manager Public Works Department AGENDA ITEM TITLE Street Department Seal Coat Program. RECOMMENDED COUNCIL ACTION Award Bid MEETING DATE June 5, 2023 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tabulation - Street Department Seal Coat Program Page 245 of 425 Seal Coating Program Bid Opening — 5/25/2023 Bidder Bid Amount Bituminous Materials & Supply LP Des Moines, IA PRODUCT QUANTITY UNIT PRICE TOTAL HFMS-2S 15,000 Gallons $2.63 $39,450.00 CRS-2P 70,000 Gallons $3.09 $216,300.00 CSS-1 DILUTE/4:1 38,000 Gallons $1.73 $65,740.00 Page 246 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Director Human Resources Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving five year Collective Bargaining Agreement with AFSCME Local 1195 Planners and Engineers with wage reopener in years four and five; AFSCME Local 1195 Police Lieutenants and Code Enforcement Officers with wage reopener in years four and five; Teamsters Local 238 with wage reopener in years four and five; Municipal Employees Local Union No.177; Communication Workers of America; Waterloo Police Protective Association with wage and insurance reopener in years four and five and International Association of Fire Fighters Local No. 66 with wage and insurance reopener in years four and five, and authorizing the Mayor and Human Resources Director to execute said documents. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 247 of 425 ATTACHMENTS 1. 2023 City of Waterloo - summary of negotiations (01575168x7F7E1) Page 248 of 425 City of Waterloo Collective Bargaining 2023 Summary of Tentative Agreements Waterloo Planners & Engineers (AFSCME) Includes: Associate Planner, Associate Engineer, Traffic Engineer, Planner II, Programmer Analyst, Storm Water Specialist Agreement: Duration: 5 years Wages: Year 1: 3.0% ATB Year 2: 3.0% ATB Year 3: 3.0% ATB Year 4: Wage reopener Year 5: Wage reopener Other: • Added Juneteenth as a Holiday • New Longetivity Schedule Service Bi-Weekly Monthly Annually After 3 years 16.62 $36 $432 After 6 years 21.69 $47 $564 After 9 years 28.62 $62 $744 After 12 years 33.23 $72 $864 After 15 years 38.31 $83 $996 After 18 years 42.92 $93 $1116 After 21 years 47.54 $103 $1236 After 24 years 52.62 $114 $1368 After 27 years 57.23 $124 $1488 After 30 years 61.85 $134 $1608 Page 249 of 425 Waterloo Mixed (Teamsters) Includes: Clerks, Secretary, Evidence Technician, Animal Control Agreement: Duration: 5 years Wages: Year 1: 3.0% ATB Year 2: 3.0% ATB Year 3: 3.0% ATB Year 4: Wage reopener Year 5: Wage reopener Other: • Overtime- no change except for an understanding that Property/Evidence Technician can come in on the day that is most productive with supervisor approval to do work that is required. • Shift Differential increased to forty cents (.40) per hour for second shift and fifty cents (.50) per hour for third shift • Change Bereavement leave for Death of Son-in-law or Daughter-in-law to four (4) days. • Safety Shoes - Employees who are required to wear safety shoes/boots as determined by the department head shall be entitled to receive reimbursement or a voucher from the City at a rate of $125.00 per contract year upon presentation of proof of purchase. • Add Juneteenth as a holiday • Add the position of Clerk/IT Technician at the current wage. • New Longetivity Schedule Service Bi-Weekly Monthly Annually After 3 years 16.62 $36 $432 After 6 years 21.69 $47 $564 After 9 years 28.62 $62 $744 After 12 years 33.23 $72 $864 After 15 years 38.31 $83 $996 After 18 years 42.92 $93 $1116 After 21 years 47.54 $103 $1236 After 24 years 52.62 $114 $1368 After 27 years 57.23 $124 $1488 After 30 years 61.85 $134 $1608 Page 250 of 425 Waterloo Laborers (LiUNA No. 177) Includes: Employees in the following departments: Airport, Building Inspections, Building Maintenance, Garage, Engineering, Sanitation, Leisure Services, Streets, Traffic, Waste Management Agreement: Duration: 5 years Wages: Year 1: 3.0% ATB Year 2: 3.0% ATB Year 3: 3.0% ATB Year 4: 3.0% ATB Year 5: 3.0% ATB Other: • Change 7.07 (A) Winter Operations to read "Employee may work longer than 16 hours if requested by the City and the employee agrees." • Change Airport Operation pay and Waste Water Operator pay to the same pay as Sewer maintenance pay. • Change Bereavement Leave to include Brother, Sister, Stepbrothers, stepsisters and any other relative living in the same household as Immediate Family • Change 14.02 Jury Duty language by deleting "Jury panel members will return to work at the time they are released by the judge." and add "If an employee is released from jury duty and there are four or more hours left of the employee's shift, they shall report back to work." • Change 7.16 Professional Certification Bonus Program by removing the "and/or collection system maintenance certifications for Grade III and Grade IV but maintain the "Wastewater Treatment Certification Grade III and IV." for (C) and (D) • Change 11.05 Scheduling date from March 10 to February 28 • Add Juneteenth as holiday • New Longetivity Schedule Service Bi-Weekly Monthly Annually After 3 years 16.62 $36 $432 After 6 years 21.69 $47 $564 After 9 years 28.62 $62 $744 After 12 years 33.23 $72 $864 After 15 years 38.31 $83 $996 After 18 years 42.92 $93 $1116 After 21 years 47.54 $103 $1236 After 24 years 52.62 $114 $1368 After 27 years 57.23 $124 $1488 After 30 years 61.85 $134 $1608 Page 251 of 425 Waterloo Library (CWA) Includes: Library Aide, Library Assistant, Marketing and Volunteer Coordinator, Librarian I and Information Literacy Coordinator Agreement: Duration: 5 years Wages: Other: Year 1: 3.0% ATB Year 2: 3.0% ATB Year 3: 3.0% ATB Year 4: 3.0% ATB Year 5: 3.0% ATB • Throughout the contract update "he" "she" "he/she" to they/their/them. • Remove 4.02 (B): Two -Thirds Employee: Remove this classification. • Change 5.02: Modify the second paragraph to reflect the following: "The hours shall be posted for a period of five (5) working days throughout the library. Preference will be given to eligible employees within the department that request to work the additional hours. If no one is then interested, the additional hours may be assigned at the discretion of the Library administration." • Change 9.03 (B) to: "present the written grievance to the Library Director or designee". • Change 9.03 (C) from: "Chairman" to "President" (as that term is defined in the board's bylaws). • Change 9.03 (D), 9.04(A): Replace "Chief Executive Officer of the Employer" with "Human Resources Director or designee." • Change 10.02 (A) to: ■ Library Director or designee - Co -Chairperson of the Committee, (change from Chairman) ■ President, Library Board, (change from Chairman) ■ Local Union President - Co -Chairperson of the Committee, (change from Chairman) • Change 13.03: Add the following holidays: Juneteenth • 13.04: Change paragraph (A) to the following: "Employees required to work on Holidays on which the Library remains open shall be allowed to take equivalent time off (plus hours) at a later mutually convenient time. Holiday time may be accumulated up to a maximum accumulation of fifty six (56) hours. The employee may opt to take the additional pay for the Holidays hours worked at their regular rate of pay, as may be agreeable to both the employee and the Employer. The subsequent time off, if elected, may be taken in one hour increments. Plus hours must be scheduled and used prior to an employee leaving Page 252 of 425 Library employment. Such time will not be paid out in cash. For these purposes, plus hours are prorated as follows: Full time = 56 hours, 3/4 time = 42 hours, 2/3 time = 37.5 hours, half time = 28 hours. • 14.01: Modify this section to reflect submission for vacations due by March 1st and a decision made by March 15tn • 14.03: Add the following language: "If the City implements/negotiates a policy to provide additional vacation for collective bargaining eligible employees, the Union shall receive that benefit." • 16.05: Modify this section to reflect "During the period of probation, as defined and provided for in this Agreement, employees shall accrue sick leave benefit hours, and shall be eligible to utilize sick leave benefit hours as the hours are accrued." • 16.06: Add the following language: "The employee must provide verification from a licensed medical provider beginning with the fourth consecutive day of an illness connected absence." • 17.01 (B): Change the sentence to read "In case of death in family, an employee shall be granted a leave with pay up to three (3) days." Remove the rest of the sentence. • 17.04: Delete this section and replace it with the following: "Employees shall be entitled to all benefits provided for in the City's FMLA policy." • 19.01: Delete the sentence that states: "The supervisor shall be responsible for completing a weekly payroll report listing all approved absences and for turning in that report to the Business Office Manager." • 22.04 Change to: age, color, creed, gender identity, mental disability, national origin, physical disability, race, religion, sex, sexual orientation. Page 253 of 425 Waterloo Code Enforcement & Police Lieutenants (AFSCME) Includes: Police lieutenants, code enforcement officer, data systems/records manager, and property evidence coordinator Agreement: Duration: 5 years Wages: Other: Year 1: 4.5 ATB. Eliminate Step 1 lieutenants Step Increases Year 2: 4.75% ATB Year 3: 5.0 ATB Year 4: Wages reopener Year 5: Wages reopener • Section 4.06 — Seniority and Assignment of Overtime: City Attorney shall approve prior to any overtime worked by Code Enforcement • Section 4.09 — Overtime Records Change to: "Compensatory time off may be taken at any time upon consent of the Chief of Police, or his or her designee, or City Attorney (for code enforcement employees, which consent shall not be unreasonably withheld." • Section 6.01— New Longevity for Lieutentants: Longevity shall be based upon a percentage of the starting police officer's annual base salary as outlined by the table below: Years 7/1/2023 $ 67,990.21 Years 7/1/2024 $ 71,219.74 Years 7/1/2025 $ 74,780.73 12 1.25% $ 849.88 12 1.50% $ 1,068.30 12 1.50% $ 1,121.71 16 1.75% $ 1,189.83 16 2.00% $ 1,424.39 16 2.25% $ 1,682.57 20 2.50% $ 1,699.76 20 2.75% $ 1,958.54 20 3.00% $ 2,243.42 • Section 6.01— New Longevity for Code Enforcement, Data Systems/Records Manager and Property Evidence Coordinator: Service After 3 years After 6 years After 9 years After 12 years After 15 years After 18 years After 21 years After 24 years After 27 years After 30 years Bi-Weekly 16.62 21.69 28.62 33.23 38.31 42.92 47.54 52.62 57.23 61.85 Monthly $36 $47 $62 $72 $83 $93 $103 $114 $124 $134 Annually $432 $564 $744 $864 $996 $1116 $1236 $1368 $1488 $1608 Page 254 of 425 • Section 7.01 Add Juneteenth as a holiday • Section 12.01 - Health & Safety: add full and part-time code enforcement officers to receive uniform and equipment. • Section 13.01— Seniority: Specify that seniority will be determined by length in service in the Police Department for Lieutenants and length of service to the City for other employees. • Section 17.03 — Shift Differential change to: o 7/1/2023: $52.00 bi-weekly o 7/1/2024: $68.00 bi-weekly O 7/1/ 2025: $80.00 bi-weekly • Add the Forman position to the Bargaining Unit • Section 16.02 - Meals & Break Periods Change to: "During tour of duty, each member shall receive forty-five (45) consecutive minutes for meals and two (2) break periods, each consisting of fifteen (15) consecutive minutes." • Section 16.03 - Tour of Duty Change the wording to: "A tour of duty for employees covered by this agreement shall consist of that eight (8) hour, or ten (10) hour, periods described below and only at the discretion of their Division Commander." • Remove Section 21.05 from contract Page 255 of 425 Waterloo Police Officers Includes: Police Officers and Police Sergeants Agreement: Duration: 5 Years Wages: Year 1: 4.5% ATB Year 2: 4.75% ATB Year 3: 5.0%ATB Year 4: Wages and Insurance Reopener Year 5: Wage and Insurance Reopener Officer and Sergeant wage scales as outlined below with a wage and insurance re - opener for FY 27 & FY 28. Officers 7/1/2023 Hourly 7/1/2024 Hourly 7/1/2025 Hourly 23-00 $ 32.69 24-00 $ 34.24 25-00 $ 35.95 23-01 $ 33.67 24-01 $ 35.27 25-01 $ 37.03 23-02 $ 35.35 24-02 $ 37.03 25-02 $ 38.88 23-03 $ 36.41 24-03 $ 38.14 25-03 $ 40.04 23-04 $ 38.12 24-04 $ 39.93 25-04 $ 41.93 23-05 $ 39.27 24-05 $ 41.14 25-05 $ 43.19 23-06 $ 40.55 24-06 $ 42.47 25-06 $ 44.60 23-08 $ 41.86 24-08 $ 43.85 25-08 $ 46.04 23-10 $ 43.22 24-10 $ 45.27 25-10 $ 47.54 Sergeants 7/1/2023 23-00 Hourly $ 47.40 7/1/2024 24-00 Hourly $ 49.65 7/1/2025 25-00 Hourly $ 52.14 23-01 $ 48.60 24-01 $ 50.91 25-01 $ 53.46 23-02 $ 50.10 24-02 $ 52.48 25-02 $ 55.10 23-03 $ 51.64 24-03 $ 54.10 25-03 $ 56.80 Page 256 of 425 Other: • Article 5.02 Shift Differential change to: o 7/1/23 $52.00 bi-weekly o 7/1/24 $68.00 bi-weekly o 7/1/25 $80.00 bi-weekly • Article 6.01 Longevity change to: Years 7/1/2023 $ 67,990.21 Years 7/1/2024 $ 71,219.74 ' Years 7/1/2025 $ 74,780.73 12 1.25% $ 849.88 12 1.50% $ 1,068.30 12 1.50% $ 1,121.71 16 1.75% $ 1,189.83 16 2.00% $ 1,424.39 16 2.25% $ 1,682.57 20 2.50% $ 1,699.76 20 2.75% $ 1,958.54 20 3.00% $ 2,243.42 • Article 10.01 Holidays Defined Add: Juneteenth to the list of recognized holidays. • Article 14.01 (B) Sick Leave: The sunset clause of this section shall be extended to June 30, 2028 • Article 16.05 Educational Leave of Absence: The parties agree to the removal of this section. Page 257 of 425 Waterloo Fire Includes: Fire Fighter, Fire Engineer, Paramedic, Lieutenant, Medical Supervisor and Captain Agreement: Duration: 5 Years Wages: Year 1: 2.25% ATB Year 2: 2.50% ATB Year 3: 3.0% ATB Year 4: Wages and Insurance Reopen Year 5: Wages and Insurance Reopen Other: • Modify Section 11.01 by adding the following sentence: "An employee that has a death in his/her immediate family shall receive pay pursuant to 11.02 or 11.03." • Modify Section 11.05 by adding "funeral/memorial service/celebration of life" • Modify Section 7.07(6)(6) by adding the following sentence: "In lieu of a cash payout an employee may elect to have the payout directed into the employee's 457 deferred compensation plan. All forms must be completed with Human Resources within the timelines set by Human Resources. This provision is subject to all federal and state laws and limitations." • Modify Section 7.07(6)(7) by adding the following sentence: "In lieu of a cash payout an employee may elect to have the payout directed into the employee's 457 deferred compensation plan. All forms must be completed with Human Resources within the timelines set by Human Resources. This provision is subject to all federal and state laws and limitations." • Modify Section 8.02 to reflect the deletion of "It is agreed by both parties that upon the recommendation of the Medical Supervisor." • Modify Section 10.03 by adding the following: "If an employee is eligible for a payout under this Section, the employee may direct the payout to his/her 457 deferred compensation plan by using forms provided by the Human Resources Department. This provision is subject to any federal and state laws and limitations and compliance with timing requirements set by Human Resources." • Modify 25.01 by adding the following sentence: "The date and time of the meeting between the Chief and Union President shall be included on the posting of the departmental rule and/or regulation." • Article V - Salaries: Effective 7/1/23 — New wage schedule (See Charts Below). Captain/Fire Marshall shall be paid on proposed wage schedule (Convert Fire Marshall to 40 Hr. Rate). 40 Hour Lieutenant shall be paid on the new Lieutenant wage schedule (Convert to 40 Hr. rate). Training Officer Hourly rate shall be $43.96 (40 Hr. Rate). Medical Officer hourly rate shall be $48.98 (40 Hr. Rate) Page 258 of 425 New Hourly Step 24-Hour New Hourly Step 40-Hour Fire 2.25% ATB Increase 24- Hour 2.25% ATB Increase 40- Hour BiWeekly Annual 1Year $ 20.05 $ - $ 20.50 $ - $ 2,173.00 $ 56,498.00 2 Year $ 22.94 $ - $ 23.46 $ - $ 2,486.76 $ 64,655.76 3 Year $ 24.42 $ - $ 24.97 $ - $ 2,646.82 $ 68,817.32 4Year $ 26.03 $ - $ 26.62 $ - $ 2,821.72 $ 73,364.72 8 Year $ 26.76 $ - $ 27.36 $ - $ 2,900.16 $ 75,404.16 10 Year $ 27.49 $ - $ 28.11 $ - $ 2,979.66 $ 77,471.16 Engineers New Hourly Step 24-Hour New Hourly Step 40-Hour 2.25% ATB Increase 24- Hour 2.25% ATB Increase 40- Hour BiWeekly Annual Base $ 27.71 $ - $ 28.33 $ - $ 3,002.98 $ 78,077.48 5Year $ 28.80 $ - $ 29.45 $ - $ 3,121.70 $ 81,164.20 10 Year $ 29.89 $ - $ 30.56 $ - $ 3,239.36 $ 84,223.36 Paramedics New Hourly Step 24-Hour New Hourly Step 40-Hour 2.25% ATB Increase 24- Hour 2.25% ATB Increase 40- Hour BiWeekly Annual Base $ 28.44 $ - $ 29.08 $ - $ 3,082.48 $ 80,144.48 5Year $ 29.21 $ - $ 29.87 $ - $ 3,166.22 $ 82,321.72 10 Year $ 29.90 $ - $ 30.57 $ - $ 3,240.42 $ 84,250.92 Lieutenants & Fire nspectors New Hourly Step 24-Hour New Hourly Step 40-Hour 2.25% ATB Increase 24- Hour 2.25% ATB Increase 40- Hour BiWeekly Annual Base $ 29.95 $ 39.68 $ 30.62 $ 40.58 $ 3,245.72 $ 84, 388.72 5 Year $ 30.61 $ 40.56 $ 31.30 $ 41.47 $ 3,317.80 $ 86,262.80 10 Year $ 31.69 New Hourly Step 24-Hour $ 41.99 New Hourly Step 40-Hour $ 32.40 Medical Officers 2.25% ATB Increase 24- Hour $ 42.93 2.25% ATB Increase 40- Hour $ 3,434.40 BiWeekly $ 89,294.40 Annual Base $ 30.40 $ - $ 31.08 $ - $ 3,294.48 $ 85, 656.48 5 Year $ 31.06 $ - $ 31.76 $ - $ 3,366.56 $ 87,530.56 10 Year $ 32.14 New Hourly Step 24-Hour $ - New Hourly Step 40-Hour $ 32.86 Training Officer 2.25% ATB Increase 24- Hour $ - 2.25% ATB Increase 40- Hour $ 3,483.16 BiWeekly $ 90,562.16 Annual Base $ - $ 43.96 $ 44.95 $ 1,798.00 $ 93,496.00 New Hourly Step 24-Hour Fire Captains, Captain New Hourly Step 40-Hour of Training 2.25% ATB Increase 24- Hour & Fire Marshall: 2.25% ATB Increase 40- Hour BiWeekly Annual Base $ 35.39 $ 46.89 $ 36.19 $ 47.95 $ 3,836.14 $ 99,739.64 5 Year $ 36.48 $ 48.34 $ 37.30 $ 49.42 $ 3,953.80 $ 102,798.80 Medical Supervisor New Hourly Step 24-Hour New Hourly Step 40-Hour 2.25% ATB Increase 24- Hour 2.25% ATB Increase 40- Hour BiWeekly Annual Base $ 36.97 $ 48.98 $ 37.80 $ 50.08 $ 2,003.20 $ paM2Agl.' 5 Fire Fighters 2.50% ATB Increase 24-Hour 2.50% ATB Increase 40-Hour BiWeekly Annual 1 Year $ 21.01 $ - $ 2,227.06 $ 57,903.56 2 Year $ 24.05 $ - $ 2,549.30 $ 66, 281.80 3 Year $ 25.59 $ - $ 2,712.54 $ 70, 526.04 4Year $ 27.29 $ - $ 2,892.74 $ 75,211.24 8 Year $ 28.04 $ - $ 2, 972.24 $ 77, 278.24 10 Year $ 28.81 S - $ 3,053.86 $ 79,400.36 ErMiiiiiialiblis. 2.50% ATB Increase 24-Hour 2.50% ATB Increase 40-Hour BiWeekly Annual Base $ 29.04 $ - $ 3,078.24 $ 80,034.24 5 Year $ 30.19 $ - $ 3,200.14 $ 83,203.64 10 Year $ 31.32 $ - $ 3,319.92 $ 86,317.92 Paramedics 2.50% ATB Increase 24-Hour 2.50"A ATB Increase 40-Hour BiWeekly Annual Base $ 29.81 $ - $ 3,159. 86 $ 82,156.36 5 Year $ 30.62 $ - $ 3,245.72 $ 84,388.72 10 Year $ 31.33 $ - $ 3,320.98 $ 86, 345.48 Lieutenants 84 Fire Inspectors 2.50% ATB Increase 24-Hour 2.50% ATB Increase 40-Hour BiWeekly Annual Base $ 31.39 $ 41.59 $ 3,327.34 $ 86,510.84 5 Year $ 32.08 $ 42.51 $ 3,400.48 $ 88,412.48 10 Year $ 33.21 $ 44.00 $ 3,520.26 $ 91, 526.76 Medical Officers 2.50% ATB Increase 24-Hour 2.50% ATB Increase 40-Hour BiWeekly Annual Base $ 31.86 $ - $ 3,377.16 $ 87,806.16 5 Year $ 32.55 $ - $ 3,450.30 $ 89,707.80 10 Year $ 33.68 $ - $ 3,570.08 $ 92,822.08 2.50% ATB Increase 24-Hour 2.50% ATB Increase 40-Haur BiWeekly Annual Base $ 46.07 $ 1,842.80 $ 95,825.60 Fire Captains, Captain of Training at Fire Marshall: 2.50% ATB Increase 24-Hour 2.50% ATB Increase 40-Haur BiWeekly Annual Base $ 37.09 $ 49.15 $ 3,931.54 $ 102, 220.04 5 Year $ 38.23 $ 50.66 $ 4,052.38 $ 105,361.88 Medical Supervisor 2.50% ATB Increase 24-Hour 2.50% ATB Increase 40-Hour BiWeekly Annual Base $ 38.75 $ 51.33 $ 2,053.20 $ 106, 766.40 Page 260 of 425 Fire Fighters 3.00% 24-Haur Step 3.00% 40- Hour BiWeekly Annual 1 Year $ 21.64 $ - $ 2,293.84 $ 59,639.84 2 Year $ 24.77 $ - $ 2,625.62 $ 68,266.12 3 Year $ 26.36 $ - $ 2,794.16 $ 72,648.16 4 Year $ 28.11 $ - $ 2,979.66 $ 77,471.16 8 Year $ 28.88 $ - $ 3,061.28 $ 79,593.28 10 Year $ 29.67 $ - $ 3,145.02 $ 81,770.52 Engineers 3.00% 24-Hnur Step 3.00% 40- Hour BiWeekly Annual Base $ 29.91 $ - $ 3,170.46 $ 82,431.96 5 Year $ 31.1❑ $ - $ 3,296.60 $ 85,711.60 10 Year $ 32.26 3.00% 24-Hour Step $ - Paramedics 3.00% 40- Hvur $ 3,419.56 BiWeekly $ 88,908.56 Annual Base $ 30.7❑ $ - $ 3, 254.20 $ 84,609.20 5 Year $ 31.54 $ - $ 3,343.24 $ 86,924.24 10 Year $ 32.27 $ - $ 3,420.62 $ 88,936.12 Lieutenants 8c Fire Inspectors 3.00% 24-Haur Step 3.00% 40- Hnur BiWeekly Annual Base $ 32.33 $ 42.84 $ 3,426.98 $ 89,101.48 5 Year $ 33_04 $ 43.79 $ 3,502.24 $ 91,058.24 10 Year $ 34.21 $ 45.32 $ 3,626.26 $ 94, 282.76 Medical Officers 3.00% 24-Hour Step 3.00% 40- Hour BiWeekly Annual Base $ 32.82 $ - $ 3,478.92 $ 90,451.92 5 Year $ 33.53 $ - $ 3,554.18 $ 92,408.68 10 Year $ 34.69 $ - $ 3,677.14 $ 95,605.64 Training Officer 3.00% 24-Hour Step 3.00% 40- Hour BiWeekly Annual Base $ 47.45 $ 1,898.00 $ 98, 696.00 Fire Captains, Captain of Training & Fire Marshall: 3.00% 24-Hour Step 3.009 , 40- Haur BiWeekly Annual Base $ 38.2❑ $ 50.62 $ 4,049.20 $ 105,279.20 5 Year $ 39.38 $ 52. 18 $ 4,174.28 $ 108,531.28 Medical Superlisor 3.00% 24-Hour Step 3.00% 40- Hour BiWeekly Annual Base $ 39.91 $ 52.87 $ 2,114.80 $ 109, 9 e6 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Director Human Resources Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving a three percent salary increase for non -bargaining employees effective July 1, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 5-17-2023 Non Bargaining Wage Increase Letter to the Mayor and Council 2. 2023 Proposed Non -Bargaining Wage Increases effective 7-1-2023 Page 262 of 425 Page 263 of 425 CITY OF ��J J�TERLOO Community of Opportunity May 25, 2023 Mayor and City Council 715 Mulberry St, Waterloo, IA 50703 Q Phone: (319) 291-4303 C Fax: (319) 291-4569 • CITYOFWATERLOOIOWA.COM Human Resources Department I am writing in reference to the item on the City Council agenda that recommends a 3% across the board increase for non -bargaining employees. This same increase will be granted to a majority of the bargaining unit employees under the various collective bargaining agreements. I am also including items from the Public Works Department, the Waterloo Police Department and the City Clerks Office that recommend a 5.1% increase for the Fleet Maintenance Director, 8.15% for the Sanitation Operations Supervisor, 8.24% for the Street Directors and Safety and Compliance Director, 16.44% for the Public Works Coordinator, 4.5% for the Chief of Police and Police Captains and 14.6% for the City Clerk. I have attached a chart that shows the proposed hourly rate and annual salary for each non -bargaining employee. The finance Department has calculated an approximate cost of $317,495 for this increase with $252,853 of this amount coming from the general fund. The dollars to fund this increase were approved by the City Council for next year's budget. Sincerely, Lance Dunn Lance Dunn Human Resources Director Cc: file le Page 264 of 425 Employee Primary Pay Rate Employee Pa Base Rate Annual Proposed Rate Pay Typ Proposed Annual Department AIR - Airport 10187 COMBS, SHEILA M 10969 KASPARI, KEITH D Yes HOURLY Yes HOURLY 24.83 55.89 Department AIR - Airport Employees 2 41,317.12 116,251.20 $157,568.32 Department ATTY - City Attorney 10005 AKIN, SHERYL D Yes HOURLY 27.27 56,721.60 11913 PETERSEN, MARTIN M Yes HOURLY 59.54 123,843.20 Department ATTY - City Attorney Employees 2 $180,564.80 25.57 57.57 28.09 61.33 42,548.48 119,745.60 $162,294.08 58,427.20 127,566.40 $185,993.60 Department BLDG INSP - Building Department/Inspections 10176 AHLHELM, GREGORY A Yes HOURLY 46.37 96,449.60 47.76 99,340.80 11387 SPARKS, JENNIFER L Yes HOURLY 27.43 57,054.40 28.25 58,760.00 Department BLDG_INSP - Building Department/Inspections Employees 2 $153,504.00 $158,100.80 Department CA - Cultural & Arts 10363 ANDREWS, ELIZABETH Yes HOURLY 22 45,760.00 22.66 47,132.80 10710 BURKLE, CAMILLE LYNN Yes HOURLY 26 54,080.00 26.78 55,702.40 11508 GRAHAM, CAYLIN J Yes HOURLY 20 41,600.00 20.6 42,848.00 10823 KLENSKE, THOMAS J Yes HOURLY 21 43,680.00 21.63 44,990.40 10369 PAIGE, CHAWNE Yes HOURLY 28 58,240.00 28.84 59,987.20 10820 REID, ANGELA J Yes HOURLY 28 58,240.00 28.84 59,987.20 Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 1 of 18 Page 265 of 425 10373 SHANKLE, KENT 10866 WELLHOUSE, AMANDA CAROLINE 10945 WELSH, JASON RICHARD Yes HOURLY 45.22 Yes HOURLY 18 Yes HOURLY 22 Department CA - Cultural & Arts Employees 9 Employee Pa 94,057.60 37,440.00 45,760.00 $478,857.60 46.58 18.54 22.66 Pay Typ 96,886.40 38,563.20 47,132.80 $493,230.40 Department CC - City Clerk 11378 EVEN, LEANN M Yes HOURLY 30.65 63,752.00 31.57 65,665.60 11035 FELCHLE, KELLEY M Yes HOURLY 42.37 88,129.60 48.56 101,004.80 10994 HIGBY, NANCY A Yes HOURLY 25.66 53,372.80 26.43 54,974.40 Department CC - City Clerk Employees 3 $205,254.40 $221,644.80 Department CD - Community Development 11522 FORDYCE, ANGELA K Yes HOURLY 34.29 71,323.20 35.32 73,465.60 10104 JONES, RUDY Yes HOURLY 46.81 97,364.80 48.21 100,276.80 10101 MARTIN, JON D Yes HOURLY 26.03 54,142.40 26.81 55,764.80 11204 ROUSSELOW, ANITA J Yes HOURLY 25.9 53,872.00 26.68 55,494.40 12390 SHAVERS, STEPHANIE M Yes HOURLY 23 47,840.00 23.69 49,275.20 Department CD - Community Development Employees 5 $324,542.40 Department ENG RUT - Engineering/Road Use Tax 10036 GENTZ, DENNIS J Yes HOURLY 49.95 103,896.00 10038 KNUTSON, JAMIE Yes HOURLY 54.93 114,254.40 Department ENG_RUT - Engineering/Road Use Tax Employees 2 51.45 56.58 $334,276.80 107,016.00 117,686.40 Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 2 of 18 Page 266 of 425 Department FD - Fire Department 10440 BECK, WILLIAM 10479 LEE, KEVIN Employee Pa $218,150.40 Pay Typ $224,702.40 Yes HOURLY 67.31 140,004.80 69.33 144,206.40 Yes HOURLY 41.11 113,299.16 42.34 116,689.04 10477 LUCK, TROY L Yes HOURLY 41.11 113,299.16 42.34 116,689.04 10449 PETERSEN, BENJAMIN Yes HOURLY 41.11 113,299.16 42.34 116,689.04 12410 ZWANZIGER, KAYLA L Yes HOURLY 25.66 53,372.80 26.43 54,974.40 Department FD - Fire Department Employees 5 $533,275.08 $549,247.92 Department FD AMB - Fire Department/Ambulance 12279 TOBIN, MELISSA A Yes HOURLY 25.66 53,372.80 26.43 54,974.40 Department FD_AMB - Fire Department/Ambulance Employees 1 $53,372.80 $54,974.40 Department FIN - Finance 11523 BAHR, KIMBERLY A Yes HOURLY 36.17 75,233.60 37.26 77,500.80 10008 BOHLEN, BRENT A Yes HOURLY 36.17 75,233.60 37.26 77,500.80 10009 GRAHAM, EMILY Yes HOURLY 33.72 70,137.60 34.73 72,238.40 12374 WOOD, BRIDGETT Yes HOURLY 43.27 90,001.60 44.57 92,705.60 Department FIN - Finance Employees 4 Department GAR - Central Garage 11324 STRANGE, RICHARD MICHAEL Yes HOURLY $310,606.40 $319,945.60 37.28 77,542.40 39.18 81,494.40 Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 3 of 18 Page 267 of 425 Department GAR - Central Garage Employees 1 Employee Pa $77,542.40 Pay Typ $81,494.40 Department HR - Human Resources 103959 DUNN, LANCE Yes HOURLY 49.42 102,793.60 50.9 105,872.00 10019 FISCHELS, NICOLE Yes HOURLY 30.21 62,836.80 31.12 64,729.60 12298 GEARHART, MELISSA Yes HOURLY 36.77 76,481.60 37.87 78,769.60 3786 WINSTON, KATE M Yes HOURLY 25.66 53,372.80 26.43 54,974.40 Department HR - Human Resources Employees 4 $295,484.80 $304,345.60 Department HRTS - Human Rights 10018 CULPEPPER, NANCY A Yes HOURLY 25.66 53,372.80 26.43 54,974.40 10410 FUNCHESS, ABRAHAM L Yes HOURLY 41.88 87,110.40 43.14 89,731.20 10411 JOHNSON, REBECCA Yes HOURLY 28.36 58,988.80 29.21 60,756.80 Department HRTS - Human Rights Employees 3 $199,472.00 $205,462.40 Department HSG RT - Housing/Ridgeway Towers 11791 KIRBY, RICHARD T Yes HOURLY 24.29 50,523.20 25.02 52,041.60 Department HSG_RT - Housing/Ridgeway Towers Employees 1 Department HSGVCH - Housing/Voucher 10581 COSBY, BEVERLY A Yes HOURLY 28.42 $50,523.20 59,113.60 29.27 $52,041.60 60,881.60 Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 4 of 18 Page 268 of 425 10127 DAWSON, JULIE A 10124 HILL-DORRIS, WANDA K 11325 JACKSON, DANA LEE 12246 MCGEE, JENNIFER L 11978 MUHIC, SENADA 10126 WESSELS, JANET L Department LIB - Library 10570 CHAPMAN, KIM 12266 ECKERT, DAVID A 10547 MILLER, BECKY K 10566 PETERSEN, LORI A 10545 ROUSSELOW, AMY L 11815 RUTLEDGE, JILLIAN E Department LSGLF - Leisure Services/Golf 10327 BOLGER, JAMES Yes HOURLY Yes HOURLY Yes HOURLY Yes HOURLY Yes HOURLY Yes HOURLY Department HSG_VCH - Housing/Voucher Yes HOURLY Yes HOURLY Yes HOURLY Yes HOURLY Yes HOURLY Yes HOURLY Department LIB - Library 40.26 28.42 30.54 25.28 28.42 28.42 Employees 7 35.03 53.95 35.19 36.37 32.91 43.38 Employees 6 Yes HOURLY 44.53 Department LS_GLF - Leisure Services/Golf Employees 1 Department LS PRKS - Leisure Services/Parks 10352 DERIFIELD, TODD Yes 12186 GELLER, JACOB F Yes HOURLY HOURLY 48.06 29.26 Employee Pa 83,740.80 59,113.60 63,523.20 52,582.40 59,113.60 59,113.60 $436,300.80 72,862.40 112,216.00 73,195.20 75,649.60 68,452.80 90,230.40 $492,606.40 41.47 29.27 31.46 26.04 29.27 29.27 Pay Typ 86,257.60 60,881.60 65,436.80 54,163.20 60,881.60 60,881.60 $449,384.00 36.08 75,046.40 55.57 115,585.60 36.25 75,400.00 37.46 77,916.80 33.9 70,512.00 44.68 92,934.40 $507,395.20 92,622.40 45.87 95,409.60 $92,622.40 99,964.80 49.5 60,860.80 30.14 $95,409.60 102,960.00 62,691.20 Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 5 of 18 Page 269 of 425 10353 HUTING, PAUL 10346 NICHOLS, TRAVIS 10335 WELSH, MADONNA Employee Pa Pay Typ Yes HOURLY 57.02 118,601.60 58.73 122,158.40 Yes HOURLY 38.62 80,329.60 39.78 82,742.40 Yes HOURLY 29.26 60,860.80 30.14 62,691.20 Department LS_PRKS - Leisure Services/Parks Employees 5 $420,617.60 $433,243.20 Department LS SPLX - Leisure Services/SportsPlex 101454 BOSS, BRIANNE Yes HOURLY 29.26 60,860.80 30.14 62,691.20 10266 DENNER, CRAIG Yes HOURLY 29.26 60,860.80 30.14 62,691.20 10281 ETRINGER, ROBERT J Yes HOURLY 42.13 87,630.40 43.39 90,251.20 10927 JACKSON, COURTNEY NOELLE Yes HOURLY 29.26 60,860.80 30.14 62,691.20 10809 RUTLEDGE, BRYAN ANDREW Yes HOURLY 29.26 60,860.80 30.14 62,691.20 Department LS_SPLX - Leisure Services/SportsPlex Employees 5 Department LSSPRT - Leisure Services/Sports 10282 HILDMAN, ALEX Yes HOURLY $331,073.60 $341,016.00 29.26 60,860.80 30.14 62,691.20 Department LS_SPRT - Leisure Services/Sports Employees 1 $60,860.80 $62,691.20 Department LS YA - Leisure Services/Young Arena 10195 DOLAN, CHRISTOPHER Yes HOURLY 38.62 80,329.60 39.78 82,742.40 10193 SCHAEFER, JACOB J Yes HOURLY 29.26 60,860.80 30.14 62,691.20 10194 SCHARES, JOEL Yes HOURLY 30.22 62,857.60 31.13 64,750.40 Department LS_YA - Leisure Services/Young Arena Employees 3 $204,048.00 Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 6 of 18 Page 270 of 425 Department MIS - Management Information Systems 11942 KRESS, AGNES M Yes HOURLY 10001 STOFFER, EDWARD Yes HOURLY 10027 WAGNER, BENJAMIN A Yes HOURLY 11106 YOUNGBLUT, CHRISTOPHER J Yes HOURLY Department MIS - Management Information Systems Department MYR - Mayor 12422 PERKINS, BRITNI C Yes HOURLY 12447 THOMAS GETTMAN, TARA J Yes HOURLY 25.68 30.05 33.34 52.53 Employees 4 Employee Pa Pay Typ $210,184.00 53,414.40 62,504.00 69,347.20 109,262.40 $294,528.00 27.6 57,408.00 26.45 30.95 34.34 54.11 55,016.00 64,376.00 71,427.20 112,548.80 $303,368.00 28.43 59,134.40 43.27 90,001.60 44.57 92,705.60 Department MYR - Mayor Employees 2 $147,409.60 $151,840.00 Department PD - Police Department 3622 DUNCAN, ROBERT Yes HOURLY 62.04 129,043.20 64.83 134,846.40 3631 FEAKER, JASON P Yes HOURLY 62.04 129,043.20 64.83 134,846.40 3549 LEIBOLD, JOSEPH Yes HOURLY 77.55 161,304.00 81.04 168,563.20 3626 MCCLELLAND, AARON Yes HOURLY 62.04 129,043.20 64.83 134,846.40 3761 WYBORNEY, KIMBERLY J Yes HOURLY 25.66 53,372.80 26.43 54,974.40 Department PD - Police Department Employees 5 Department PZ - Planning & Zoning 10109 ANDERSON, NOEL C Yes HOURLY $601,806.40 $628,076.80 60.83 126,526.40 62.65 130,312.00 Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 7 of 18 Page 271 of 425 10110 SCHROEDER, ARIC Yes HOURLY Employee Pa Pay Typ 41.84 87,027.20 43.1 89,648.00 Department PZ - Planning & Zoning Employees 2 $213,553.60 $219,960.00 Department ST - Street Department 11786 BENNETT, RANDY L Yes HOURLY 62.35 129,688.00 64.22 133,577.60 10344 BOQUIST, MATT C Yes HOURLY 36.2 75,296.00 39.18 81,494.40 12356 FISHER, SHAWN Yes HOURLY 36.2 75,296.00 39.18 81,494.40 11868 SEIFRIED, JENNIFER A Yes HOURLY 25.66 53,372.80 26.43 54,974.40 12411 STEFFEN, SHEILA K Yes HOURLY 33.65 69,992.00 39.18 81,494.40 Department ST - Street Department Employees 5 $403,644.80 $433,035.20 Department TRF - Traffic Operations 10055 ELAHI, SHAHABODDIN M Yes HOURLY 46.15 95,992.00 47.53 98,862.40 10054 HOLMES, SUSAN C Yes HOURLY 25.66 53,372.80 26.43 54,974.40 Department TRF - Traffic Operations Employees 2 $149,364.80 $153,836.80 Department WMSSAN - Waste Management/Sanitation 11969 BRUNSON, SCOTT A Yes HOURLY 36.23 75,358.40 39.18 81,494.40 10015 ELLIS, ELLA Yes HOURLY 27.21 56,596.80 28.03 58,302.40 Department WMS_SAN - Waste Management/Sanitation Employees 2 $131,955.20 $139,796.80 Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 8 of 18 Page 272 of 425 Department WMS SWR - Waste Management/Sewer 10159 BOWMAN, BRIAN Yes 12185 FISCHELS, DAMIAN Yes 11593 HENRICH, JULIANNA M HOURLY HOURLY Yes HOURLY Department WMS_SWR - Waste Management/Sewer 50.76 36.2 25.66 Employees 3 Grand Totals Departments 29 Employees 97 Employee Pa 105,580.80 75,296.00 53,372.80 $234,249.60 52.28 39.18 26.43 Pay Typ 108,742.40 81,494.40 54,974.40 $245,211.20 $7,453,360.20 $7,722,202.80 Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 9 of 18 Page 273 of 425 iy Rate Report Effective 05/17/23 es - Hourly, Salary, Annual Proposed Increase 3.00% Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 10 of 18 Page 274 of 425 iy Rate Report Effective 05/17/23 es - Hourly, Salary, Annual Proposed Increase 3.00% 14.6% increase Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 11 of 18 Page 275 of 425 iy Rate Report Effective 05/17/23 es - Hourly, Salary, Annual Proposed Increase 3.00% 5.1% Increase Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 12 of 18 Page 276 of 425 iy Rate Report Effective 05/17/23 es - Hourly, Salary, Annual Proposed Increase 3.00% Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 13 of 18 Page 277 of 425 iy Rate Report Effective 05/17/23 es - Hourly, Salary, Annual Proposed Increase 3.00% Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 14 of 18 Page 278 of 425 iy Rate Report Effective 05/17/23 es - Hourly, Salary, Annual Proposed Increase 3.00% Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 15 of 18 Page 279 of 425 iy Rate Report Effective 05/17/23 es - Hourly, Salary, Annual Proposed Increase 3.00% 4.5% Increase 4.5% Increase 4.5% Increase 4.5% Increase Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 16 of 18 Page 280 of 425 iy Rate Report Effective 05/17/23 es - Hourly, Salary, Annual Proposed Increase 3.00% 8.24% Increase 8.24% Increase 16.44% Increase 8.15% Increase Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 17 of 18 Page 281 of 425 iy Rate Report Effective 05/17/23 es - Hourly, Salary, Annual Proposed Increase 3.00% 8.24% Increase Run by Lance Dunn on 05/17/2023 10:56:41 AM Page 18 of 18 Page 282 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rudy Jones, Director Community Development Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving a contract with the Waterloo Housing Trust Fund 10, in the amount of $47,470.00, in conjunction with the Emergency Repair Program, and authorizing the Board Chair to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This award will help supplement our emergency repair program, which is a program that helps low/median income home owners with expensive home repairs. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 283 of 425 1. Contract for WHTF 10 Page 284 of 425 WHTF 10 IFA 23-LHTF-03 INRCOG #76 Activity #2 CONTRACT FOR GRANT AWARD BETWEEN THE WATERLOO HOUSING TRUST FUND 10 (WHTF) AND CITY OF WATERLOO Section 1: The Funding Contract The WHTF, hereinafter the Grantor agrees, upon the terms and conditions set forth, to make a grant to the organization titled City of Waterloo, located in Waterloo, Iowa hereinafter the Grantee, in the amount of $47,470. These funds were included as part of a grant application submitted by the WHTF to the Iowa Finance Authority (IFA) State Housing Trust Fund on behalf of the Grantee for owner occupied housing emergency repairs meeting the definition of a low to moderate income family (see Section 5(b)(3) below), within Waterloo, as defined in the Grantee's proposal. The $47,470 in grant funds and local match is to be considered conditional on the Grantee complying with all other terms and conditions of this Contract. Section 2: Disbursement and Use of Proceeds a. Disbursement of the grant amount may occur once the Grantee has satisfactorily addressed any requirements set forth in this CONTRACT and once the Grantee has submitted the Request for Disbursement. Disbursement will occur within two to four weeks of the Grantor receiving the Request for Disbursement from the Grantee, and dependent on how quickly the WHTF receives the funds from the Iowa Finance Authority. The Grantee agrees to spend all funds, on allowable expenses as outlined in the original application, within 30 calendar days from the date of the receipt of the funds from the Grantor. b. The Grantee will provide to the Grantor any supporting evidence necessary to substantiate payment to the Grantee. Section 3: Obligation to Repay Grant Amount In Event of Default Upon the occurrence of default, as defined in Section 7, the Grantor may demand repayment of all or a portion of the grant amount that has been disbursed up to the time of default. The Grantee understands and agrees that the grant is made for the purpose of owner occupied emergency repairs for a low to moderate income family as stipulated in the Grantee's proposal, and that upon failure to complete the project stated in the application, the Grantee is obligated to immediately repay such amounts as are determined by the Grantor to have been received by the Grantee without fulfillment of the Grantee's obligations, up to the full amount of the grant proceeds disbursed. Section 4: Conditions of the Grant The obligation and agreement of the Grantor to make the grant is subject to the Grantee satisfactorily addressing any requirements stated in this Contract. Section 5: Representations and Covenants a. Representations; (1) This agreement is considered legal, valid, and binding obligations of the Grantee enforceable against the Grantee in accordance with their respective terms; (2) The estimated project cost is set forth in the Grantee's original application to the Grantor and no part of the proceeds will be used to finance ineligible costs, within the meaning of the rules; 1 Page 285 of 425 (3) There is no litigation or proceeding pending, or to the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever the right of the Grantee to execute this agreement or the other agreements required to be executed by the Grantee under this agreement, or the ability of the Grantee to comply with the Grantee's obligations contained herein or therein; (4) The Grantee agrees that the Grantor shall have no responsibility nor incur any expense for maintenance or preservation of the Project or for the payment of any taxes, assessments, or other governmental charges assessed or levied with respect to the Project; (5) The certifications and representations of the Grantee and other information contained in the application were true and correct as of the date made and are true and correct on the date hereof, except as information in the application may have been amended with the written approval of the Grantor; (6) There has been no adverse change since the date of the application in the financial condition, organization, operation, business prospects, fixed assets, or key personnel of the Grantee; (7) (8) No payment of any bonus or commission has been made by the Grantee for the purpose of obtaining approval of the application, or has or will be made for the purpose of obtaining approval of applications for additional assistance, or any other approval or concurrence of the Grantor required under this agreement; No officer, member, or employee of the Grantor and no members of its board, and no other public official of the governing body of the locality in which the project is located who exercises any functions or responsibilities in the review of approval of the project has participated in any decisions relating to this agreement which affect his/her personal interest or the interest of any corporation, partnership, or association in which he or she is directly or indirectly interested or has any personal or financial interest, direct or indirect, in the agreement or the proceeds of the grant. b. Covenants (1) The Grantee will incur expenses and draw the funds on the project no later than September 30, 2024. If it is not possible to meet this deadline the grantee shall immediately contact the grantor in writing to request an extension. (2) The Grantee will complete the project in accordance with the project bid, which must be submitted prior to any disbursement of funds. (3) The Grantee hereby certifies, through the completion of an income verification process, that the recipients will meet the income guidelines set forth in the request for funding, specifically that the inhabitants of the unit(s), that all which are assisted shall have a gross annual household income of less than 80% of the Area Median Income based on household size and 16% (or $7,595 of the funding award) of those assisted have household income below 30% of Area Median Income based on household size (4) The Grantee will assure that all funds from the Grantor will be used only for eligible activities, specifically for owner occupied housing emergency repairs. (5) The Grantee shall not materially change the project, abandon the project, or allow the project to be seized or operated by others. 2 Page 286 of 425 (6) The Grantee agrees to comply with the provisions of Section 16.9 of the Act and Sections 216.8 and 216.8A of the Iowa Code and with the provisions of the Fair Housing Act, as amended, which compliance shall include, but not be limited to, the following: (i) Grantee shall not refuse to rent, or otherwise make unavailable or deny, a dwelling to any person because of race, creed, color, sex, familial status, national origin; age, disability or religion; (ii) Grantee shall not discriminate against any person on the terms, conditions, or privileges or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, creed, color, sex, familial status, national origin, age, disability, or religion; (iii) Grantee shall not make or publish any notice, statement or advertisement, with respect to the rental or availability of a dwelling, that indicates any preference, limitation or discrimination based on race, color, creed, sex, familial status, national origin, age, disability, or religion; (iv) Grantee shall not refuse to permit, at the expense of a disabled person, reasonable modifications of existing premises to be occupied by such a person if such modifications may be necessary to afford such a person full enjoyment of the premises. (7) The Grantee shall, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, national origin, age, or disability. (8) The Grantee shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, creed, sex, national origin, age or disability. The Grantee agrees to post notice setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. Section 6: Accounts, Records, and Reports The Grantee agrees to comply with the following accounting, recordkeeping, and reporting requirements: a. The Grantee shall maintain books, records, documents, and other evidence pertaining to all costs incurred for the project, such as material and/or construction costs, for which Grantee funds were used. b. At any time during normal business hours and as frequently as is deemed necessary, the Grantee shall make available to the Grantor, its auditor, the State Auditor or the Iowa Finance Authority (IFA), for their examination, all of its records pertaining to matters covered by this agreement. c. All records pertaining to the agreement and grant shall be retained for a period of five (5) years beginning with the date upon which project funds are received. d. The Grantee shall submit a Project Completion Report within sixty (60) days of the completion of the project. The Grantor reserves the right to request additional written or verbal progress reports as deemed necessary. 3 Page 287 of 425 Section 7: Events of Default The following events each constitute an Event of. Default; a. Any representation or warranty made by the Grantee under or in connection with this agreement that shall prove to have been incorrect in any material respect when made and shall not be made good within thirty (30) days after notice thereof to the Grantee by the Grantor; or b. The Grantee shall fail to perform or observe any other term, covenant, or stipulation contained in this agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof shall have been given to the Grantee by the Grantor. Section 8: Remedies of Default Under any occurrence of an Event of Default, the Grantor or its agent may: a. Make no further disbursements under the Grant, and/or b. Take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the Grantee under this Agreement. c. By written notice to the Grantee, demand repayment from the Grantee of all or a portion of amounts previously disbursed under the Grant, whereupon such amounts shall become due and payable. d. Take whatever action at law or in equity may appear necessary or desirable to enforce Grantee's obligation to repay all or a portion of the Grant proceeds and to recover Grant proceeds. Section 9: Indemnity; Fees and Expenses a. Grantee will indemnify and hold harmless the Grantor and its officers and employees from and against any and all losses, by it or them while it or they are acting in good faith to carry out the transactions contemplated by the agreement or to safeguard its or their interests or ascertain, determine or carry out its or their obligations under this agreement, or any law or contract applicable to said transaction; b. Grantee will, upon demand, pay to the Grantor the amount of any and all reasonable expenses, including the reasonable fees and expenses of its attorneys, including the value of its connection with (i) the exercise or enforcement of any of the rights of the Grantor hereunder, (ii) the failure by the Grantee to perform or observe any of the provisions hereof, and (iii) the recovery of any proceeds misappropriated by the Grantee. The Grantee will also pay, upon demand to the Grantor, any other reasonable expenses of the Grantor related to the project or this financing (including reasonable attorney's fees) which are not otherwise expressly required to be paid by the Grantee under the terms of this agreement; c. Grantee agrees to pay, as and if applicable, all appraisal fees, survey fees, recording fees, license and permit fees, insurance premiums, taxes, charges, and assessments in connection with the project. Section 10: Binding Effect; Governing Law This agreement shall be binding upon and inure to the benefit of the Grantee and the Grantor and their respective successors and assigns, except that the Grantee shall not have the right to assign its rights hereunder or any interest herein without the prior written consent of the Grantor. This agreement shall be governed by, and construed in accordance with, the laws of the State of Iowa. 4 Page 288 of 425 Section 11: Severability If any provision of this agreement shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatever. Section 12: Amendments, Changes and Modifications This agreement may not be effectively amended, changed, modified, altered, or terminated without the written consent of the authorized representatives of the parties hereto. Section 13: Termination Clause Either party assigned hereto shall have the authority to terminate this Contract, with just cause, by notifying the other party by registered mail not less than thirty (30) days prior to the effective termination date. Section 14: Entire Agreement Statement This Contract contains the entire agreement between the Grantor and Grantee for providing assistance. There are no other written or oral agreements, understandings, or contracts that shall take precedence over the items contained herein, unless they have been made a part of this Contract per Section 12. Section 15: Term of the Agreement This agreement shall be in full force and effect from the date hereof and until the project is satisfactorily completed on or before September 30, 2024. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed as of the date indicated below. CITY OF WATERLOO By: Executivevector or Board Chair / President WATERLOO HOUSING TRUST FUND (WHTF) Date: 5/5/25 IR By: ; r. u Date: Eric Donat, Board President 5 Page 289 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving Addendum No. 2 to a Professional Services Agreement with Robinson Engineering Company of Independence, Iowa, originally executed April 5, 2021, in an amount not to exceed $12,484.00, in conjunction with the FY 2022 North Crossing Area Study, Contract No. 1050, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION See the attached agreement for Scope of Services. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES TIF ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 290 of 425 1. NorthCrossingPh3 - Addendum 2 Page 291 of 425 Ns Robinson Engineering Company Consulting Engineers North Crossing Regional Planning and Design Waterloo, Iowa Addendum No. 2 WHEREAS, City of Waterloo and Robinson Engineering Company entered into a contract dated April 5, 2021 for the design of the North Crossing Regional Planning and Design project in Waterloo, Iowa. WHEREAS, City of Waterloo and Robinson Engineering Company desire to amend the previous agreement to make the following revisions to the contract. NOW THEREFORE, it is mutually agreed to amend the original Consultant Agreement as follows: I. Scope of Services The scope of services is amended to add the following scope items to the project: Traffic Impact Study: A traffic impact study will be completed to meet requirements by the IaDOT for this area. The study will cover the four (4) proposed access points to be constructed onto US 63 (Logan Avenue) at Burkhart Street, Heath Street, Olivia Street, and Ralston Road. This work will include obtaining peak hour traffic counts, crash history, and traffic modeling at each intersection. A final report will be produced. It will be used to obtain entrance permits for the four intersections from IaDOT. II. Compensation Traffic Impact Study: $12,484.00 Total Additional Compensation = $12,484.00 The compensation for this supplemental agreement is to be integrated with that covered under the original contract. III. In all other respects, the obligations of City of Waterloo and Robinson Engineering Company shall remain as specified in the Original Contract dated April 5, 2021, and all addendums. IN WHITNESS WHEREOF, the parties hereto have executed this Addendum No. 1 as of the dates shown below. OWNER: ENGINEER: City of Waterloo Robinson EngineeringCompany By: Quentin M. Hart By: Monica Smith, PE Title: Mayor Title: President ATTEST: Kelley Felchle, CMC City Clerk 819 Second Street NE, Independence, IA 50644 Phone: 3 l 9-334-7211 Page 292 of 425 HRGreeno Simple Scope Short Form Agreement Project: Phase I ESA- 200 East Mullan Avenue Client: Contact: Title: City of Waterloo Noel Anderson Project No: 2302791 Phase No(s).: N/A Date: 05/22/23 Community Planning and Development Director Address: 715 Mulberry Street City/State/Zip: Waterloo, IA, 50703 Phone/Email/Fax No. 319-291-4366 The CLIENT agrees to employ HR Green, Inc. (COMPANY) to perform the following services: Complete a Phase I Environmental Site Assessment (ESA), per ASTM 1527, on a parcel owned by A Line Ventures LC located at 200 East Mullan Avenue in Waterloo, Black Hawk County, Iowa. CLIENT will provide COMPANY with access to the SITE, a copy of the title history report/opinion of title for the SITE, and contact information for the current owner of the SITE. CLIENT will also complete a User Questionnaire. The Phase I ESA report will be made available to CLIENT no later than 30 days following execution of the contract. The schedule may be adjusted for items outside of COMPANY's control (ex: delayed response to records requests, interview, or site access) and CLIENT will be notified if any delays are encountered. The CLIENT agrees to pay COMPANY for the above scope of services: Time & Material, Not to Exceed in the amount of $4,600 ❑ Reimbursable Expenses Included ❑ Sub -Consultant Services Included ❑ Prepayment Required for Services to Commence Version2.1 02052021 Page 293 of 425 H RGreen Copy To: ® Accounting TERMS AND CONDITIONS Short Form AGREEMENT Phase I ESA-200 East Mullah Avenue 2302791 May 22, 2023 Page 2 of 3 Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. COMPANY's services under this AGREEMENT are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against COMPANY because of this AGREEMENT or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all agreements with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. If litigation arises for purposes of collecting fees or expenses due under this AGREEMENT, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys' fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorneys' fees arising out of the modification or reuse of these materials. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's agreement with the general contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY's consultants shall be indemnified and shall be made additional insureds on the general contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. Version2.1 02052021 Page 294 of 425 HRGreen„, Short Form AGREEMENT Phase I ESA-200 East Mullen Avenue 2302791 May 22, 2023 Page 3 of 3 The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY's officers, directors, partners, employees, shareholders, owners and sub -consultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and sub -consultants to all those named shall not exceed $ 10,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorneys' fees. The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. CITY OF WATERLOO, IOWA HR GREEN, INC. 8710 Earhart Lane SW Cedar Rapids, IA 52404 319-841-4374 Accepted by: Approved by: Printed/ Printed/ Typed Name: Quentin M. Hart Typed Name: Stacy E. Woodson Title: Mayor Title: Vice President Date: Date: 05/22/2023 Version2.1 02052021 Page 295 of 425 REAL ESTATE PURCHASE AGREEMENT TO: Robert D. Brandt ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated at 1335 Mulberry Street, Waterloo, Iowa, and adjacent lot, identified as parcels 8913-25- 251-006 and 8913-25-251-004, legally described as per the abstract of title; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $12,580.00, due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within sixty (60) days after approval of this Agreement by the Waterloo City Council, on a date mutually agreeable to the parties, subject to prior satisfaction or waiver of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance, if any, to the date of closing and shall bear the risk of loss or damage to the Property until the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 30 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any Page 296 of 425 environmental or other deficiencies, and during such period Buyer may conduct other studies, investigations and feasibility review. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Buyer shall, at its own expense, obtain an abstract of title to the Property continued through a date that is within 30 days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea - formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any other exceptions to the warranties set forth above are fully described here or on a separate addendum attached hereto: B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: 2 Page 297 of 425 C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes, and may have a Phase I environmental assessment completed. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. Seller shall provide to Buyer a copy of any report or information in Seller's possession with respect to environmental assessment, investigation, testing or remediation. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall, unless waived by Buyer, be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $100 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. Notwithstanding the above, asbestos on the premises is not included in Seller's remediation duties as Buyer will remove same at its own expense in connection with demolition. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. If Seller desires to structure a 1031 tax deferred exchange in connection with the proposed transaction, Buyer agrees to cooperate, at no cost to Buyer, with any reasonable request from Seller, and to execute any reasonable documentation requested by the exchange agent, to facilitate an exchange. N/A. 3 Page 298 of 425 17. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 18. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Robert D. Brandt 1335 Mulberry Street Waterloo, IA 50703 Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. 4 Page 299 of 425 A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before June 9, 2023, Buyer may retract this Agreement, and it shall then be null and void. BUYER City of Waterloo, Iowa By: Accepted by Seller SELLER Mayor Robert D. Brandt Attest: City Clerk 5 Page 300 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving a Subordination Agreement with Union at North Crossing, LP, for the benefit of Huntington National Bank, pertaining to obligations under the Real Estate Purchase Agreement dated August 1, 2022, and amended April 13, 2023, by Instrument Nos. 2023-6156, filed October 14, 2022, and 2023-13814, filed April 25, 2023, with the Black Hawk County Recorders Office, for a project located north of 501 Lakeside Street, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Union at North Crossing will be constructing 180-residential units in the North Crossing Development area near Unity Point- Allen Hospital. The Subordination agreement would benefit the Huntington National Bank, as fiscal agent, for the project. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 301 of 425 LOT 1 OF NORTH CROSSING THIRD ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA RECORDED APRIL 19, 2023 AS INSTRUMENT NO. 2023-00014075. ATTACHMENTS 1 Subordination Agreement (Development Agreement) - Union at North Crossing 2. Union Development Holdings Signed Development Agreement 3. Union At North Crossing, LP - Assignment and Assumption of Development Agreement - Union at North Crossing 5.11.2022 (UDH Executed) 4. Union at North Crossing, LP - Amendment to purchase agreement - 4.17.2023(RECORDED) Page 302 of 425 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT ("Agreement") is effective as of the day of June, 2023 by the CITY OF WATERLOO, IOWA (the "City"), and UNION AT NORTH CROSSING, LP, an Iowa limited partnership ("Borrower"), for the benefit of THE HUNTINGTON NATIONAL BANK, as fiscal agent, a national banking association ("Mortgagee"). RECITALS A. Simultaneously herewith Borrower is acquiring certain real property located in the County of Black Hawk, State of Iowa, as more particularly described on Exhibit A attached hereto ("Property"). B. Borrower has assumed certain obligations under the Real Estate Purchase Agreement dated as of August 1, 2022 by and between City and Union Development Holdings, LLC filed October 14, 2022 as Instrument No. 2023-00006156, Official Records of Black Hawk County, Iowa (the "Official Records"), as assigned to and assumed by Borrower pursuant to that certain Assignment and Assumption of Real Estate Purchase Agreement effective as of April 13, 2023 and filed April 13, 2023 as Instrument No. 2023-000013814, and as amended by that certain Amendment to Real Estate Purchase Agreement dated April 17, 2023 and filed April 25, 2023 as Instrument No. 2023-00014312 (as assigned and amended, the "Development Agreement"), pursuant to which the Property and Borrower are subjected to certain restrictions and conditions by City in connection with the development of the Property. C. In connection with the acquisition and development of the Property by Borrower, Borrower has applied to Iowa Finance Authority (the "Governmental Lender") for a loan (the "Borrower Loan"), to finance the acquisition, construction and equipping of a multifamily apartment housing facility consisting of a total of 180 units and related personal property and equipment, to be located on the Property and known as "Union at North Crossing". D. The Borrower has requested the Governmental Lender to enter into that certain Funding Loan Agreement among Governmental Lender, Allianz Life Insurance Company of North America (the "Funding Lender") and Mortgagee as "Fiscal Agent" dated as of May 1, 2023 (the "Funding Loan Agreement") under which the Funding Lender will make a loan (the "Funding Loan") to the Governmental Lender in the amount of $25,000,000, the proceeds of which will be loaned to the Borrower pursuant to a Borrower Loan Agreement dated as of May 1, 2023 (as it may be supplemented or amended, the "Borrower Loan Agreement") to finance the acquisition, construction, rehabilitation, development, equipping and/or operation of the Property. E. Pursuant to the Borrower Loan Agreement and that certain Borrower Note dated as of June , 2023 in the original principal amount of $25,000,000 made by Borrower in favor of Subordination Agreement Page 303 of 425 Governmental Lender (the "Borrower Note"), the Borrower agrees to make loan payments to the Governmental Lender in an amount which, when added to other funds available under the Funding Loan Agreement, will be sufficient to enable the Governmental Lender to repay the Funding Loan and to pay all costs and expenses related thereto when due. F. Contemporaneously herewith, Borrower has executed and delivered to Mortgagee a Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (as amended, modified or supplemented from time to time, the "Mortgage"), encumbering the Property as further security for Borrower's obligations under the Loan Documents (as defined below), including, without limitation, Borrower's obligations under the Borrower Note. G. Simultaneously with the execution of the Borrower Note and the execution of the other Funding Loan Documents, the Borrower will execute a Promissory Note in the amount of $2,800,000 in favor and for the benefit of Funding Lender in order to additionally finance construction of the Property (the "Bridge Note") and the Borrower will be obligated to make payment thereunder. H. The rights of the Governmental Lender under the Borrower Loan Agreement, the Borrower Note and the other Funding Loan Documents are being assigned contemporaneously with the execution and delivery hereof to the Fiscal Agent for the benefit of Funding Lender. I. The Funding Loan Agreement, the Borrower Loan Agreement, the Borrower Note, the Bridge Note and the Mortgage, together with all other documents executed with respect to the Loan, are hereinafter collectively referred to as the "Loan Documents". J. The Mortgagee and the Funding Lender are hereinafter collectively referred to as the "Lender". D. As a condition to making the Borrower Loan, Lender requires that the Loan Documents be a lien on the Property superior to the lien of the Development Agreement and that the rights of Lender under the Loan Documents be superior to the rights of City and Borrower under the Development Agreement. Lender will not make the Loan unless City and Borrower agree to subordinate their rights and obligations under the Development Agreement, including, without limitation, any right of reverter described therein in favor of City. E. Borrower and City hereby agree to subordinate the Development Agreement on and subject to the terms, conditions and requirements set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Subordination Agreement Page 2 Page 304 of 425 1. Recitals. The foregoing Recitals are hereby incorporated into this Agreement as agreements among the parties. 2. Subordination. The City hereby covenants and agrees that the Development Agreement is and will at all times continue to be, subordinate, subject and inferior to the rights of Lender under the Loan Documents and that the liens, rights (including approval and consent rights and any rights of reverter), remedies, payment interests, priority interests, and security interests granted to City pursuant to or in connection with the Development Agreement are hereby expressly acknowledged to be in all respects and at all times, subject, subordinate and inferior in all respects to the liens, rights (including approval and consent rights), remedies, payment, priority and security interests granted to Lender pursuant to the Loan Documents and the terms, covenants, conditions, operations and effects thereof. 3. Financing, Encumbrance and Transfer Approval. City hereby approves the transfer of the Property to the Borrower and the financing evidenced by the Mortgage. City further agrees that any transfer of the Property in connection with foreclosure or deed in lieu thereof will not require City's consent. 4. Reserved. 5. Lender Notice of Default. In consideration of City's agreements contained in this Agreement, Lender agrees that in the event of any default by Borrower under the Loan Documents, City will be entitled to receive a copy of any notice of default given by Lender to Borrower under the Loan Documents. Neither the giving nor the failure to give a notice to City pursuant to this Section 5 will affect the validity of any notice given by Lender to the Borrower. 6. City Notice of Default. City must give Lender a concurrent copy of each material notice (including without limitation each notice of default) given by City under or with respect to the Development Agreement, and agrees that Lender, at Lender's sole election, will have the right (but not the obligation) to cure any default by Borrower under the Development Agreement on its and/or Borrower's behalf. City hereby represents and warrants that, to the best of its knowledge, there is no current default under the Development Agreement. 7. City's Rights. Except as set forth in Sections 2 and 8 of this Agreement, nothing in this Agreement is intended to abridge or adversely affect any right or obligation of Borrower and/or City, respectively, under the Development Agreement; provided that, (A) the Development Agreement may not be modified, amended, changed or altered without the prior written consent of Lender so long as the Loan is secured by the Property and (B) for so long as the Loan is secured by the Property, notwithstanding the terms of the Development Agreement to the contrary, neither Borrower nor City will, without Lender's prior written consent, exercise or seek any right or remedy under the Development Agreement or available at law or in equity which will or could result in (i) a transfer of possession of the Property or the control, operations or management thereof, (ii) collection or possession of rents or revenues from or with respect to the Property by any party other than Borrower or Lender; (iii) appointment of a receiver for the Property; (iv) application Subordination Agreement Page 3 Page 305 of 425 of insurance or condemnation proceeds other than as approved by Lender pursuant to the Loan Documents; (v) removal or replacement of the existing property manager of the Property; or (vi) a material adverse effect on Lender's security for the Loan. 8. Foreclosure by Lender. In the event of foreclosure, deed in lieu of foreclosure, or similar disposition of the Property by Lender, (a) no consent will be required from City, (b) the Development Agreement will automatically terminate, and (c) Lender will have no indemnification obligations to City for any period during which Lender does not own or is not in possession of the Property. 9. Refinancing. City agrees that its agreement to subordinate hereunder will extend to any new mortgage debt which is for the purpose of refinancing all or any part of the indebtedness evidenced by the Loan Documents (including reasonable and necessary costs associated with the closing and/or the refinancing, and any reasonable increase in proceeds for rehabilitation in the context of a preservation transaction). All terms and covenants of this Agreement will inure to the benefit of any holder of any such refinanced debt, and all references to the Loan Documents and Lender will mean, respectively, the refinance loan documents and the holder of such refinanced debt. 10. Miscellaneous Provisions. (a) This Agreement represents the entire understanding and agreement between the parties with regard to the matters addressed herein, and will supersede and cancel any prior agreements with regard to such matters. (b) If there is any conflict or inconsistency between the terms of the Development Agreement and the terms of this Agreement, then the terms of this Agreement will control. (c) This Agreement will be binding upon and will inure to the benefit of the respective legal successors and permitted assigns of the parties to this Agreement, which will include with regard to the City any permitted successor or assign of the City under or pursuant to the terms of the Development Agreement and, with regard to Lender, any subsequent holder of the Note. No other party will be entitled to any benefits hereunder, whether as a third -party beneficiary or otherwise. (d) If any one or more of the provisions contained in this Agreement, or any application of any such provisions, is invalid, illegal, or unenforceable in any respect, the validity, legality, enforceability, and application of the remaining provisions contained in this Agreement will not in any way be affected or impaired. (e) Each notice, request, demand, consent, approval or other communication (collectively, "Notices," and singly, a "Notice") which is required or permitted to be given pursuant to this Agreement will be in writing and will be deemed to have been duly and sufficiently given if (i) personally delivered with proof of delivery (any Notice so delivered will be deemed to have been received at the time so Subordination Agreement Page 4 Page 306 of 425 delivered), or (ii) sent by a national overnight courier service (such as FedEx) designating earliest available delivery (any Notice so delivered will be deemed to have been received on the next Business Day following receipt by the courier), or (iii) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any Notice so sent will be deemed to have been received on the date of delivery as confirmed by the return receipt), addressed to the respective parties as follows: If to City: City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Attention: Mayor Facsimile: 319-291-4571 If to Lender: The Huntington National Bank 45 North Pennsylvania Street INHP61 Indianapolis, Indiana 46204 Attention: John Alexander E-mail: John.D.Alexander@huntington.com With a copy to: Allianz Life Insurance Company of North America c/o R4 Capital Funding LLC 780 Third Avenue, 16th Floor New York, New York 10017 Attention: Jim Spound E-mail: jspound@r4cap.com With a copy to: R4 Servicer LLC 155 Federal Street, Suite 1400 Boston, Massachusetts 02110 Attention: Greg Doble E-mail. gdoble@r4cap.com With a copy to: Subordination Agreement Page 5 Page 307 of 425 Kutak Rock LLP Two Logan Square 100 North 18th Street, Suite 1920 Philadelphia, Pennsylvania 19103 Attention: Andrew P. Schmutz, Esquir Email: andrew.schmutz@kutakrock.com If to Borrower: Union at North Crossing, LP 409 Massachusetts Ave, Suite 300 Indianapolis, Indiana 46204 Attention: Ryan Clark Facsimile: Telephone: Any party, by Notice given pursuant to this Section, may change the person or persons and/or address or addresses, or designate an additional person or persons or an additional address or addresses, for its Notices, but Notice of a change of address will only be effective upon receipt. Neither party will refuse or reject delivery of any Notice given in accordance with this Section. (f) Each of the parties will, whenever and as often as they are requested to do so by the other, execute, acknowledge and deliver, or cause to be executed, acknowledged or delivered, any and all such further instruments and documents as may be reasonably necessary to carry out the intent and purpose of this Agreement, and to do any and all further acts reasonably necessary to carry out the intent and purpose of this Agreement. (g) This Agreement will be governed by the laws of the State in which the Property is located. (h) Each person executing this Agreement on behalf of a party hereto represents and warrants that such person is duly and validly authorized to do so on behalf of such party with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations under this Agreement. (i) No failure or delay on the part of any party to this Agreement in exercising any right, power, or remedy under this Agreement will operate as a waiver of such right, power, or remedy, nor will any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy or the exercise of any other right, power or remedy under this Agreement. (j) Each party to this Agreement acknowledges that if any party fails to comply with its obligations under this Agreement, the other parties will have all rights available at law and in equity, including the right to obtain specific performance of the Subordination Agreement Page 6 Page 308 of 425 obligations of such defaulting party and injunctive relief. (k) This Agreement may be assigned at any time by Lender to any subsequent holder of the Note. (1) This Agreement may be amended, changed, modified, altered or terminated only by a written instrument signed by the parties to this Agreement or their successors or assigns. (m) This Agreement may be executed in two or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. (n) Nothing in this Agreement is intended, nor will it be construed, to in any way limit the exercise by City of its governmental powers (including police, regulatory and taxing powers) with respect to Borrower or the Property to the same extent as if it were not a party to this Agreement or the transactions contemplated by this Agreement. NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN THE DEVELOPMENT AGREEMENT BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF THE MORTGAGE. [SIGNATURE AND ACKNOWLEDGMENT PAGES FOLLOW] Subordination Agreement Page 7 Page 309 of 425 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year above written. State of County of On CITY CITY OF WATERLOO, IOWA By: Name: Title: , 20, before me a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary) Subordination Agreement Page 8 Page 310 of 425 STATE OF COUNTY OF BORROWER UNION AT NORTH CROSSING, LP, an Iowa limited partnership By: Union at North Crossing GP, LLC, an Indiana limited liability company, its general partner By: Name: Kyle D. Bach Title: Manager On this day of , 2023, before me, , personally appeared Kyle D. Bach, known to me or proven on the basis of satisfactory evidence to be the manager of Union at North Crossing GP, LLC the general partner of Union at North Crossing, LP, the within named Grantor, and that he being authorized to do so, executed the foregoing Mortgage for the purposes therein contained by his signature on the instrument Union at North Crossing, LP executed the instrument. WITNESS my hand and official seal. Notary My Commission expires: (SEAL) Subordination Agreement Page 9 Page 311 of 425 MORTGAGEE: THE HUNTINGTON NATIONAL BANK By: Name: Title: State of County of On , 20, before me a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary) Subordination Agreement Page 10 Page 312 of 425 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Waterloo, County of Black Hawk, State of Iowa, described as follows: LOT 1 OF NORTH CROSSING THIRD ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA RECORDED APRIL 19, 2023 AS INSTRUMENT NO. 2023-00014075. Subordination Agreement Page 11 Page 313 of 425 Preparer: Christopher S. Wendland, P.O. Box 596. Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of \ , 2022, by and between Union Development Holdings, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of real property on E. 4Ih Street identified as parcel no. 8913-12-326-003, a portion of which is legally described as set forth on Exhibit "A" attached hereto (the "Property"). Company desires to undertake a project on the Property and is willing and able to finance and construct a total of at least 150 multifamily units and related improvements thereon. B. City considers affordable housing development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Projects (defined below) have been undertaken and are being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company has delivered to City 1 Page 314 of 425 reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company may, at its own expense, obtain whatever form of title evidence it desires. if title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters within twenty (20) days following written notice of such objections from Company, or such additional time as agreed by the parties, Company may terminate this Agreement without further obligation. City shall provide any title documents it has in its possession, including any abstracts, within ten (10) days of the date of this Agreement to assist in title review. 2. Delivery Date: The City shall deliver the Property to the Company by the latter of: a) the receipt of all applicable development and construction permits as required for the Company to begin Improvements (defined below), or b) upon completion of the anticipated on -site and off -site improvements by others per the Preliminary Plat for North Crossing Third Addition prepared by Robinson Engineering Company attached hereto as Exhibit B (the "Delivery Date"). 3. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. At its own cost Company shall clear all trees and shrubs necessary to undertake the Project (defined below), shall construct to a finished state at least 150 multifamily units, including installation of driveways and sidewalks, and be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project". 4. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company having pursued and received a building permit, shall begin construction of the Improvements within 30 days of the Delivery Date. (the "Project Start Date"), and 2 Page 315 of 425 construction of Improvements must be Substantially Completed within 24 months of the Project Start Date (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. if Company has not begun construction of the Improvements by the Project Start Date, City may terminate this Agreement as set forth in Section 14, and City shall have no further obligation hereunder with respect to such Project. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays. If construction is not completed by the Project Completion Date or within the allowed period of extension, City may (i) grant an extension of the Project Completion Date, the granting of which extension will not be unreasonably withheld so long as Substantial Completion of construction is expected within a reasonable time period, or (ii) if Substantial Completion is not expected within a reasonable time period, terminate this Agreement as set forth in Section 14, title to the Property shall revert to the City, and City shall have no further obligation hereunder with respect to such Project nor any duty to compensate Company for any work or materials provided before the termination date or for the added value of improvements completed or partially completed. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 5. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within sixty (60) days after written demand by City, then on Company's behalf and as its attorney -in -fact City shall be authorized, but not required, to execute the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. A. Indemnification by Company. Company agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of 3 Page 316 of 425 Company's negligent act, error, omission, or willful misconduct in connection with the performance of any and all of its duties under this Agreement, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 7. Incentives. After the Improvements have been Substantially Completed, Company will be eligible for the following incentives: A. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company meets all requirements to qualify for such exemption. 7. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 8. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. 4 Page 317 of 425 B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. 5 Page 318 of 425 E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements caused by Company's negligent act, error, or omission during the performance of this Agreement . The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for anygross negligence, error, omission, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises from: (1) any violation of any term or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) Company's negligent act, error, omission, or willful misconduct in connection with construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 6 Page 319 of 425 B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City, except as otherwise expressly provided in this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to a Project Site formerly owned by City. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 14. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 60 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 60 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination by City pursuant to this Section 14(A), City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such 7 Page 320 of 425 remedy, Company shall give 60 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 60 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. In the event that specific performance is not available for any reason whatsoever, Company may exercise any and all remedies available at law, equity, contract or otherwise for City's default hereunder. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of each party to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for each party to enter this Agreement. Each party acknowledges that without such promises, covenants, representations, and warranties, the other party would not have entered this Agreement. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. 8 Page 321 of 425 (b) if to Company, at 409 Massachusetts Avenue, Suite 300, Indianapolis, IN, 46204, Attention: Ryan Clark. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 9 Page 322 of 425 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes ail prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 10 Page 323 of 425 CITY OF WATERLOO, IOWA UNION DEVELOPMENT HOLDINGS, LLC By: Quentin M. Hart, Mayor Attest: 14CP K Iley Felchle,t ty Clerk 11 By: Kyle Bach, CEO Page 324 of 425 EXHIBIT "A" Property Description Union Development Holdings, LLC Subject Property (Lot 1 of the Proposed North Crossing 3rd Addition) A part of Auditor's Parcel G, as recorded in Document #2008-10309, on file in the Black Hawk County Recorder's Office in Waterloo, Iowa, in the Northeast Quarter of the Southwest Quarter of Section 12, T89N, R13W of the Fifth P.M., Black Hawk County, City of Waterloo, being more particularly described as follows: Commencing at the Southwest Corner of said Quarter -Quarter Section; Thence North 0°56'11" West, 659.05 feet along the West Line of said Quarter -Quarter Section; Thence North 89°38'37" East, 33.00 feet to the Point of Beginning, said point also being the Northwest Corner of said Auditor's Parcel G located on the East Right -of -Way Line of East 4th Street; Thence continuing North 89°38'37" East, 885.55 feet along the North Line of said Auditor's Parcel G; Thence South 0°54'13" East, 292.68 feet; Thence South 55°04'12" West, 236.62 feet; Thence South 0°53'47" East, 103.98 feet; Thence South 79°44'S0" West, 378.06 feet; Thence South 89°38'S0" West, 316.03 feet to the East Right -of -Way Line of East 4th Street; Thence North 0°56'11" West, 595.90 feet along said East Right -of -Way Line to the Point of Beginning. Containing 10.78 Acres, Subject to any easements recorded or unrecorded and further subject to easements required as part of the pending subdivision infrastructure. Page 325 of 425 See attached. EXHIBIT "B" Preliminary Plat of North Crossing Addition 1 Page 326 of 425 c m z N z 124 °a N r 0 O I; 33 dm TTT TT - TTVVTTm L 41 b.)Al U) U1 Z Z U1 () f/) 0000R0 z C C .11 A m< m _ m rmEA�= - CI0Cflp mq CJ C C C m jli o ood X MmMx H z z z 0 OH X m n O 7� a V) m A - Z o Z Iwo no E ; cD .17 y _ � n � � oD 2 D — 0 z 7 Page 327 of 425 r = 1. t((llIf{Iok FT / / [Li t '.-.. >T ; 1 *QI,I �a T lac LOGAN AVENUE /- US_63_I - • • 17 o w .=f 1 o I 6 , HOMER STREET G NILES STREET rr, J 1— L e .` , NORTH a��° 1 tNO; ROSSING� gAo ;1< D DR1VEi Ih I ` LOT15 4185]LP G — I I ;l L LOT 12 ,aPCwdm loo123 HEATH Sl"REET STREET \ S,yr- 4 4 a I o N i I P, . ntV Oo o is 'S"Q • . 4th ^ 0I • 1a3(0):1d )I33bD N30 IIA Q Q Z 0 a SITE MAP FREU W NAXY PLAT NORTH CROSSING THU)AOO,TION n9, 9301.21 CLIP OF WATERLOO F15 MUECERRY STREET WATERLOO. IOWA 50203 ihobinson Engineering Company Consulting Engineers Page 328 of 425 T — 4. L�GAN ACfEF1liE %� f 1 ▪ II'� -_ N oa•irtrW xur---Y�.. r `f\ 1• N0YYt02-E 1565.7 _ I 14714' _ G _ 141 -\�, _ R3257 _ N 0D'I i4Y W J9.35 - / ' -'�-- _, 60fA' 1382'- 16944'G�---� 900'4YE 3300� c r4 / "6B i;9i m I� T \ 1. V t I Ra =C' /�3� i3 Imo`. 3 g ' �n'F♦ •Syr --- 7 sla'' 0 t, 1\1 1 \1 i ��' 1 r .1 Eie.l5 I'\�\ 1 \\ J \\\: F I /21 G9 7- = --TT 375.47-Y-=SP`-�� �� ,a�w` �1 18323.E='s' \�=�69.49� ri Y43'/TE 17TbT- NORTi 1 CROSSIM! DRIVE —'E— '1 &4 -- — -a--'t AID ---- s — 30f -----------------T-- 77,16 500'SS36'E 6W5535'E 2T636 / a 3 / J / l 1 I 1 \ \ n 4 / 1 \_ o / \ $ / \ \ R t I I, i o-- u $np Y. \ I g n 1 ` 1 4. 1 I \ _ —, 1 ✓ 1 afi' \ 11\ 1 / / Ill i1 l ! i is 11 i i 4 a - , / , 1i --,M4b9 pro• — 1 I% ,� 1 r 144 ! L. 1 5 11 1 1 1 11' " I.\ , 4 ,, 1 II; a1\` 1` '01 \\'a o- 1\1 '-'-11 I i lily l 1 ` 3; y \ 1 r 1 11 1 II ' \ \' i ! I ;1 ' 1 eT4l __J1411 =;r—_— `1' `'\ I ;� 1 111 I11! .I �JGO'S636'E 6l33'=.--�-_=-�--,i3SAZ=ryti_1 1 53. ill C�III RQIII 11 `1 \ 8E0.5611'E T67 Rd '. DY'Sfi 5'W 859 [6 4" �.. `. irrR•% I I. I111e I.,R s� / III 5 / ' \`( II 1I 1; \ 9 I1 11 / 1 / \B. A \ \11 \ r \ 55 rl '.I 11 ilr 1i i F rs 5 PP1 .1 11/24/2021 PRELIM NORTHWEST QUADRANT Robinson Engineering Company RIEII WNARY WIT Consulting Engineers NORTH CRO55l\'L TIgAO AD NTION RN:430141 CITY OF WAT MOO ' ,a," ,„ 715 MOIBFRRY STREET WATERLOO, NANA 50T03 Page 329 of 425 PP1 .2 11/24/2021 PRELIM NORTHEAST QUADRANT Robinson Engineering Company FR[11Y1N49Y PLATConsulting Engineers IiOATH CR0ssm Trap AppTn0'1 Hi. 430L.21 CITY Or WATERLOO '' A;.;,i _' 715 VUIRERiT STREET WATERLOO, AMA 50103 Page 330 of 425 _5- 1f f1 e If ' %f11 f! Nor3NEYR mar,{! au LOGAN AVENUE /US 53_� �riV os— •T'- NO121-19-W 2t669. s3--'11�r • J , , • 1 I in54. 1i l I 1/ -..._T \ ` ` l 11 an_i i - I II 1 l 1 1 1 v-,, ' 11 _ - _ . -- I- 1. aTi-- - e., rW Nhlz� •''em74 : - — s W491rEi3 L'+ -fi-n `Ta1 1T4-! 3 / /. / a)Z_- SOUTHWEST QUADRANT 1'R(uVDIARY FSAT NORTH C0.05501G THIRD ADDITION h1- 4301-21 CDT OF WATF.LVO 115 VIIL5ERRY STREET WATERLOO, IOA'A 50103 9Robinson Engineering Company Consulting Engineers Page 331 of 425 • • INIMMEMMOWOr MA1LP_! d rn •m.i.t. t HOMER STREET L NILES STREET IA SECTION Lt E ,\ 1 ! [�. .It - "- 1iliI ;ALal ---- ..n,-- -' i1 I \` Z."a \1 I T! la/'il1T�mIL1aIFr r L' II —Multi I\ 1 } R lEur /:/!��%.,-1�13 iiiiir—�� 5 4 / / / / ' [ • l[ In 1111 EInrylt'-. - SarEJw•E lair _Hoo•nJ rw Taa f / // i'- ti`I1\ / PTS/� - E`�PC 12:`QIJ i1\i\ w .:,-„,;"02/,,..-'"Ic.:4- :-,V;),/,▪ ..;":":-.%\r-,: • 1\\'i\ I \\‚ ./♦4%I/%k/,/: %d /// . \ \\\`} '(\\I:a'..'.'::.,K‹j/ ///// \\ \-1(\\}\\:\,.///%1/J' / / \�Ia,\I\-i\\\'x\`/it1(1cl \ i,I � ,., \, \\\ t\s-C; .` \q ^C^ i`�:-� \ ` 1\ ▪ \\. \` _mil_-� y\\\ i `1AE9?▪ /-1�/�'` ���__:AEIj \ �I L� �-~- - - �_-�_ / 2°'e. -.'!:' \ '! 'cf� - __sae-. + f.G •' Swsrrc GEC t.'2-'t3 PP1.4 11/24/2021 PRELIM J SOUTHEAST QUADRANT Robinson Engineering Company FFEnvI.'KRY RATConsulting Engineers NORTH CROSSING THIRD AOOfnC'1 FN. 4011-21 CITY OF WATERLOO - " 7IS MULBERRY STREET WATERLOO. TUNA SO KO Page 332 of 425 ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT FOR VALUE RECEIVED, UNION DEVELOPMENT HOLDINGS, LLC, an Indiana limited liability company ("Assignor"), hereby assigns to UNION AT NORTH CROSSING, LP, an Iowa limited partnership ("Assignee"), all of its right, title and interest in, to and under that certain Development Agreement dated April 4, 2022, by and between Assignor and the City of Waterloo, Iowa (the "Seller"), all with respect to certain property located on E. 4th Street in the City of Waterloo, Iowa (Tax Parcel No. 8913-12-326-003) (the "Development Agreement"). This Assignment may be executed in multiple counterparts with separate signature pages, each such counterpart shall be considered an original, but all of which together shall constitute one and the same instrument. This Assignment was executed by Assignor and Assignee to be effective as of the 4ch day of April, 2022. [Remainder of page intentionally blank; signatures on following page(s)] Page 333 of 425 IN WITNESS WHEREOF, this Assignment and Assumption shall be effective as of the date first above written. Assignor: UNION DEVELOPMENT HOLDINGS, LLC, an Indiana limited liability company By: Kyle D. Bach, CEO Assignee: UNION AT NORTH CROSSING, LP an Iowa limited partnership By: Union at North Crossing, GP, an Indiana limited liability company, as General Partner By: Consent provided by: CITY OF WATERLOO, IOWA B QuercEuz Y: art Quentin M. Hart, Mayor Attest: Kelley Fe[cIiiLe 8=1 Kyle D. Bach, General Manager Kelley Felchle, City Clerk 2 Page 334 of 425 1111111 �a V Z. Doc ID: 011932880012 Type GEN Recorded: 04/25/2023 at 04:14:50 PM Fee Amt: $62.00 Page 1 of 12 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2023-00014312 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT This Amendment to Real Estate Purchase Agreement (the "Amendment") is entered into as of --f j K.iL 17 , 2023 by and between Union at North Crossing, LP (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City and Union Development Holdings, LLC ("UDH") are parties to that certain Real Estate Purchase Agreement dated August 1, 2022 and recorded October 14, 2022 as Doc. No. 2023-6156 (the "PA") concerning the development of property as described in the PA. Company is successor in interest to UDH pursuant to a certain Assignment and Assumption of Real Estate Purchase Agreement between Company and UDH. B. The parties desire to amend the PA to modify the terms as set forth in this Amendment to provide reimbursement to Company for certain Project expenses incurred for site preparation work, including without limitation tree removal, grubbing and grading of the Property. C. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). D. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" to the PA. E. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and Page 335 of 425 Page 2 requirements under which the project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree to amend the DA to add new terms or modify existing terms as set forth herein: 1. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "C" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to the Agreement, which shall be fixed for assessment purposes, below the amount of $5,000,000.00 (the "Minimum Actual Value"), through: either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Amendment. 2. Tax Rebates. Provided that Company has Substantially Completed the Improvements before the Project Completion Date, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Four 0% rebate each year Year Five through Year Seven 40% rebate each year Year Eight through Year Nine 50% rebate each year Year Ten through Year Eleven 60% rebate each year (each such payment is a "Rebate") for any taxable value over $6,692.00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. Page 336 of 425 Page 3 The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. "Year One" shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event all Improvements on the Property are Substantially Completed prior to January 1, 2025 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed for Year Four are based on the January 1, 2029 assessed value, corresponding to the Fiscal Year ending June 30, 2031, with the taxes payable one-half by September 30, 2030 and one-half by March 31, 2031, then the first Rebate could be applied for after March 31, 2031 and prior to April 1, 2032. 3. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under the Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of the Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of the Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of the Agreement which can be given effect without the suspended provision. To this end the provisions of the Agreement are severable. B. Notwithstanding the provisions of Section 2 above, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 2 above, is not, based on a change in applicable law or its interpretation since the date of the Agreement, authorized or Page 337 of 425 Page 4 otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 2, then City may terminate the Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of the Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under the Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 4. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, the Agreement shall terminate unless a new disbursement date is established by amendment to the Agreement. The termination of the Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in the Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under the Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 11 of the Agreement shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. Page 338 of 425 Page 5 (ii) Company shall be in material compliance with all the terms and provisions of the Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under the Agreement. 5. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in the Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the MAA termination date Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. C. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. D. Until the MAA termination date Company agrees that it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. E. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Page 339 of 425 Page 6 Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 6. Obligations Contingent. Each and every obligation of City under the Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date the Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 7. Section 13 of the Agreement, Default, is amended to add a new paragraph F, as follows: "F. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property." 8. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined herein will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] Page 340 of 425 Page 7 CITY OF WATERLOO, IOWA UNION AT NORTH CROSSING, LP By Union at North Crossing, GP, its General Partner By: t 1 4. By: Z/6 Quentin Hart, Mayor Attest: Kel ey Fel hle, City Clerk QA) Kyle Bach, General Manager Page 341 of 425 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 11 , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), UNION AT NORTH CROSSING, LP ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company's predecessor in interest have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City, and Company and City have entered into an amendment of the Development Agreement; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $5,000,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree Page 342 of 425 Page 2 to execute an amendment to this Agreement that will extend the date specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2044. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof except as set forth in the Development Agreement and as authorized by other actions necessary to obtain CURA exemptions, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or Page 343 of 425 Page 3 (b) except as set forth in the Development Agreement and as authorized by other actions necessary to obtain CURA exemptions, seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] Page 344 of 425 Page 4 CITY OF WATERLOO, IOWA By: UNION AT NORTH CROSSING, LP By Union at North Crossing, GP, its General Partner By: ,'(�5 Quentin Hart, Mayor Kyle Bach, General Manager Attest: STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this /day of , 2023, before me, a Notary Public in and for the State of Iowa, perso ally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. oAlla F Z * * IOWA BRITNI C PERKINS COMMISSION NO. 845529 MY COMMISSION EXPIRES JANUARY 27, 2026 STATE OF (ct ✓l u COUNTY OF a rt o +n ) ss. Subscribed and sworn to before me on c r t 1- , 2023 by Kyle Bach as General Manager of Union at North Crossing, GP, general partner of Union at North Crossing, LP. Notary Public ku" 1" ADAM CALLOWAY �Y• ads`% Notary Public, Stato of Indiana `Z'SEAL = Marion County 1,'• : * ' Commission Number 718824 My Commission Expires 0unn‘O`� February 25, 2027 wuawr Page 345 of 425 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Five Million and 00/100 Dollars ($5,000,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. ssor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on -26 Koenigsfeld, Assessor for Black Hawk County, Iowa. , 2023 by T.J. gPaA<S' TARA JOHNSON o v Commission Number 767467 My Commission Expires owP April 5, 20 2D�fo Page 346 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving a Development Agreement with Babic Properties, LLC, for the construction of a new duplex on an infill lot, including a $10,000.00 infill incentive upon substantial completion of said duplex, and authorizing Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Babic Properties, LLC is going to construct a new duplex at the southeast corner of Ravenwood Road and Ravenwood Circle, with an estimated value of $200,000.00. The lot in question is a platted lot and was purchased by the developer in November of 2022. Ravenwood Circle was fully completed in the last nine years and since then a total of 72 new multifamily units have been constructed. The new duplex will utilize existing utilities, such as sewer, water, gas, etc and there is no need to extend utilities. NEIGHBORHOOD IMPACT This will have a positive impact on neighborhood by continued investment in this area, with most of the existing nearby apartment buildings being built in the 1970s. This will also be another two units counted towards the goal of 800 residential units in eight years. DATA, ANALYSIS, AND STRATEGIES The City of Waterloo adopted the Infill Policy standards to help develop empty parcels of lands in older neighborhoods for added investment and add denisity/infill to neighborhoods already served by all needed infrastructure as part of the City's Smart Growth goals and policies. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuisance/Housing Bonds. Total expenditure is $10,000.00 ($5,000.00 per unit). Page 347 of 425 ALTERNATIVE ACTION LEGAL DESCRIPTION Hammond Hills Sixth Addition, Lot 143, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Development Agreement 2. Exhibit B - House Drawings 3. Map Page 348 of 425 Preparer: Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023 by and between Babic Properties, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a duplex dwelling and related improvements on property located in the City of Waterloo as an infill lot in an established residential neighborhood, as described on Exhibit "A" attached hereto (the "Property"). B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) is being undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Property Preparation. Company is the owner of the Property. Company shall, at its own expense, demolish any existing structures, remove trees on the Property that will interfere with the improvements (defined below) or construction of same, remove and properly dispose of debris, and otherwise prepare the Property for construction. 2. Improvements by Company. Company shall construct at its own expense on the Property one (1) duplex home as further described and depicted in Exhibit "B" attached hereto. Each home shall consist of no less than 610 square feet on the first floor and 824 square feet on the second floor, include a 266 square foot 1 Page 349 of 425 attached garage, and have an estimated value of $200,000.00 upon completion. The Improvements shall be completed to a finished state, including installation of paved driveway, sidewalk, removal of all construction debris, proper leveling or shaping of groundscape and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the dwelling within four (4) months after receiving title to the Property (the "Project Start Date") and must Substantially Complete construction within fourteen (14) months after the date of this Agreement (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination. If Company does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 14, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of 2 Page 350 of 425 time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 4. Indemnity. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attach to the Property by virtue of Company's ownership of same. A "Lien" is any lien, claim, charge, security interest, mortgage or encumbrance on, against or affecting the Property. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. Incentives. To aid in the Project, City will provide the following incentives: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $10,000.00 (the "Infill Grant") ($5,000.00 for each unit) within ninety (90) days after Improvements have been verified by City as Substantially Completed. B. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company or its successor in title meets all requirements to qualify for such exemption. 7. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would 3 Page 351 of 425 not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 8. Reserved. 9. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project thereon, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. 4 Page 352 of 425 D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its employees, contractors or agents, or any other person who may be about any of the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. 5 Page 353 of 425 13. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 14. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may 6 Page 354 of 425 exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 7 Page 355 of 425 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 4388 Harbin Drive, Waterloo, Iowa 50701, Attention: Manager Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they 8 Page 356 of 425 shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA BABIC PROPERTIES, LLC By: By: Quentin M. Hart, Mayor Vedo Babic, Manager Attest: By: Kelley Felchle, City Clerk Senaid Babic, Manager PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Vedo Babic Senaid Babic 9 Page 357 of 425 EXHIBIT "A" Description of Property Hammond Hills Sixth Addition, Lot 143, Waterloo, Black Hawk County, Iowa 1 Page 358 of 425 See attached. EXHIBIT "B" House Plans 1 Page 359 of 425 w z o_ 0 EC bit 3NI1 AD:13d0Nd ,.0•St I 3NI1 MOV813S .(1-,01. 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M dY] IX)Di1:•l1T.Y:L1-h1AN `L d0 �'�v • { ~ - � C zn c in 11111111i pr . 11' 9'3 ' •UIUUU11EJI II ..J I S-.S r .L-.Z ' ♦.7- r i • fo ,a .S-AL s-1 wit" •r ti �, .. }� .t-r9 .0-r9C 5 �g hErt gg �g ION °hEgillgi VEDO - (319) 230 -1405 V EDOD I SPATCHGMAI L.COM 0 0 J LL 0 Z_ 0 W'' SCALE: 1/4" _ Eg aK J" CC4� FW Ed Page 364 of 425 RAVENWOOD CIR 4.114. Citij of Waterloo, Iowa Page 365 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving a Development Agreement with Babic Properties, LLC, for the construction of a four unit residential building on an infill lot located on Ravenwood Circle south of Ravenwood Road, including a $20,000.00 infill incentive upon substantial completion of said four units, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Babic Properties, LLC is going to construct a 4-unit multiple family building at northeast corner of Ravenwood Circle where it turns northward along the west leg of the north/south portion of the circle, and the building will have an estimated value of $400,000.00. The lot in question is a platted lot and was purchased by the developer in November of 2022. Ravenwood Circle was fully completed in the last nine years and since then a total of 72 new multifamily units have been constructed. The new 4- unit building will utilize existing utilities, such as sewer, water, gas, etc and there is no need to extend utilities. NEIGHBORHOOD IMPACT This will have a positive impact on neighborhood by continued investment in this area, with most of the existing nearby apartment buildings being built in the 1970s. This will also be another four units counted towards the goal of 800 residential units in eight years. After completion of this building, Ravenwood Circle will be fully built out and a total of 78 units will have been added since 2014, which includes the new duplex. DATA, ANALYSIS, AND STRATEGIES The City of Waterloo adopted the Infill Policy standards to help develop empty parcels of lands in older neighborhoods for added investment and add denisity/infill to neighborhoods already served by all needed infrastructure as part of the City's Smart Growth goals and policies. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 366 of 425 SOURCE OF EXPENDITURES Nuisance/Housing Bonds. Total expenditure is $20,000.00 ($5,000.00 per unit). ALTERNATIVE ACTION LEGAL DESCRIPTION Hammond Hills Sixth Addition, Lot 149, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Development Agreement 2. Exhibit B - House Plans 3. Site Plan 4. Aerial Map Page 367 of 425 Preparer: Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023 by and between Babic Properties, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a duplex dwelling and related improvements on property located in the City of Waterloo as an infill lot in an established residential neighborhood, as described on Exhibit "A" attached hereto (the "Property"). B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) is being undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Property Preparation. Company is the owner of the Property. Company shall, at its own expense, demolish any existing structures, remove trees on the Property that will interfere with the improvements (defined below) or construction of same, remove and properly dispose of debris, and otherwise prepare the Property for construction. 2. Improvements by Company. Company shall construct at its own expense on the Property one (1) 4-unit multiple -family building as further described and depicted in Exhibit "B" attached hereto. Each home shall consist of no less than 610 square feet on the first floor and 824 square feet on the second floor, include a 266 1 Page 368 of 425 square foot attached garage, and have an estimated value of $400,000.00 upon completion. The Improvements shall be completed to a finished state, including installation of paved driveway, sidewalk, removal of all construction debris, proper leveling or shaping of groundscape and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the dwelling within four (4) months after receiving title to the Property (the "Project Start Date") and must Substantially Complete construction within fourteen (14) months after the date of this Agreement (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination. If Company does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 14, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of 2 Page 369 of 425 time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 4. Indemnity. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attach to the Property by virtue of Company's ownership of same. A "Lien" is any lien, claim, charge, security interest, mortgage or encumbrance on, against or affecting the Property. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. Incentives. To aid in the Project, City will provide the following incentives: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $20,000.00 (the "Infill Grant") ($5,000.00 for each unit) within ninety (90) days after Improvements have been verified by City as Substantially Completed. B. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company or its successor in title meets all requirements to qualify for such exemption. 7. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would 3 Page 370 of 425 not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 8. Reserved. 9. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project thereon, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. 4 Page 371 of 425 D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its employees, contractors or agents, or any other person who may be about any of the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. 5 Page 372 of 425 13. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 14. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may 6 Page 373 of 425 exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 7 Page 374 of 425 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 4388 Harbin Drive, Waterloo, Iowa 50701, Attention: Manager Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they 8 Page 375 of 425 shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA BABIC PROPERTIES, LLC By: By: Quentin M. Hart, Mayor Vedo Babic, Manager Attest: By: Kelley Felchle, City Clerk Senaid Babic, Manager PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Vedo Babic Senaid Babic 9 Page 376 of 425 EXHIBIT "A" Description of Property Hammond Hills Sixth Addition, Lot 149, Waterloo, Black Hawk County, Iowa 1 Page 377 of 425 See attached. 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L ro --- 10 REAR ELEVATION VEDO 4 - PLEX BUILDING SPAHN & ROSE JESUP, iA 1.19-22 221 LOT #149 RAVENWOOD CIRCLE WATERLOO , IA VEDO - (319) 230 - 1405 VEDODISPATCH@GMAIL.COM THESEPLA4S ARE BEING FURNISHED BY SPAF4N & ROSE LOWER PAPAW BY DRAFTBVEH MO ARE NOT LICENSED ARCIQTECTS OR ENGO EERS.' CONSTRUCTION FROM THESE PLANS SHOULD NOT BE UNDERTAKEN VATNOUTTHE ASSISTANCE OFACONSTRUCTION PROFES51ONAL SPAWN & ROSE LUNEER CO. ASSUMES NO RESPONSI BUY FORSTRUCTURALOHENVOIS IOHAL ERRORS oA 01gss1ONS. THE GENERALCO4TRACFOR A NRIDR OWNER SHALL ASSUME FULL LIABILITY FOR ACTUAL FIELD OBSETNSIOHS. DETMS, CO4sTRUCTIOIN TECHNIQUES, AN4sTRUCTURAL RE44 44ENTS CONFORMING To ALL STATE ARO LOCAL Co DES MO ORDINANCES. &PAM & ROSELUV iERCO.ACCEPTSKO RESPGHSBILHY FORSTRUGTURAL LNTEGRTIYW1OEH SHALL BE THESOLE RESPON5IBUTY OFTHE OWNER AMER CONSTRUCTOR CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EECLUUED. USERS OF THESE PLAIN S UNOE RSTAO AIM AGREE THAT NOWARRANTES NAVE BEEN PROVIDED, ETSPRFSS NOR MITER MT! SPAICN & ROSE LUMBER CO.OECLE[Es ANY AND ALL riim C FOR FAULTY VNDRILAANSFSP, Page 379 of 425 9 5'-4" 12-0" 5'-5 1/2" 5'-5 112" 12-0' r 5'-3112" 5'-3 1/2" / 12'-0" 5`-5 1/2" 5'-S 112" Y 12'-0" / 5'-4" 2" OPTIONAL PRI PANEL BETWEI itACY N PATIOS 2" OPTIONAL. PANEL BE PRIVACY 1NEEN PATIOS 2" 1]j OPTIONAL PRIVACY PANEL BETWEEN PATIOS in 8'-0" t to to CONCRETE PATIO . CONGRwTE PATIO ii> CO iCRE1=PATIO v io '. GONCRcTE PATIO 6'-0' x 5 -0' uy 6'-0' x 5'-0" f 6'-0" x 5 -0' • 6'-0'6 5'-0" ti9A'. ',sagaLNacT1 'ag:4 41l —�YF1 Stititifi�ltififititlr] ma - meMIIVE !ififilll' ' -Iflt] d+I 5'40.45f ! gm.- ,fis ill airri11t13 i+a w [+L r + r it t !iril' 111E a . 1taingi o LIVING _111MMitiRtnititBMlf o ED [' 7�,1{giFitditk;:S'. It ip u b 9 r LIVING FI : I ' 4 .v 4 LIVING r 5' o to .. up a 0 N 4 N LIVING ,k• g KITCHEN/ is « KITCHENI r KITCHEN! s . a e n KITCHEN! DINING DINING «F DINING DINIAISa '' • E k r IR •31 « � _t t.._ -. � r .' � *k ig � --5� --- 36's• .: - L BA3E �� .- �c ab•SI 9A SI BASE ...___,„i , i i , . 9V REFRIG. g 1 24•B.\V tg . - \ _ t�11 24'O.W t t R4'D.W i ww k .., Zo RIM B8ILt1t1 illRtitilltlf8lfifitlllfltltilitifil$$ Lifititifitlllt8ititlt64fl!iritit t4tFltLflltL 1'.1t in i id /Ntit0+I tiTi1 +k81699llliA t6.11!]l it M4Bilititi~' ytitif1+1t819,99fitififLlfitififitlt35.99 illt[AL ( • " in ' r II-/ m �' : 1 :5 01 >n .% a• - - j (0 ,0 u f'Z ,_ .., 11'-O" ' ` 11'-0" 1 3' 3" 3-5 I 3-3" '- :, 11'-0" 11'-0" f 3'-3" 3'-5 �46" �" �, -- OPTIONAL 51/2" ' ' 51/2" Io _ c 5112" ' 51/2" O 6" 51/2" 51/2" :� OPTIONAL Z. - -,-- `o. ' OPTIONAL OPTIONAL `' r _. -' " Q STAIR STAIR -" STORAGE CO I Igo x � (!a io UNDER r. DER m tD $ .V«.. LO w r • (�� 1-STALL. 1-STALL 1-STALL 1-STALL u' STORAGE STORAGE ® f�J� GARAGE GARAGE GARAGE GARAGE -� WATai HEATER .-• WATER HEATER ((} 9t . ; 'itta - WATa(REATER .^yam- y WMEEII(ATER \-^ _. - - 3 36' VANRY ti 36- VA&TIY (Q Q i ? $ .- ,"-, . LD 36' VANSIY 35' VANR'/ MEL • • ��� ! BATH o 4- o , BATH. U y 5 7 o r = a�+� s2 U BATH • Q . BATH' 2 a a. Q O i0 [O -• a o 6 • a a0 y - z t0 . j o _ co o ENTRY O g « O v� o ENTRY F co ENTRY o N L O C ! r .' - O YN o ENTRY R:fYl.VI _--L—. • 2:a WALL ED 'y ID Xi1Ylls;i 2x. tvAL (Q LEFT HANG —need to order— -'� 1 N M io 9' 0' x 7'-0' O.H. DOOR '�-- —4 L ' 9'-0" x 7'-0' O.H. DOOR N m to, — .. - -' RIGHT HAND —b owner— tn �� ~ LEFT HAND —by owner— / .. .. N , co io 9'- 0° x 7'-0" O.H. DOOR ,a y y ya 9'-0" x 7'-0° O.H. DOC R c7 ,__,— tp - RIGHT HAND —byowner - to \ l 3'-3" 1, 6'-9' \ \� 5' 6' 5' 11 1!2" 5-11 1!2" 5'-6" 6'-9" 3'-3" ,: 3'-3' 6'-9" § Ai COVERED PATIO , Q COVERED PATIO 1 I COVERED PATIO 1 0 o I COVERED PATIO 1 `r I I 10'-0" v 1a'a" ,' , 10'-0" : 1a-o '" --- - 11'-4" 11-51/2 11'-51/2" ,, 11'-31/2" ADD DIVIDE WALL BETWEEN THESE 2 UNITS 111-31/2" 11'-51/2" 11'-51/2" 11'-4" ✓ 22-9 1/2" 2" 22'-9" 2" 22'-9" 2" 22'-9 1/2" 2" 2' 2" 91'-7" TYPICAL 2 x 6 EXTERIOR WALL: HORIZONTAL SIDING (TSB SHEATHING 92 518' -2 x 6 STUDS Q 16' o.c. R-21 BATT INSULATION 6 roll POLY V.B. 112' DRYWALL: TAPED a SANDED MAIN FLOOR PLAN VEDO 4 — PLEX BUILDING SCALE: 1/4" = 1'-0" SPAHN & ROSE JESUP, IA 19-22-22 EACH UNIT: MAIN FLOOR -- 610 SQ.FT. GARAGE - 266 SQ. FT. NOTE: EXTERIOR WALL DIMENSIONS ARE TO OUTSIDE EDGE OF FRAMING AND 1/2' SHEATHING NOTE' PROVIDE ATTIC ACCESS & FLUE CHASES AS REQ'D LOT #149 RAVENWOOD CIRCLE WATERLOO , IA VEDO -(319)230 -1405 VEDODISPATCH@GMAIL.COM THESE PLANS AREUEE1G FURNISHED BYSPAHR & ROSE LUMBER COMPANY BY DRAFTSMEN WHO ARE NOT LICENSED ARCHITECTS OR ENGINEERS. CONSTRUCIIDN FROM THESE PLAIDS SHDUTD ROT BE UNOERTAKENVRTHOUCTHEASSISTANCE OF ACDNSTRUCnO`1 PROFESS,ONAL SPA1iN& ROSE LUMBER CO. ASSUMES NO RESPDNSSILLY FORSTRUCTURAL OR DIMENSIONAL ERRUR56ROA1SSANS. THE GENERA. CONTRACTOR M010R OWNER SHALL ASSUME FULL LL4B!LITY FOR ACTUAL FIELD DIMENSIONS, DETARS, CONSTRUCTION TECHNIQUES, AND BTRUCTURAL REQUIRENEIRS CONFERVING TO ALL STATE AND LOCAL CODES AND ORDINANCES, SPAHN & ROSE LUMBER Co. ACCEPTS NO RESPOJSIBIUTY FOR STRUCTURAL WE DIRTY WHICFt SHALL BETHE SOLE RESPONSIEILNY OF THE O'A'NER ANOP3R CONSTRUCTOR CONSEQUENTNC DAMAGES ME SPECIFICALLY EXCLUDED. USERS OF THESE PLANS UNDERSTAND MD AGREE THAT NO WARRANTIES HAVE BEEN PROVIDED, ExPRES81'DR IMPLIED AND SPANN & ROSE LUMBER OD, DECLIIJ ES A0Y ANO ALL CLANS FOR FAULTY WORKILW SHIP. Page 380 of 425 s 91'-7" 22'-9 1/2" 22'-9„ 22'-9" 22'-9 1/2" 11'-3 114" 5'-3 1/2" 3'-0° ; 5'-0" 5'-11 3/4" /r 3 112" 5'-8 3/4" 2" 11'-2 3/4" 11'-2 3/4" 11'-2 3/4" 2" 11'-2 3/4" 3'-0" x 5'-0" 5'-6" 3 1/2" 5'-5 31/32" " 5'-8 25/32" 5'-1 1 23/32" 3'-0" x 5:0" 5'-3 1/32" 3'-0" $ 5'-0" 2" 5'-3" 5'-0° 5'-11 3/4" // 3 1/2" 5'-8 3/4" 11'-2 314" x 5'-0" 5'-6" 2" 5'-6" 11'-2 3/4" 3'-0"r. 5 -G" 5'-8 3/4" // 11'-3 1/4" 3 1/2" 5'-11 3/4" 5°-3 1/2" 3'-0" X 5'-0" EGRESS O M 32" x 60" TUB/SHOWEF 51212iSiIi7lfiflIi!' 32"x60" RIB/SHOWEF ar 6'-2" 32"xCO" TUB/SHOW a Ktiti4litiM d Slititdiliteit 1.'4!ifit'ti�ilr ♦t� Lamm, •IiI1I/1lIltitilitit+IlfilLitiflll2littlifil titil 6 i11 Mffi 44r55 41,8. 6886 ♦li i F' i UititwYtifill'd t1}r 3'-0" 51-0" 6,-9„ 6'-0" x 5'-0° 6'-9 1/2" 1 6'-O" 22'-91/2" 6'-0" x 6'-9 1/2" 22'-9" 6,_9« 4'-0" 3'-1" 3'-0":Y 4'-0" T-3" 6'-9" / 6'-0" x 5'--0" 6-9 1/2" I. 6'-0" 22'-9" 6`-0" X 5'-0' 5'-11 31/32" 6'-9 1/2" 22'-9 1/2" 6'-9„ 3'-O" 5'-0" 3'-3" 2„ 91'-7" TYPICAL 2 x 6 EXTERIOR WALL: HORIZONTAL SIDING OSB SHEATHING 92 518" - 2 x 6 STUDS Q 16" G.C. R-21 BATT INSULATION 6 rm1I POLY V.B. 112" DRYWALL; TAPED & SANDED SECOND FLOOR PLAN VEDO 4 — PLEX BUILDING SCALE: 1/4" - 11-0" SPAHN & ROSE JESUP, IA i 1-22-22 SECOND FLOOR -- 824 SQ.FT. -- EACH UNIT NOTE: EXTERIOR WALL DIMENSIONS ARE TO OUTSIDE EDGE OF FRAMING AND 112" SHEATHING VEDO - (319) 230 -1405 VEDODISPATCH@GMAIL.COM LOT #149 RAVENWOOD CIRCLE WATERLOO , IA THESE PLANS ARE BEING FURNISHED BY SPAHN & ROSE LUMBER COMPANY BY DRAFTSMEN WHO ARE NOT UCENSED ARCHITECTS OR ENGINEERS. CONSTRUCTION FROM THESE FRANS SHOULD NOT BE UNDERTAKEN YEDIDUT THE ASSISTANCE OF A CONSTRUCTION PROFESSIONAL SPAHN & ROSE LUMBER CO. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. THE GENERAL CONTRACTOR AND/OR OWNER SHALL ASSUME FULL LIABILITYFOR ACTUAL FIELD DIMENSIONS, DETAILS, CONSTRUCTION TECHNIQUES, AND STRUCTURAL REQUIREMENTS CONFORMING TO ALL STATE AND LOCAL CODES AND ORDINANCES. SPAHN & ROSE LUMBER CO. ACCEPTS NO RESPONSIBILITY FOR STRUCTURAL INTEGRLTY WHICH SHALL BE THE SOLE RESFONslimily OF THE DINNER AMC R CONSTRUCTOR, CONSEQUENTLY. DAMAGES ARE SPECIFICALLY EXCLUDED. USERS OF THESE PLANS UNDERSTAND AND AGREE THAT NO WARRANTIES HAVE BEEN PROVIDED, EXPRESS NCR IMPLIED AND SPANN & ROSE LUMBER CO. DECLINES ANY AND ALL CLANS FOR FAULTY WORKMANSIEP. NOTE: PROVIDE ATTIC ACCESS & FLUE CHASES AS REQ'D Page 381 of 425 9 V-7' 8" x 48° POURED CONCRETE FOUNDATION WALL W/ 16' x 8" REIN. CONC. FTG. 8" x48" POURED CONCRETE FOUNDATION WALL WI 16' x 8" REIN. CONC. FTG. r x 48" POURED CONCRETE FOUNDATION WALL W/ 16' x 8" REIN. CONC. FTG. r 8° x 48" POURED CONCRETE FOUNDATION WALL W/ 16" x 8" REIN. CONC. FTG. 21-2 1/2' O •2,-D 20'-11" p••a a-' z2'-6i , 20'-11" y • :' ,2 Y 21'-21/2" 84 . to, ' 10'-0" ! LIVING g, d n �,tl: P' p64 ' ➢vo 24° x 12' CONCRETE .SPREAD FOOTING for BEARING WALLS ABOVE LIVING Ate, 4 B., a' `' ac•,`• d 4D 4T. , 6 •4 S e➢. v TqA• 4, a�, 6. v0',,• 0. d �' D' A a , 6 �,, D "1' ....di. ., -4/ 24" x 12' CONCRETE SPREAD FOOTING BEARING WALLS ro 9'-8112' for ABOVE LIVING ,ate• .} ,a' i�4•,° • a 24" x 12' CONCRETE SPREAD FOOTING for BEARING WALLS ABOVE LIVING t I in �=I 31.L .L1` y11�1�,�,yy y,1,if L.m TliPN ��G ar ‘y ° :''r! v'o 4 .L .LLi `yyrrglt: co NZ T M`L liymy,, VT F a•D r 6 "' b i$L, II°e`Dl{may ISv. aµir` ea, `LIII �11 m *I F� rr I 1 1 I a Ji- L. ....... 11 l �r—ti�F�' ° 11 1 �L_ �dff r _ .JL ° '. a-.4 y ". O ��j rr 1r _z IT---q 1 11 ° 1 I I i IIu �L_L 1- 1,,- •v7 ., k,_ — — —� rr Zr �i` +i I I I B I .---I -I Jam° u °y4 j t-v-�.�-J l.....' Q J. p' D d' 4' t �' �—^fir ^--i 1 Ilr iio r I 1 '1, iI jL-I- I- L _ _ J 4d • "Q,o-. P�"v s • I"Q Q. is �,_,. a ♦ VG i• Y' c ^ �+ °API Y -. n• , v'i,e Yy�• • • V',..Ia ' a rQ �. A; ., • , 1n• Va ) % % r ' 10'-6 112" 6 4 .Dv ?2 10`-6 112' i h' °! 10'-0" 4 %, 10`-61i2" a 7•{ 10`-61/2"9 AL' 9`-$ 1/2" $p `r-"�' ^ 1 . IIJ, ,a • •e 84 'I -STALL, r a �•4 4. •a A ',I. 1eq P. e ' °' 1-STALL i ° ' n°, 8 l[f 't__-�' �— __ CRETE' DOTING ALL NCRETE-_„� OTING ALLS for ABOVE for ABOVE a�' AA a ,. 'd v- 4•'"'4, v ° ' °. 1:'::`!"a 6 `�' 4 1; D , 1 }a. ° a,a e',°y .1' b,•i>_^ ,, I. �16" SPREAD BEARING x 6° COP FOOTING %RNLLABOVE 19 0- — _'—'� -�` • T 'C �,. • S° 1-STALL � °D. ° } Se a' ., 'c i 1-STALL ° .• 8e JF p +F_m 3,S"I 3''3' -QOTING WALL tip for ABOVE i f `` LI ifj 1'i' r _ , GARAGE.� ... 6,•4 GARAGE ' f'i F., I, it L -I 'I4; S'1, 't — i ° , GARAGE a9. • a GARAGE ` �I,;;II _ i` 16L4 4G for `` - ABOVE "i3 f.F _,SL • ' .° 'G • ° ' Cal (�• 24° x SPREAD BEARING 9,0"x7'-O 12° CONCRETE�!''> FOOTING for WALLS ABOVE 0.H.DOOR • ,�" �A v 6.65 ,' 4' • P•'a' 1 ° • m , 4•;,, .. `•i A'."II "d'>Sl v 4.•3. a 9-0"x7'-0"OH.DOOR ' .>^` e °, ' !!�L` { S n---' 16" x 8" C• SPREAD F BEARING 24" x 12° C , SPREAD FI j' ,, BEARING -r-1 S�LM 1 CRETE " for ` »�D l '1y 1--y'-'r'1 ` • I'' i �G. ° ' • ' ° "6 -i 24" x SPREAD BEARING •-07QM.f0OR 12" CONCRETE,,,,__; FOOTING for WALLS ABOVE , d sa, i', ' Tr' 4',° ,•,e.r D F' s 4 q,Sa. a' N4,"°• 6 xa ' - 7 Cal N 9-0x70,H.DCR , } - ��� 1 ?,' ' `?6L �� ; `I ' 1fi' x 8" CONCRETE SPREAD BEARING W � ` i•°v-+l - ""`" ----- _o"""-�.V___ ' . '1 • • • •' /j--- L 16 x 8 CONCRETE SPREAD BEARING FOOTI WALL "oo cot in 6°• FROST PROMOTED STOOP • ' 4 10'-0° 5'•6" 8" x 48" POURED CONCRETE FOUNDATION WALL W! 16° x 8° REIN. CONC. FTG. 12"-1" j, 6-6" 25-9' PROSY PROTECSED STOOP 25'-9' 8° x48" POURED CONCRETE FOUNDATION WALL W/ 16' x 8" REIN. CONG. FTG. C • ° Jh 10'-0" 11-4" 233'-1" 22'-9° 23'-1° 11'-4" 91'-7° TYPICAL BASEMENT FLOOR: 4' CONCRETE SLAB chv MESH REINFORCEMENT AS RED'D 6 mll POLY VAPOR BARRIER COMPACTED GRANULAR FILL NOTE: PROVIDE FURRING & LNSULATION AS REQ'D BY LOCAL CODE NOTE: STUB IN PLUMBING FOR FUTURE BATH AS REQ'D FOUNDATION PLAN VEDO 4 — PLEX BUILDING SCALE: 1/4" 1'-0" SPAHN & ROSE JESUP, IA 11-22-22 LOT#149 RAVENWOOD CIRCLE WATERLOO , IA VEDO - (319) 230 - 1405 VEDODISPATCH@GMAIL.COM THESE PLANS ARE BEING FURNISHED BY SPAHN dL ROSE LUMBER CS+PAYY BY MAMMY WHO ARE NOT LICERSES ARCHITECTS OR EN05NEERS. CONSTRUCTION FROM THESE PLANS SROULD NOT RE UNDERTAKEN VATHOUT THE ASSSSTANCEOFA CONSTRUCTION PROF ESSjoNAL SPAHN b ROSELUNBER Co. ASSUPES NO RESPONSIREMY FORSTRUCTURAL ORUNAENSSONAL ERRORS OR MISSIONS. THE GENERAL CONTRACTOR AVD'OR OWNER EMU. ASSUVE FULL LIABILITY FOR ACTUAL FLEW INVERSIONS, OETARS, CONSTRUCTION TECFNIQUES, NM STRUCTURAL REQUIREMENTS c ISFCRNLSO TO ALLSTATE AM::. LOCAL Co DES AND WIG:NAY:CEs, spAIQI 6 ROSE LUMER CO, ACCEPTS NO RESF ONEFBI ITY FOR STRUCTURAL BfLEOR15YMal SHALL BE THE SOLE RESPONSBELLY OF TIE O'AT:ER ArrEa"TJR CONSTRUCTOR CONSERUELMAL DAMAGES ARE SpECWTICALLY EXCLUDED. US ERS oP THESE PLAYS UNOERSTAN'D MO AGREE THAT SOWARRAV11Es HAVE B EEN PROVIDED, EGRESS NoRLS'PUED AN CSPAIIN &ROSE W MFR CO. DECURES AWARD ALL CLAMS FOR FAVLTY WDRWWA•1SHIP. 8" x FOU 16'r 8" POURED CONCRETE DATION WALL W/ 8° REIN. CONC• FTG. Page 382 of 425 c= 33LO" v o Ixi to v co 18" DEEP FLOOR TRUSSES `) �0 • _ d 16 RISERS 15TREADS ,� �I , � � 1 ? co os 0 rlii 11f4" x F x 0 5'-11" 12'-0" r U 3 1/2" CLOSET 3 1/2" LIVING ROOM ' 6 -0" 10" / r d d �' - -d ?. e. o- d p- d • u . • d y. A- n A p d. .. ' -A . - d . b - 6 a ` . - •. ' -A 1 ��• v� Q U ...t... = • ab E Qi ''''.3• QO\ ti 0` 38'-0" VEDO 4 - PLEX BUILDING STAIR SECTION SPAHN & ROSE JESUP, IA LOT #149 RAVENWOOD CIRCLE WATERLOO , IA VEDO - (319) 230 -1405 VEDODISPATCH@GMAIL.COM THESE PLANS ARE BEING FURNISHED BY SPAHN & ROSE LUMBER COMPANY BY DRAFTSMEN WHO ARE NOT LICENSED ARCHITECTS OR ENGINEERS. CONSTRUCTION FROM THESE PLANS SHOULD NOT BE UNDERTAKEN WITHOUT THE ASSISTANCE OF A CONSTRUCTION PROFESSIONAL. SPAHN & ROSE LUMBER CO. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. THE GENERAL CONTRACTOR ANDIOR OWNER SHALL ASSUME FULL LIABILITY FOR ACTUAL FIELD DIMENSIONS, DETAILS, CONSTRUCTION TECHNIQUES, AND STRUCTURAL REQUIREMENTS CONFORMING TO ALL STATE AND LOCAL CODES AND ORDINANCES. SPAHN & ROSE LUMBER CO. ACCEPTS NO RESPONSIBILITY FOR STRUCTURAL INTEGRITY WHICH SHALL BE THE SOLE RESPONSIBILITY OF THE OWNER AND/OR CONSTRUCTOR. CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED, USERS OF THESE PLANS UNDERSTAND AND AGREE THAT NO WARRANTIES HAVE BEEN PROVIDED, EXPRESS NOR IMPLIED AND SPAHN & ROSE LUMBER CO. DECLINES ANY AND ALL CLAIMS FOR FAULTY WORKMANSHIP. Page 383 of 425 ASPHALT SHINGL m 0. 7.1 cc U 00 �— Z ul x Z pm Lis OW won e° <JU wzce am0 codz 0 Zoo Z NIi0 re re 2 1 w O m� m a CONTINUOUS EAVES PROTECTION CEILING LINE w 0 LL1 OW CLO 0 a z o 44 SMRUSZSZSZ pSZSZSZSZSZSZSZSZSZSZSZ2( V 0 _ q ?yio -3a a W0° Y—m 0 p 6 r 0z wwa c) LLi (Low ww- Jim � C4,- 0 Ce 0 z z 00 0 Z 0J Ix W Lig 00 wz Ito 00 LL ii. 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Q • Z Z 7te v]"Ax. 5 tri z O Uj w aazn pcc °.�wwo2 Z W: V a zQ �a�w ia �Dw OI Z0O°Ia 0 w �Uo 0 Lai) < u_ LtJ - zOO pp za di z Oz �tsC�T dl- a�z a gzwuj0QIX O O w W� O W Z 2 W u ¢iazZ�¢ Q-i WO-0 W ¢ 0Z 6Zo) IL u x�aEU �Qzra -4• 0 dwn WU wZ' -Jw0a Q b w <C 0 00 0 1I--'� Oazz< z0 wz�> WNW-J"uWOW z Z EtD a U ❑ a0u- d LL co Dui z� �aowD �� ov,c� mE6o¢iogW J n r-• wz�r pus au E- • Vj Waju)50) wztoo0FYw❑ Page 385 of 425 OOD CNCLE PROPERTY LINE 30'-01L O Ev LL() co PROPOSF.S3 L MNG AREA PROPOSED GARAGE PROPERTY LINE 10'-0" SETBACK LINE OPT1PHN.PRNACY PANEL BETWEEN PATIOS PROPOSED GARAGE TYINRL PRIVACY PANELBETLYfEE PATIOS 30-0" SETBACK LINE PROPOSED LN6jtG AREA PROPOSED GARAGE LOT #149 HAMMOND HILLS SIXTH ADDITION WATERLOO, IA PROPERTY LINE RAVENWOOD C NUE OPTIONAL. PRNAcY PANED. BEM£EN PA€i05 PROPOSED GARAGE PROPOSED LMNG AREA 9 8`_OB Page 386 of 425 SHEET NO. C.100 INDEX OF SHEETS DESCRIPTION TITLE SHEET, SYMBOLS, LEGEND AND GENERAL INFORMATION C.200 SITE LAYOUT AND UTILITIES C.300 GRADING & LANDSCAPE PLAN VICINITY MAP NOT TO SCALE Sioux City Mason City I-35/ Wa rloo PROJECT _OCATION Ames Des Moines Council Bluffs Marshalltown D buque Cedar Rapids 1-80 Davenport Burlington LOCATION MAP LEGEND EXISTING • 4 erxieeTh SITN PROPOSED EVERGREEN TREE DECIDUOUS TREE FRUIT TREE 56 SHRUBS (BUSHES) TREE LINE SIGN (TYPE AS NOTED) O — —0— — TILE OUTLET DRAINAGE WAY EDGE OF WATER e--e--�� SILT FENCE CONTOUR LINE 9 W(*) I< Il o W A SPOT ELEVATION BUILDING WATERLINE WATER VALVE FIRE HYDRANT WATER METER CURB STOP YARD HYDRANT San(`)---- ----San---- SANITARY SEWER LINE SIS (*)---- ---- StS ---- STORM SEWER LINE - DT ---- ---- DT ---- DRAIN TILE SD ---- ---- SD ---- SUBDRAIN ® O MANHOLE CLEANOUT BEEHIVE INTAKE GAS LINE GAS VALVE © GAS METER E (`)---- E BURIED ELECTRICAL LINE STREET LIGHT ▪ LUMINAIRE ® ELECTRICAL BOX/TRANSFORMER FO(*)---- FO• FIBER OPTICS LINE • FIBER OPTICS BOX F� FO FIBER PEDESTAL TM) ---- T TELEPHONE LINE s - - TELEPHONE POLE Q Q TELEPHONE PEDESTAL ❑T ▪ TELEPHONE BOX ® © CABLE TELEVISION LINE 1V(*)---- •--• TELEVISION PEDESTAL rv❑ TELEVISION BOX G (`) I< G H EXISTING PROPOSED — - - — SECTION/R.0. W. LINE BOUNDARY LINE PROPERTY LINE — — EASEMENT LINE SETBACK LINE • R.O.W. RAIL OR LOT CORNER ▪ CONCRETE MONUMENT A GOVERNMENT CORNER MONUMENT 0 PARCEL OR LOT CORNER MONUMENT TEMP. CONSTRUCTION EASEMENT CORNER $ SURVEY CONTROL POINT UTILITY COMPANIES THE FOLLOWING UTILITIES ARE PRESENT ON THIS PROJECT CENTURY LINK SADIE HULL 918-547-0147 MEDIACOM BRIAN KADNER 845-544-9656 MIDAMERICAN ENERGY (GAS & ELECTRIC) JORDYN WEBER 319-291-4728 CITY OF WATERLOO WMSD BRITTNEY HOYER 319-291-4553 CITY OF WATERLOO WATERWORKS CHAD COON 319-232-6280 CITY OF WATERLOO ENGINEERING DEPARTMENT JAMIE KNUTSON 319-291-4312 NOTE: TYPICAL DEPTH OF COVER ON WATERMAIN PIPE IN WATERLOO IS 6 FT. UNDERGROUND STRUCTURES, FACILITIES, AND UTILITIES HAVE BEEN PLATTED FROM AVAILABLE SURVEYS, RECORDS AND DEEDS. THEREFORE THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE ONLY. THERE MAY BE OTHERS, THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN. NOTES: 1. ALL UNDERGROUND UTILITIES ON THIS SITE HAVE BEEN LOCATED AT ASCE LEVEL C OR D SURVEY QUALITY. 2. UTILITY LINETYPES WITH A QUALITY LEVEL INDICATOR (*) HAVE BEEN LOCATED PER THE FOLLOWING ASCE STANDARD GUIDELINE FOR THE COLLECTION & DEPICTION OF EXISTING SUBSURFACE UTILITY DATA" : (A) - PRECISE HORIZONTAL & VERTICAL LOCATION OF UTILITIES OBTAINED BY THE ACTUAL EXPOSURE (OR VERIFICATION OF PREVIOUSLY EXPOSED & SURVEYED UTILITIES) & SUBSEQUENT MEASUREMENT OF SUBSURFACE UTILITIES, USUALLY AT A SPECIFIC POINT. MINIMALLY INTRUSIVE EXCAVATION EQUIPMENT IS TYPICALLY USED TO MINIMIZE THE POTENTIAL FOR UTILITY DAMAGE. A PRECISE HORIZONTAL & VERTICAL LOCATION, AS WELL AS OTHER UTILITY ATTRIBUTES, IS SHOWN ON PLAN DOCUMENTS. ACCURACY IS TYPICALLY SET TO 15- MM VERTICAL & TO APPLICABLE HORIZONTAL SURVEY & MAPPING ACCURACY AS DEFINED OR EXPECTED BY THE PROJECT OWNER. (B)-INFORMATION OBTAINED THROUGH THE APPLICATION OF APPROPRIATE SURFACE GEOPHYSICAL METHODS TO DETERMINE THE EXISTENCE & APPROXIMATE HORIZONTAL POSITION OF SUBSURFACE UTILITIES. QUALITY LEVEL B DATA SHOULD BE REPRODUCIBLE BY SURFACE GEOPHYSICS AT ANY POINT OF THEIR DEPICTION. THIS INFORMATION IS SURVEYED TO APPLICABLE TOLERANCES DEFINED BY THE PROJECT & REDUCED ONTO PLAN DOCUMENTS. (C)-INFORMATION OBTAINED BY SURVEYING & PLOTTING VISIBLE ABOVE -GROUND UTILITY FEATURES & BY USING PROFESSIONAL JUDGEMENT IN CORRELATING THIS INFORMATION TO QUALITY LEVEL D INFORMATION. (D)- INFORMATION DERIVED FROM EXISTING RECORDS OR ORAL RECOLLECTIONS. BABIC PROPERTIES 4-PLEX 3665, 3667, 3669, 3671 RAVENWOOD CIRCLE WATERLOO, IOWA WORK AND MATERIALS SHALL BE IN ACCORDANCE WITH THE IOWA STATEWIDE URBAN STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, 2022 EDITION (SUDAS) AND THE CITY OF WATERLOO STANDARD SPECIFICATIONS LEGAL DESCRIPTION LOT 149, HAMMOND HILLS SIXTH ADDITION, WATERLOO, BLACK HAWK COUNTY, IOWA PROPOSED USE MULTI -FAMILY OWNER OF RECORD: BABIC PROPERTIES, LLC 4388 HARBIN DRIVE WATERLOO, IOWA 50701 SITE PLAN PREPARED BY: PROJECT MANAGER: LARY KOOSMANN CLAPSADDLE-GARBER ASSOCIATES, INC 5106 NORDIC DRIVE CEDAR FALLS, IOWA 50613 PH 319-266-0258 lArVVVV.CGACONSULTANTS.COM DATE OF PREPARATION: APRIL 2023 FIELD WORK COMPLETED: APRIL 2023 CGA Clapsaddle-Garber Associates, Inc 5106 Nordic Dr. Cedar Falls, Iowa 50613 Phone 319-266-0258 www.cgaconsultants.com I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Iowa Libe6$e KIJr My license renew Pages or sheets covered by this seal: CGA PROJECT NO. 23-DS-0008 SHEET C.100 Page 387 of 425 -W(D) N (D) W)D O 30.00' 0 N PROPERTY LINE 13.33' - 4* 3.08' 10' SETBACK ml 8' UTILITY EASEMENT 26.75' 1- 3.08' ® Ha - 13.33' PROPERTY LINE 30' SETBACK 30.19' SANITARY CLEANOUT FL = 922.22 GID) } 1� s(s---4- CID)- sis T - 1 G(D)- a M San 30' SETBACK G(D) ■ nkan -W(D) NED) - EXISTING WATER MAIN y ,B, 91.58' EXISITNG 30' SETBACK PROPOSED 4 PLEX 8' PROPOSED SETBACK 98 LF - 6 INCH HDPE PIPE @ 0.50% - 67 LF - 6 INCH SANITARY SERVICE PIPE @ % 0 0 25.75' (TYP) I I I 1 1 I I I I I - _t_sls _I-L_ss+ ---s)s sls- ®TYP. I I 0 J-san-++-- SallI -- --San San• 23.00' 23' (TYP) I I GM) ! GA ( D) GID) STORM WATER OUTLET WITH RODENT GUARD FL = 927.29 I I I I ▪ I I SANITARY CLEANOUT FL = 921.42 sts- I I 1-San , a I \ola j I nin NM) W(D) - -W(D)-1--- -W(D) -- -W(D) Vy TYP. RAVENWOOD CIRCLE 17.11' 29 (TYP) MD) - -1rt-‘(D) PROPERTY LINE G(u) E(D) cb G(D) G(D) E(D)- - lot ----- 67 LF - 6 INCH SANITARY SERVICE PIPE @ 1% EXISTING SANITARY SEWER MAIN San(D) san(D) San(0) San(0) EXISTING SANITARY MANHOLE RIM = 930.44 FL OUT (8 INCH) = 921.54 samEl-- i San(3) REMOVE AND REPLACE EXISTING SIDEWALK WITH 4 INCH PCC SIDEWALK San(D) san(D) San(0) san)D) SANITARY SERVICE CONNECTION APPROXIMATE FL = 920.76 (FIELD VERIFY) ;IIII II ol� � III I TYPE B CLEANOUT I I I APPROXIMATE FL = 926.80 REMOVE TO NEAREST JOINT LINE OR MID PANEL 60 LF - 6 INCH HDPE PIPE @ 0.50% EXISTING STORM SEWER z ss(D) SIS(D) CONNECT TO EXISTING MANHOLE APPROXIMATE FL IN = 926.50 San)D) SanlD)- EXISTING STORM MANHOLE RIM = 930.345 FL OUT = 926.17 TRAFFIC CONTROL NOTES 1. ALL TRAFFIC CONTROL DEVICES & BARRIERS SHALL BE FURNISHED, ERECTED, MAINTAINED, & REMOVED BY THE CONTRACTOR. 2. PROPOSED CHANGES TO THE TRAFFIC CONTROL PLAN SHALL BE REVIEWED WITH THE ENGINEER BEFORE CHANGES ARE MADE. 3. ACCESS TO NEIGHBORING BUILDINGS SHALL BE MAINTAINED AT ALL TIMES. 4. ALL UTILITY WORK WITHIN THE PUBLIC R.O.W. SHALL CONFORM TO THE CITY OF WATERLOO STANDARDS & THE CURRENT ADDITION OF THE MUTCD. 5. TWO-WAY TRAFFIC SHALL BE MAINTAINED AT ALL TIMES ALONG RAVENWOOD CIRCLE. 6. THE CONTRACTOR SHALL USE CARE WHEN WORKING UNDER/OVER/AROUND ELECTRICAL LINES. 7. FLASHING OR STEADY BURN WARNING LIGHTS ARE REQUIRED ON TYPE II BARRICADES FOR OVERNIGHT CLOSURES. 8. WORK AREA MUST BE ENCLOSED WITH BARRICADES, FENCING, OR A COMBINATION OF THE TWO. GENERAL LAYOUT NOTES: 1. ALL DIMENSIONS ARE TO BACK OF CURB UNLESS OTHERWISE NOTED. 2. ALL WORK SHALL BE IN ACCORDANCE WITH OSHA CODES & STANDARDS. NOTHING INDICATED ON THESE DRAWINGS SHALL RELIEVE THE CONTRACTOR FROM COMPLYING WITH APPROPRIATE SAFETY REGULATIONS. 3. ALL DISTURBED AREAS SHALL BE SEEDED, FERTILIZED & MULCHED UNLESS OTHERWISE NOTED IN PLANS. REFER TO LANDSCAPING PLAN. 4. ANY DAMAGE TO THE PAVEMENT NOT SHOWN FOR REMOVAL ON THE PLANS DUE TO CONSTRUCTION ACTIVITIES SHALL BE REPAIRED AT THE CONTRACTORS EXPENSE. ALL EFFORTS SHALL BE MADE TO NOT DISTURB EXISTING PAVEMENT. 5. COORDINATE GAS, ELECTRIC, TELEPHONE, & FIBER OPTIC WITH RESPECTIVE UTILITY COMPANIES. 6. ALL CONSTRUCTION MATERIALS, DUMPSTERS, DETACHED TRAILERS, OR SIMILAR ITEMS ARE PROHIBITED ON PUBLIC STREETS OR WITHIN PUBLIC RIGHT-OF-WAY. CONSTRUCTION NOTES: • • INSTALL 4" COPPER SERVICE WITH CURB STOP. LIVE TAP 3/4" WATER SERVICE TO EXISTING WATER MAIN PER CITY OF WATERLOO WATER WORKS SPECIFICATIONS. INSTALL 6" SANITARY SEWER SERVICE. SLOPE MUST BE 1 % OR GREATER CONNECT 6" SANITARY SEWER SERVICE TO EXISTING SANITARY SEWER MAIN PER CITY OF WATERLOO SPECIFICATIONS. FIELD VERIFY FLOWLINE PRIOR TO ORDERING PIPE. INSTALL SANITARY SEWER CLEANOUT PER SUDAS STANDARD DETAIL 4010.203 INSTALL TYPE B STORM SEWER CLEANOUT, PER SUDAS STANDARD DETAIL 404.232 CONNECT TO EXISTING STORM SEWER STRUCTURE PER CITY OF WATERLOO AND SUDAS STANDARDS. REMOVE AND REPLACE 15 FOOT WIDE PAVEMENT STRIP ACROSS RAVENWOOD CIRCLE TO INSTALL SANITARY SEWER SERVICE AND CONNECT DETENTION OUTLET TO EXISTING STORM STRUCTURE. BACKFILL TRENCH WITH GRANULAR MATERIAL WITHIN THE ROADWAY TO THE SUBGRADE OF THE PAVEMENT, THEN UTILIZE 6 INCH MODIFIED SUBBASE AND PCC THE SAME THICKNESS AS THE EXISTING ROADWAY PAVEMENT. INSTALL 6" PCC DRIVEWAY WITH A TYPE A APPROACH WITH FLARES AS SHOWN IN SUDAS STANDARD DETAIL 7030.101. GRIND OR CUT EXISTING CURB TO ATTAIN A 1.5 INCH DROP. 4' SIDEWALK - SIDEWALK THROUGH DRIVEWAY AND ON THE CORNER TO BE 6 INCH. ALL OTHER SIDEWALK TO BE 4 INCH MINIMUM COVERED 4 INCH THICK PCC PATIO (10 FOOT X 4 FOOT). REFER TO ARCHITECTURAL PLANS. 4 INCH THICK PCC PATIO (6 FOOT X 8 FOOT). REFER TO ARCHITECTURAL PLANS. COORDINATE ALL NECESSARY NON CITY SERVICE CONNECTIONS WITH THE RESPECTIVE UTILITY. PROPOSED SIDEWALK LANDING RS: 0.1 % -2.0% CS: 0.1%-2.0% PROPOSED SIDEWALK RS: 0.1%-5.0% CS: 0.1%-2.0% RS=RUNNING SLOPE CS=CROSS SLOPE *CONTROLLED INTERSECTION CROSS SLOPE IS 2% MAX UNCONTROLLED INTERSECTIONS CROSS SLOPE IS 5% MAX GENERAL UTILITY NOTES: 1. ONE WEEK PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL NOTIFY THE CITY OF WATERLOO. 2. ALL SITE UTILITIES SHALL BE BROUGHT WITHIN 5' OF THE BUILDING TO CONNECT TO PLUMBING CONTRACTORS WORK 3. COORDINATE GAS, ELECTRIC, TELEPHONE AND FIBER OPTIC SERVICE WITH RESPECTIVE UTILITY COMPANIES. COSTS ASSOCIATED WITH RELOCATING THESE UTILITIES ON THE PUBLIC SIDE OF THE METER/BUILDING DEMARCATION POINT FOR THE PURPOSES OF CONSTRUCTION SHALL BE BY THE OWNER. COSTS FOR RELOCATING THESE UTILITIES ON THE PRIVATE SIDE OF THE METER/BUILDING DEMARCATION POINT SHALL BE PART OF THE CONTRACTOR'S BASE BID. 4. SEWER FLOW LINES, PIPE MATERIAL, & PIPE SIZES SHALL BE FIELD VERIFIED PRIOR TO INSTALLING PIPE OR ORDERING STRUCTURES. 5. FINAL LOCATION AND SIZE OF UTILITIES SERVICE LINES TO BE DETERMINED BY OWNER. 6. ALL WORK SHALL BE IN ACCORDANCE WITH OSHA CODES & STANDARDS. NOTHING INDICATED ON THESE DRAWINGS SHALL RELIEVE THE CONTRACTOR FROM COMPLYING WITH APPROPRIATE SAFETY REGULATIONS. 7. ALL UNDERGROUND UTILITIES SHALL HAVE TRACER WIRE INSTALLED. GRAPHIC SCALE 0 10' 20' 30' N0. REVISION BY BATE N0. REVISION BY DATE CGA Clapsaddle-Garber Associates, Inc I DESIGNED: #### Toll Free (800)5824981 www.cgaconsultanis.com DATE- #### DRAWN: #### DATE- #### CHECKED: #### DATE- #### APPROVED: #### DATE- #### BABIC PROPERTIES 4-PLEX WATERLOO, IOWA SITE LAYOUT AND UTILITIES PROJECT NO. 23-DS-0008 SHEET NO. C.200 Page 388 of 425 GENERAL GRADING NOTES 1. SLOPES SHALL NOT BE GREATER THAN 3:1 2. GRADE TO DRAIN AWAY FROM ALL BUILDINGS. 3. SIDEWALK CROSS SLOPES SHALL NOT EXCEED 2%. CONTRACTOR SHALL TARGET 1.5 % CROSS SLOPE. 4. STRIP TOPSOIL AND RE -SPREAD PER CITY OF WATERLOO STANDARD SPECIFICATIONS LEGEND TOC TOP OF CURB 2.0% PROPOSED SLOPE NOTE: ROCK FILTER BERM CAN BE COVERED WITH DECORATIVE STONE WITH A NOMINAL SIZE OF 25 POUNDS OR GREATER PROPOSED DRAINAGE PATTERN FILTER AGGREGATE FINISHED FLOOR ELEVATIONS FINISHED FLOOR = 931.20 92938 00 APPDXIMATE OVERFLOW / POINT OF DETENTION DURING 500-YR EVENTS - _ 929 1 929 21.2% T 76, 929 18.6% W(D) tee- .60,,a) O`Pry 929.40 (IOC) ROCK FILTER BERM FOR WATER QUALITY TOP OF BERM = 928.25 TOE OF BERM = 927.32 EROSION STONE WATER QUALTIY ROCK FILTER BERM NTS g26 18.4% 18.7% 9, 929 100 YEAR -WATER LIE- 929 / `^ 0 .055, 93 ,g g3A 931.14 930.67 c;\ 930.60 930.67-, 930 931 930 6" OUTLET WITH RODENT GUARD tl 1.0% _ol 930.67 5 931 ar s �p. gY srs� 4 - st p 3 rn 1 I I 929 3 G(D) 0 90 °s 1 I,a 930.61 1I 1931- Os' gb0 I I I ,� 930.61 I I I 930.61 IN 1 14 I I IN �� + I 1 v s f sts srs---t-sts--LL_sst- --sus I I I I ---San San -- --San-++--Sa- 1 I yap I I 0.4^ 93 I I O 93 ,� r(I s'a 4Di C(") age --EP E(0)--`2,t I ' - 00 92 90 Oryg. 9.> I 1 gAo. o 930.67 -\\.s San San 3 � I al sts--- F•G'G-• San 1 o• ml � 3.9 1I 1 I9 s% III 1 I, I I e e I 11 (TOG) rn---w(D)----WID)1- ;fi \(D)---- wID)-- 930.01 �7O ,i,ry9,4O, (1O eB ='930 9A,ACO� 930= (0.07 CJ ` 93p2p 930.25 C� \ 93p.31 93p26 EROSION STONE 9RC)302 (TOG) (roc)- Ooc) TO PREVENT SCOUR O (�I G(o) -E(D)---- (D) RAVENWOOD CIRCLE g30 W(0)----W(D) ---W(D)]f---W(D) -930- 2p UNDERSTORY OVERSTORY OVERSTORY G)D 1 I I sIs---t-s1a--I-L-stst----s(s s(s----Hs(s-�II I I ' 1 San J-- "-++-- San-1-sa2o' £ 1 \I \ \I 'II \j I j j GO) G(D)----- G(D)---- G(�) 30) cml s(o)----� D)1- 4-4G(01) I I I \ I \ <p I ID) W(D)----W(D)1-I---W(D) ----wID) W(D)-- W(D) ;fi `(D) I 3 � I I ' III I 7117 ICI NI IIII I{I II Jr ICI II ol� III II III ml :=2:I E(D) UNDERSTORY - -W(D) W(D) W(D) LANDSCAPE POINTS SCHEDULE DESCRIPTION POINTS/UNIT PR. STREET PR. SITE OVERSTORY TREES 4 INCH CALIPER OR GREATER 100 3 INCH CALIPER OR GREATER 90 2 INCH CALIPER OR GREATER 80 3 3 TREES WITH CALIPER OF MORE THAN 4 INCHES 25 UNDERSTORY TREES 2 INCH CALIPER OR GREATER 40 3 1 1.5 IN CALIPER OR GREATER 30 1 INCH CALIPER OR GREATER 20 SHRUBS 5 GALLON OR GREATER 10 2 GALLON OR GREATER 5 CONIFERS 10 FT HEIGHT OR GREATER 100 8 FT HEIGHT OR GREATER 90 6 FT HEIGHT OR GREATER 80 5 FT HEIGHT OR GREATER 40 4 FT HEIGHT OR GREATER 30 3 FT HEIGHT OR GREATER 20 TOTAL POINTS 360 280 REQUIRED STREET (1.5 POINTS PER LF) 234 LF 351 REQUIRED LANDSCAPING (>35% LANDSCAPE AREA) 0.015 POINTS PER SF (11,700 SF APPROXIMATE DISTURBED AREA) 176 121.02' LANDSCAPE NOTES: 1. PLANT QUANTITIES ARE FOR INFORMATION ONLY; DRAWING SHALL PREVAIL IF CONFLICT OCCURS. CONTRACTOR IS RESPONSIBLE FOR CALCULATING OWN QUANTITIES AND BASING BID ACCORDINGLY. 2. CONTRACTOR SHALL PLACE SHREDDED HARDWOOD BARK MULCH AROUND ALL TREES AND IN ALL PLANTING BEDS TO A DEPTH OF 3". WALNUT PRODUCTS ARE PROHIBITED. 3. KIND, SIZE AND QUALITY OF PLANT MATERIAL SHALL CONFORM TO AMERICAN STANDARD FOR NURSERY STOCK, ANSI 260-2004, OR MOST RECENT EDITION. 4. THE CONTRACTOR SHALL REPORT SUBSURFACE SOIL OR DRAINAGE PROBLEMS TO THE CITY OF WATERLOO. 5. OWNER TO DETERMINE TYPE OF OVERSTORY AND UNDERSTORY TREES WITH THE SAME CALIPER OR GREATER AS INDICATED IN THE LANDSCAPE POINTS TABLE. OWNER IS TO COORDINATE WITH THE CITY OF WATERLOO TO DETERMINE TYPES OF TREES THAT ARE ALLOWED. 6. ALL PLANT MATERIAL SHALL BE NURSERY GROWN, SOUND, HEALTHY, VIGOROUS AND FREE FROM INSECTS, DISEASE AND INJURIES, WITH HABIT OF GROWTH THAT IS NORMAL FOR THE SPECIES. SIZES SHALL BE EQUAL TO OR EXCEEDING SIZES INDICATED ON THE PLANT SCHEDULE. THE CONTRACTOR SHALL SUPPLY PLANTS IN QUANTITY AS SHOWN ON DRAWINGS. 7. ALL DISTURBED AREAS NOT OTHERWISE COVERED BY BUILDING, PAVEMENT, AND LANDSCAPE BEDS SHALL BE SEEDED PER CITY OF WATERLOO STANDARD SPECIFICATIONS GRAPHIC SCALE 20' 30' NO. REVISION BY DATE NO. REVISION BY DATE CGA Clapsaddle-Garber Associates, Inc 1 DESIGNED: #### 981 CHECKED: #### www.cgaconsuitants.com APPROVED: #### Toll Free (800)5424 DATE #### DRAWN:#### DATE' #### DATE #### DATE #### BABIC PROPERTIES 4-PLEXI GRADING & LANDSCAPE PLAN WATERLOO, IOWA PROJECT N0. 23-DS-0008 SHEET N0. C.300 Page 389 of 425 Cit11 of Waterloo, Iowa W+E Page 390 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Division Manager Waste Management Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Automatic Systems Company of Ames, Iowa, in the amount of $86,850.00, in conjunction with the Satellite Blower Control Panel Upgrades, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Professional Services Agreement with Automatic Systems SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving a Professional Services Agreement with Automatic Systems Company of Ames, Iowa, in the amount of $86,850.00 in conjunction with the Satellite Blower Control Panel Upgrades, and authorizing the Mayor and City Clerk to execute said document. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Sewer Funds ALTERNATIVE ACTION LEGAL DESCRIPTION Page 391 of 425 ATTACHMENTS 1. Waterloo IA WPCP Satellite Blower Control Panel Upgrades 2. Satellite Blower Panel Upgrades Page 392 of 425 111 Automatic Systems Co. Mr. Brian Bowman Waterloo, IA WPCP 3000 Easton Avenue Waterloo, IA 50702 AUTOMATIC SYSTEMS CO. SUBJECT: Waterloo, IA WPCP Satellite Blower Control Panel Upgrades Mr. Bowman, May 8, 2023 The following proposal is for the upgrade of your existing Satellite Blower Control Panels. The original Gardner Denver Blower Controls with Toshiba PLC's and GE Quick Panel operator interface are obsolete. They will be replaced with CompactLogix PLC's and PanelView 7 Operator Interface and installed in the existing enclosures. This replacement will be done to match the previous three panels upgraded in 2022. Our proposal below includes equipment and services for the upgrade of one control panel. Please indicate the quantity of the remaining five control panels to be upgraded with the purchase order. A One (1) Satellite Blower Control Panel Modifications to include replacement of the obsolete Toshiba PLC's and GE Quick Panels with Allen-Bradley CompactLogix PLC's and Panelview Plus Operator Interfaces as described below. Proposed panel modifications shall be complete with removal of the existing Toshiba PLC and GE Quick Panel and replaced with an Allen-Bradley CompactLogix PLC with ethernet communications, compact flash memory module, Allen-Bradley PanelView Plus 7 Color Operator Interface with 6" display, ethernet switch, 24 Vdc power supplies, and terminals. B One (1) Professional Services to include engineering, PLC programming, Operator Interface programming, and onsite field services including panel modifications, start-up, testing, and operator training. C One (1) Set of Complete Installation, Operation and Maintenance Manuals. Your net price for Items A through C, FOB factory with freight allowed to jobsite including one (1) year warranty from date of startup (not to exceed 18 months from date of shipment)... $ 28,950.00 plus tax if applicable. The above price for Items A through C does not include any: 1. Sales or use taxes. 2. Bond costs. 3. License fees or permits of any kind. MANUFACTURERS REPRESENTITIVES ❑ MAIN OFFICE ❑x BRANCH OFFICE ❑ BRANCH OFFICE P.O. BOX 120359 P.O. BOX 787 SYSTEMS INTEGRATION • INSTRUMENTATION ST. PAUL, MINNESOTA 55112 PHONE 651-631-9005 FAX (651) 631-0027 AMES, IOWA 50010 PHONE 515-232-4770 FAX (515) 232-0795 CHICAGO, ILLINOIS PHONE 815-927-3386 FAXFt6Syd3M1326f 425 Page 12 4. Installation of network cabling or associated fiber-optic network switches. 5. Replacement of local switches or indicator lights. Thank you very much for the opportunity of providing you with the above proposal, should you wish to proceed with an order please sign on the space provided below and return a copy to this office. We look forward to hearing from you, should you have any questions please give me a call. Sincerely, Travis Moran Automatic Systems Company Accepted by: Date: Line Item: Quantity: Total Order Amount: Purchase Order Number: Page 394 of 425 CITY OF JTERLO o Community of Opportunity Date: May 23, 2023 To: Waterloo Mayor and Council From: Brian Bowman, Operations Director, Waste Management Services 715 Mulberry St, Waterloo, IA 50703 0 Phone: (319) 291-0141 t. Fax: CITYOFWATERLOOIOWA.COM a RE: Waterloo, IA WPCP Satellite Blower Control Panel Upgrades -Automatic Systems Background Discussion: A requirement of Waterloo's National Pollutant Discharge Elimination Permit, (NPDES), is to have the Satellite Facility operational if needed to treat waste that exceed design criteria of the Easton Facility. Blower function is vital to the treatment process and scheme of the Satellite Facility. This quote is broken down to select how many Satellite Blower Panels will need upgraded to keep the Satellite Treatment Plant operational. After staff research we determined in order to maintain operational function of the Satellite Facility we would need three (3) panel upgrades at a cost of $86,850.00. Recommended Action: It is recommended approval of Waterloo, IA WPCP Satellite Blower Control Panel Upgrades -Automatic Systems for three (3) Satellite Blower Controls at a cost of $86,850.00 Page 395 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Division Manager Traffic Operations Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving an Agreement for the Traffic Safety Improvement Program Funding Grant with the Iowa Department of Transportation, in the amount of $500,000.00, in conjunction with the construction of a roundabout at Hammond Avenue and Shaulis Road, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Resolution approving a Traffic Safety Improvement Program Funding Agreement with Iowa DOT, in the amount of $500,000.00, in conjunction with the construction of a roundabout at Hammond Avenue and Shaulis Road, and authorizing the Mayor and City Clerk to execute said document. SUMMARY STATEMENT AND BACKGROUND INFORMATION This grant is for installing a roundabout at Hammond and Shaulis intersection. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES $500,000 State Grant $1,000,000 Local Funds ALTERNATIVE ACTION LEGAL DESCRIPTION Page 396 of 425 ATTACHMENTS 1. 2024-TS-002_WaterlooFinal Page 397 of 425 January 2023 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (Site -Specific Improvement) County Black Hawk Recipient The City of Waterloo Project No. CS-TSF-8155(782)--85-07 Iowa DOT Agreement No. 2024-TS-002 This agreement is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the city of Waterloo, Iowa, hereinafter designated the "Recipient". The Recipient submitted an application to the DOT for funding through the Traffic Safety Improvement Program (TSIP) under Iowa Code Section 312.2(11), and the application was approved by Transportation Commission Order No. SO-2023-38 on December 13, 2022. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT agrees to provide funding to the Recipient to aid in the development of a certain traffic safety improvement project. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. Project Information a. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOT's contact person shall be the Local Systems Project Development Engineer and Eastern Region Local Systems Field Engineer. The Recipient's contact person shall be Mohammad Elahi. c. The Recipient shall be responsible for the development and completion of the following described project located in the city of Waterloo: The construction of a roundabout at Hammand Avenue and Shaulis Road. See Exhibit A-1 for the location of the project and Exhibit A-2 for the estimated project cost. d. Project -specific funding stipulations in order for the project to be considered eligible to receive TSIP funds include: None. 2. Project Costs a. Eligible project costs for the project described in Section 1 of this agreement which are incurred after the effective date of commission approval shall be paid from TSIP funds and other funds as listed below, subject to the execution of a signed agreement: TSIP funds: $ 500,000 b. The portion of the total project costs paid by TSIP shall not exceed the amount stated above or the actual cost of the TSIP eligible items, whichever is the lesser amount. 2024-TS-002_Waterloo.docx 1 Page 398 of 425 January 2023 c. If a letting is required, the project shall be let to contract before July 1, 2025, but no earlier than July 1, 2023. If a letting is not required, project activities shall be initiated prior to July 1, 2025. If any of these conditions are not met, the Recipient may be in default, for which the Department may revoke funding commitments. This agreement may be extended for a period of 12 months upon receipt of a written request from the Recipient at least 30 days prior to the deadline. d. Project activities or costs considered eligible for TSIP funds are those required by, or integral to, the safety aspects of the project. Eligible activities include the following: (a) road modernization, upgrading or reconstruction; (b) intersection improvements; (c) right-of-way purchases; (d) drainage and erosion control measures; (e) traffic control devices; (f) traffic barriers and other roadside safety devices; and (g) removal of trees and other fixed objects. e. Project activities or costs considered ineligible for TSIP funds include, but are not limited to, the following: (a) any and all costs incurred prior to commission approval of funding; (b) routine maintenance of a road, street, bridge, culvert or traffic control device; (c) contract administration costs; (d) design and construction engineering and inspection, including construction survey; (e) utility construction, reconstruction, or adjustment, except as an integral part of a project; (f) sidewalks, shared -use paths or railroad -highway crossings, except as an integral part of a project; (g) maintenance or energy costs for traffic control devices or lighting; (h) aesthetic items such as brick pavers or decorative lighting/signal poles; and (i) expenditures for items not related to the roadway. For the purposes of this agreement, pavement patching is considered maintenance. f. If Federal highway funds, Farm -to -Market funds, or other Federal funds are used in combination with TSIP Funds, the Recipient shall also follow all administrative and contracting procedures which would normally be used when such funds are used on a non-TSIP project. The Recipient shall comply with all requirements for the use of said funds. 3. Right of Way and Permits a. In the event that right-of-way is required for the project, said right-of-way shall be acquired in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. If the project impacts the Primary Road System, the Recipient shall submit preliminary right-of-way plans to the DOT's Right of Way Bureau for review and approval prior to the commencement of any acquisition. Additionally, if said right-of-way is for an improvement to the Primary Road System, it shall be acquired in the name of the State of Iowa. b. The Recipient shall be responsible for obtaining any permits, such as the Work Within the Right -of - Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, and/or other construction permits required for the project prior to the start of construction. Neither the approval of the TSIP application for funding nor the signing of this agreement shall be construed as approval of any required permit from the DOT. c. The Recipient shall be responsible for obtaining any environmental permits and approvals, when necessary, to comply with all environmental regulations. 4. Project Design a. The Recipient shall develop all project improvements using engineering judgment. The Recipient shall use the DOT "Design Manual" on projects involving the Primary Road System and/or routes located on the National Highway System. Projects not on the Primary Road system shall use "A Policy on Geometric Design of Highways and Streets", (latest edition), by the American Association of State Highway and Transportation Officials. In all cases the "The Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), as adopted pursuant to 761 Iowa Administrative Code, Chapter 130 shall apply. 2024-TS-002_Waterloo.docx 2 Page 399 of 425 January 2023 5. Bid Letting a. If the project must be let for bids, then project plans, specifications and engineer's cost estimate for site specific improvements and/or traffic control devices shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. i. If the Recipient lets the project, the plans, specifications and other contract documents for each division must be submitted at least ten weeks (traffic control devices) or fourteen weeks (site specific project) prior to the project letting of each division. ii. If the project will be let through the Iowa DOT, project development submittals shall follow Local Systems I.M. 3.010. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. b. If the Recipient lets the project, as described herein, the Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. c. If the Recipient lets the project, then the Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit B which is attached hereto and by this reference incorporated into this agreement. d. If the Recipient lets the project, then for portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after letting. e. The Recipient shall be the contracting authority for the project. 6. Construction and Maintenance a. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. b. The Recipient shall be responsible for the daily inspection of the project, and the compilation of a daily log of materials, equipment and labor on the project. c. The Recipient shall maintain records, documents, and other evidence in support of work performed under the terms of this contract. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. Documentation shall be made available for inspection and audit by authorized representatives of the DOT or its designee at all reasonable times during the period of the contract and for three (3) years after the date of final payment. Reimbursement shall be based on eligible actual and indirect costs associated with performance of contract service work. The Recipient shall provide copies of said records and documents to the DOT upon request. 2024-TS-002_Waterloo.docx 3 Page 400 of 425 January 2023 d. The Recipient shall require its contractors to permit the DOT authorized representative to inspect all work materials, records, and any other data with regard to agreement related costs, revenues and operating sources. e. Upon project completion and prior to final reimbursement for the project, the Recipient shall furnish three sets of "as -built" plans for any portion of the project which is on or intersects any primary road or primary road extension to the DOT's contact person for future maintenance and road design purposes. f. If this project requires the installation of or modification to a traffic control signal system, the Recipient shall be responsible for all future ownership, maintenance, operation and energy costs of said installation or modification. g. The Recipient hereby certifies that, for a period of five (5) years following completion of the project and receipt of final payment from the DOT, there shall be no modifications in the geometric features, the construction features, or the access management features (including driveway design and location) of the project, nor shall there be any fixed objects or obstructions placed in any clear zone established in conjunction with this project without the prior written approval of the Traffic and Safety Bureau. Failure to comply shall be considered a default under the terms of this agreement. 7. Payments and Reimbursements a. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Eligible and ineligible costs are outlined in Iowa Administrative Code (IAC) 761 Chapter 164, Traffic Safety Improvement Program (see IAC 761-164.6(312) and IAC 761-164.7(312)). Reimbursement claims shall include certification by a professional engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been completed in substantial compliance with the terms of this agreement. Reimbursement claims shall not be submitted until after July 1, 2023. b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the construction costs or 5% of the TSIP funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the funds withheld, if any. c. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the terms of this agreement. Final reimbursement of TSIP Funds shall be made only after the DOT accepts the project as complete. d. The Recipient shall request reimbursement and final payment from the DOT within one year of field completion of the work. If this condition is not met, the Recipient may be in default, for which the Department may revoke funding commitments. e. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to Recipient by certified mail return receipt requested, to declare this agreement in default. The Recipient shall have thirty (30) days from date of mailing of notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or notice of continued default. 2024-TS-002_Waterloo.docx 4 Page 401 of 425 January 2023 f. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of TSIP Funds granted by this agreement through charges against the Recipient's road use tax funds. 8. General Provisions a. This agreement shall be considered to be in default if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations. b. To the extent allowed by law, the Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of this project. To the extent allowed by law, this agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. c. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. d. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations that implement these laws. e. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Non -Federal -aid Project Development Guide (Non -Federal -aid Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: https://www.iowadot.gov/local systems/publications/im/Ipa ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in the Non -Federal -aid Guide and I.M.s in effect at the time project activities are conducted. f. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. g. This agreement is not assignable without the prior written consent of the DOT. h. It is the intent of both parties that no third -party beneficiaries be created by this agreement. i. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days' notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. j• This agreement, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. 2024-TS-002_Waterloo.docx 5 Page 402 of 425 January 2023 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2024-TS-002 as of the date shown opposite its signature below. City of Waterloo, Iowa: By: Date , 20 Title: I, , certify that I am the Clerk of the City, and that , who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the day of , 20 Signed Date , 20 City Clerk of Waterloo, Iowa Iowa Department of Transportation: By: Date , 20 Steve J. Gent Director, Traffic and Safety Bureau 2024-TS-002_Waterloo.docx 6 Page 403 of 425 « HIBIT A-1 a E DowMng Ave Rd jrhybnOJogsu+ 63 • a Waterloo W !rd k SLI nnyside Gorr Lfk tCo mry(&b 962ft Ansbarnugh Ave awe' I l e ci to }I S "VGGe4 lk 15 aJOWItile1 Ave GmryAve Cornwall Ave Easton Ave E Aldgeway Ave E SanM ■ Yr • PRW▪ EO1 m mkGf (oui LOCATION 'FLA 0 e w « \, Independence Ave Ra E Orange Rd Orange N Evansdale • �yx f▪ tt,• 0 k 296r <9_W a 60 Page 404 of 425 EXHIBIT A-1 Estimate of Costs For Proposed Roundabout Shaulis Road -Hammond Avenue Safety Improvements Waterloo, Iowa Item No Descriptio Unit Unit Price Quantity TSIP 1 Removal of Pavement SY $ 16 4,750 76,000 2 Tops Soil Remove, Store, Spread SY $ 2 750 1,500 3 Removal of Signs and sign posts EA $ 75 7 525 4 Signage LS $ 1100 1 1,100 5 PCC Roadway SY $ 62 7,500 465,000 6 PCC Shared Use Path SY $ 35 500 17,500 7 PCC Shared Use Ramp SY $ 50 213 10,625 8 ADA Detectable Surface SF $ 90 138 12,375 9 Curb & Gutter LF $ 35 4,375 153,125 10 Granular Subbase SY $ 8 4,000 32,000 11 Storm Sewer LS $ 48,000 1 48,000 12 Sanitary Sewer LS $ 36,000 1 36,000 13 Water Main & Fire Hydrant LS $ 16,000 1 16,000 14 Pavement Markings High LS $ 9,000 3 22,500 15 Roundabout Street Lights EA $ 8,000 20 160,000 16 Top Soil CY $ 30 500 15,000 17 Seeding LS $ 2,500 1 2,500 18 Erosion Control LS $ 5,000 1 5,000 19 Traffic Control LS $ 50,000 1 50,000 21 Mobilization LS $ 15,000 1 15,000 22 Incidentals LS $ 20,000 1 20,000 Total Contingency 10% TOTAL ROUNDED TOTAL $ 1,219,750 $ 121,975 $ 1,341,725 $ 1,350,000 TSIP Funds $ 500,000 City of Waterloo Local Contribution $ 850,000 2024-TS-002 Waterloo Page 405 of 425 EXHIBIT B UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515- 348-6159) or from its website at: https://www.iowaeda.com/small-business/targeted-small- business/. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: https://www. iowadot. gov/local_systems/publications/tsb_contract_provision. pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. 2024-TS-002 Waterloo.docx 9 Page 406 of 425 The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Bureau, 800 Lincoln Way, Ames, IA 50010. 2024-TS-002 Waterloo.docx 10 Page 407 of 425 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Economic Development Authority? ❑ YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES ❑ NO If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑ YES 0 NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑ YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑ YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Date 2024-TS-002 Waterloo.docx 11 Page 408 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Division Manager Waste Management Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving Amendment No. 1 to the Agreement with Strand Associates, Inc., of Madison, Wisconsin, originally executed on December 8, 2022, to amend the completion date from April 28, 2023, to July 31, 2023, in conjunction with the Related Services Third -Party Renewable Natural Gas Project, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve amendment No. 1 Renewable Natural Gas Project SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving Amendment No. 1 to the Agreement with Strand Associates, Inc., of Madison, Wisconsin, originally executed on December 8, 2022, to amend the completion date from April 28, 2023, to July 31, 2023, in conjunction with the Related Services Third -Party Renewable Natural Gas Project, and authorizing the Mayor to execute said document. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 409 of 425 ATTACHMENTS 1. 4463.018.1.Signed 2. Amendment No 1 RFQ RFP Schedule Page 410 of 425 STRAND ASSOCIATES® Excellence in Engineering Since 1946 Strand Associates, Inc.® 910 West Wingra Drive Madison, WI 53715 (P) 608.251.4843 www.strand.com May 17, 2023 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Brian Bowman, Treatment Operations Director Re: Amendment No. 1 to the December 8, 2022, Agreement for Bidding -Related Services Third -Party Renewable Natural Gas Project This is Amendment No. 1 to the referenced Agreement. Under Schedule, CHANGE April 28, 2023, to "July 31, 2023." IN WITNESS WHEREOF the parties hereto have made and executed this Amendment. ENGINEER: OWNER: STRAND ASSOCIATES, INC.® CITY OF WATERLOO S /�i/23 Jo M. Bunker at Quentin M. Hart Date Corporate Secretary Mayor RAW:dl\R:\MAD\Documents\Agreements\W\Waterloo, City of (IA)\3-P RNG.Pfojects.Bidding.Services.2022\Agr\Amd\4463.0I8.I.docx Arizona I Illinois I Indiana I Iowa I Kentucky I Ohio 1 Tennessee I Texas I Wisconsin Page 411 of 425 CITY OF (,9 TERLOO IOWA Community of Opportunity Date: May 23, 2023 To: Waterloo Mayor and Council From: Brian Bowman, Operations Director, Waste Management Services 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-0141 t. Fax: CITYOFWATERLOOIOWA.COM 0 RE: Amendment No.1 to the December 8, 2022 Agreement for Bidding -Related Services Third Party Renewable Natural Gas Project. Background Discussion: The City of Waterloo, Waste Management Services, is nearing the completion of seeking an investing partner in its Request for Qualifications/Proposals, (RFQ/RFP), for the Development of Renewable Natural Gas Products produced from biological breakdown of waste from the Anaerobic Lagoon and Wastewater Treatment Plant Anaerobic Digesters. All Request for Qualifications/Proposals for the Development of Renewable Natural Gas Products were submitted to the City on April 21, 2023. On May 6, 2023, Waterloo's Five (5) member Review Committee shortlisted the proposals down to three (3) Proposals. On May 30th, 31st and June 1st the Review Committee will be hosting Web -based Interviews. A selection of the successful RFP is scheduled mid -June 2023. This Amendment No.1 is a no cost agreement that only extends the schedule from April 28, 2023 to July 31, 2023 Recommended Action: It is recommended approval of Amendment No.1 to the December 8, 2022 Agreement for Bidding -Related Services Third Party Renewable Natural Gas Project. Page 412 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Division Manager Waste Management Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 5 with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $125,000.00, in conjunction with the Planning and Engineering Services Agreement originally executed on September 8, 2015, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve AECOM Supplement Agreement No. 5 for Planning and Engineering Services SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving a Supplement Agreement No. 5 with AECOM Technical Services, Inc. of Waterloo, Iowa in the amount of $ 125,000.00, in conjunction with the Planning and Engineering Services originally executed September 08,2015, and authorizing the Mayor and City Clerk to execute said document. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Sewer Funds ALTERNATIVE ACTION LEGAL DESCRIPTION Page 413 of 425 ATTACHMENTS 1. SA5 Waterloo WM Planning and Engineering Page 414 of 425 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com PLANNING AND ENGINEERING SERVICES CITY OF WATERLOO, IOWA SUPPLEMENTAL AGREEMENT NO. 5 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo, Iowa (Client), and AECOM Technical Services, Inc. (ATS) of Waterloo, Iowa, dated September 8, 2015, for Planning and Engineering Services to assist Waste Management Services Department for the City of Waterloo, Iowa; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on April 1, 2019, for continuation of Planning and Engineering Services through the end of the current fiscal year; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 2 on October 22, 2019, for continuation of additional Planning and Engineering Services for the current fiscal year; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 3 on December 7, 2020, for continuation of additional Planning and Engineering Services for the current fiscal year; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 4 on March 21, 2022, for continuation of additional Planning and Engineering Services for the current fiscal year; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 5 for continuation of additional Planning and Engineering Services for the current fiscal year. Project Description The project is to provide additional planning and engineering services to assist the Waste Management Services Department and Engineering Department for wastewater collection and treatment -related projects. II. Scope of Services The Scope of Services to be provided under this supplemental agreement is as follows: The work to be performed by ATS will include work, materials, equipment and supplies necessary to continue to provide the services described in the tasks defined below similar to previous years. Task 1 - Evaluating Records and Associated Costs. Assist in evaluating existing records to establish the current costs for various activities performed by the Waste Management Services Department as requested: The current wastewater services activities include the sanitary sewer collection system maintenance and flood control. The breakdown of the costs for these activities will include estimates for the cost for each of the above areas for both residential/commercial flows and industrial flows. This information will be helpful in evaluating proposed industrial expansions, economic development opportunities and rates. Task 2 - Public Meetings. Provide liaison with the City Council regarding Waste Management Services issues. This task will include attending Council meetings, committee Page 415 of 425 AECOM Page 2 meetings and other public meetings to discuss issues relating to Waste Management Services, when necessary. Task 3 - Regulatory Assistance. Provide liaison with regulatory agencies associated with Waste Management Services. The agencies currently involved in these services include the Iowa Department of Natural Resources (IDNR), the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE). Task 4 - Funding Application Assistance. Assist in pursuing funding opportunities with various potential funding sources. This task will include reviewing potential grant and/or loan opportunities and assist in preparing grant and/or loan applications which may benefit the Client in Waste Management Services activities. Task 5 - Capital Improvement Development. Assist in developing a Capital Improvements Plan for Waste Management Services, including projects needed to meet regulatory requirements, resolve existing problems, and maintain existing programs and services. The Capital Improvements Plan will provide a means to estimate future costs which may be used in evaluating bond schedules, funding opportunities and rates. Task 6 - Sanitary Sewer System Planning Assistance. Develop a priority system for implementing improvements in the Client's sanitary sewer collection system. The existing system experiences significant flow increases during wet weather conditions. The need to reduce the flows has been a long-standing need, and the Client has taken significant steps in reducing these extraneous flows in the past. Significant improvements remain to reduce wet weather flows to stay within the system capacity. Sanitary sewer improvements are needed in the public right-of-way and on the private property side to reach the goal of eliminating sanitary sewer overflows and sewer back-ups. This task will assist in prioritizing the sanitary sewer improvements and continuing with the long-range plan to implement the needed improvements. In addition, this task will assist the Client in continuing with the program and policy to address private source infiltration and inflow sources for future and existing portions of the sanitary sewer system. Task 7 - Assist Department/City with Funding Priorities. Coordinate closely with the other City departments (engineering, finance and planning) in developing the Client's Waste Management Services Capital Improvements Plan, priorities and funding issues. Task 8 - Assist with CMOM Activities. Assist the Client's WPCF staff updating and implementing the Capacity, Management, Operation and Maintenance (CMOM) Program for the wastewater treatment and collection system(s). Task 9 - Assist with Inflow and Infiltration Evaluations. Assist the Client in monitoring the ordinance to eliminate extraneous flows from the sanitary sewer system, including footing drains and sump pump connections. Task 10 - Evaluating Options for Wastewater Treatment and Collection System. Assist the Client in evaluating options for operating the Client's wastewater treatment and collection system(s). Task 11 - Engineering Tasks. Assist the Client in small miscellaneous engineering tasks as requested. Page 416 of 425 AECOM Page 3 Task 12 - Hydraulic Modeling. Perform hydraulic modeling analysis for the sanitary sewer system on an as -needed basis, as requested by Client. Task 13 - Diffuser Performance and Bathymetric Analysis. Provide engineering services, as requested by the client, for wastewater diffuser performance and bathymetric analysis. Task 14 - Update Sanitary Sewer Master Plan. Assist the Client to update the City's Sanitary Sewer Master Plan with past progress and revised future project priorities. III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be integrated with the fees in the original agreement and Supplemental Agreement Nos. 1, 2, 3 and 4. The estimated fee is One Hundred Twenty - Five Thousand Dollars ($125,000.00). IV. In all other respects, the obligations of the Client and ATS shall remain as specified in the Professional Services Agreement dated September 8, 2015. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 5 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. / By 1 Date April 6, 2023 V eek641 Douglas W. Schindel, P.E. Vice President CITY OF WATERLOO, IOWA By: Date Quentin Hart Mayor L:\Secure_DCS\Administration\AGREE\SUPPLE\SA5 Waterloo WM Planning and Engineering.doc Page 417 of 425 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Paul Huting, Director Leisure Services Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE Resolution approving Amendment No. 1 with Ritland+Kuiper Architects, of Waterloo, Iowa, in the amount of $476,275.00, in conjunction with the Gates Park Redevelopment Service Agreement, originally executed on June 20, 2022, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Resolution SUMMARY STATEMENT AND BACKGROUND INFORMATION Amendment No. 1 adds construction related services to the original service agreement executed on June 20, 2022. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 418 of 425 1. Gates Park Design Amend 01 CRS Page 419 of 425 AMENDMENT #1 TO AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT In accordance with the original agreement dated June 7, 2022, between the following parties: CLIENT: City of Waterloo LANDSCAPE ARCHITECT: RITLAND+KUIPER Landscape Architects (RKLA) for the following PROJECT: Gates Park Redevelopment Authorization is requested to proceed with the following additional services: Construction Related Services You have requested our services for construction related services to assist you during construction as part of the redevelopment of Gates Park. The project consists of the reconstruction of the existing Gates Park with new restroom buildings, amphitheater shelter structure, inclusive playground, splash pad, lighted basketball courts, and other park facilities. The project includes extensive earthwork and installation of sidewalks, shared use paths, parking lots, site lighting, landscape enhancements, signage features, picnic shelters, and reconstruction of the existing storm sewer, electrical supply, sanitary sewer, and water main services The Landscape Architect will be responsible for continuing to coordinate the work of subconsultants necessary for the completion of the design and construction related services: • AECOM (surveying and civil engineering) • INVISION Architecture (buildings and structures) • MODUS (mechanical, electrical, plumbing, lighting) • Water Technologies Inc. (splash pad and related equipment) We are proposing the following additional services as per the terms of our existing contract: 1. Construction Related Services Services to be provided for contract administration during the construction phase of the project as defined by the following tasks: a. Conduct a preconstruction conference attended by representatives of the Contractor, Subcontractors, Client, Consultants, and affected utilities. b. Provide AECOM professional surveying services including construction staking for horizontal and vertical controls for the project as follows: 1. Set Project Control 2. Set Stakes for Erosion Control 3. Grading (GPS) 4. Set Stakes for Removals 5. Set Stakes for Storm Sewer and Water Quality Basins 6. Set Stakes for Sanitary Sewer 7. Set Stakes for Water Service 8. Set Stakes for Parking Lot and Driveway Paving 9. Set Stakes for Trail Paving and ADA Ramps 10. Set Stakes for Sidewalks and ADA Ramps 11. Set Stakes for Paving for Pool Deck, Basketball Courts, Track, and Playground. 12. Set Stakes for Building Corners Only and Finish Floor Elevation Only 13. Set Stakes for Splash Pad Boundary and Form Grade Elevation Only 14. Set Stakes for Splash Pad Drains and Associated Water Lines (Provide GPS As -Built Locations) 15. Set Stakes for Retaining Wall and Playground Paving 16. Set Stakes for Footings for Exterior Lighting, Splash Pad Equipment and Basketball Goals Page 420 of 425 c. d. e. 17. Set Stakes for Type A Signs 18. Set Stakes for Decorative Park Signs, Fencing and Bedding Edging 19. Set Stakes for Trees at Lower Gates and Upper Gates Outside of the Fenced Area. 20. Set Stakes for Right -of -Way of Private Property/Construction Limits 21. Set Stakes for Utility Coordination with Electrical, Communication, and Camera Conduits. (Provide GPS As -Built Locations.) Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Prepare bi-weekly (twice a month) applications for payment based on information provided by AECOM field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Perform construction site visits at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Staffing requirements will be adjusted during the project in relation to the level of construction activity to minimize fees as much as possible. The project completion date is May 23, 2025. f. Prepare and assist the Client and Contractor in preparing and processing contract change orders. g. j. Provide weekly SWPPP reviews along with City of Waterloo and contractor personnel, as required by Iowa DNR and City of Waterloo. h. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents and advise the Client of any work that should be corrected or rejected. i. Review required contractor submittals, such as shop drawings and samples, for conformance with project drawings and specifications. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Facilitate construction progress meetings twice a month (as needed relative to construction progress) and provide minutes for each meeting to the Client. k. Participate in a review of the project with the Client and review staff near completion and prepare a list of items to be completed or corrected. I. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. m Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. n. Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. o. Prepare and assist the Client with the final close-out documentation received from the Contractor. Close-out documents will be delivered in electronic format to the Client and include the following: shop drawings, materials certifications, pay estimates, change orders, daily inspection reports, pay quantity summary and record drawings. Based upon the above scope of work and services anticipated, RITLAND+KUIPER Landscape Architects (and their subconsultants) will provide the services described above, and in accordance with the conditions outlined in our contract, for a sum not to exceed $476,275. Page 421 of 425 SUBMITTED BY: AGREED TO: LANDSCAPE ARCHITECT CLIENT: CITY OF WATERLOO Mar Ku per, ASLA,'L.EED AP, Principal Signature Dated: April 18, 2023 License/Certificate No. IOWA 00413 Title Renewal Date: June 30, 2023 Dated Page 422 of 425 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Division Manager Traffic Operations Department MEETING DATE June 5, 2023 AGENDA ITEM TITLE An ordinance amending the City of Waterloo Traffic Code, by repealing Subsection (268a), Mockingbird Lane, west side of the 4100 block Section 551, Parking Prohibited At All Times On Certain Streets, in its entirety. RECOMMENDED COUNCIL ACTION Approve Ordinance SUMMARY STATEMENT AND BACKGROUND INFORMATION Previously, this block was designated as a No Parking zone due to all the mailboxes being situated on one side of the street. The mailboxes have now been installed on both sides of the street, rendering the need for parking prohibition on that side unnecessary. Through multiple site visits and discussions with a neighbor, it has been observed that on -street parking rarely occurs in this area. No parking signs are already missing. It is likely that the signs were removed during the street reconstruction process. The residents on that street block have been informed of the change through the mail. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 423 of 425 LEGAL DESCRIPTION ATTACHMENTS 1. Ordinance Page 424 of 425 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING THE CITY OF WATERLOO 2020 TRAFFIC CODE, BY REPEALING SUBSECTION (268a), MOCKINGBIRD LANE, WEST SIDE OF THE 4100 BLOCK OF SECTION 551, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That Subsection (268A) Mockingbird Lane, West Side of the 4100 block, of Section 551, Parking Prohibited at All Times on Certain Streets, of the 2020 Traffic Code, is hereby repealed in its entirety. INTRODUCED: June 5, 2023 PASSED 1st CONSIDERATION: June 5, 2023 PASSED 2nd CONSIDERATION: June 5, 2023 PASSED 3rd CONSIDERATION: June 5, 2023 PASSED AND ADOPTED this 5th day of June 2023. ATTEST: Kelley Felchle, City Clerk SEAL 7V 0 Quentin Hart, Mayor Page 425 of 425