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HomeMy WebLinkAboutCouncil Packet - 8/19/2024CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, August 19, 2024 5:30 PM CITY OF WATERLOO COMMUNITY VISION PLAN 1. Fly the W: To develop a sense of pride and relationship between residents and the City of Waterloo, and then leverage that pride to communicate the City's attributes to external audiences. 2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo in eight years by providing access to capital. 3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition of neighborhoods by celebrating and connecting them with the community and region at large. 4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that connects people and employers for mutual growth. 5. Crossroads Doubledown: Re -energize the Crossroads Mall area into a sports/recreation-themed gravitational center. 6. Power Up Downtown: Keep Waterloo's core downtown evolving to meet the needs of future generations, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The public Page 1 of 320 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, John Chiles, Ward 1 Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of the August 5, 2024, Regular Council Session and the August 9, Page 2 of 320 2024, Special Council Session, as proposed or amended. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the sale of a used pickup truck from the Fire Department via the Purplewave website. 3. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing (3) Ford F450 trucks, from Stivers Ford, Waukee, Iowa, in the amount of $168,516.75, for the Street Department. 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as September 5, 2024, and date of public hearing as September 16, 2024, in conjunction with the FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract No. 1111, and instruct the City Clerk to publish notice. 5. Resolution setting date of public hearing as September 3, 2024, for the sale and conveyance of city -owned property located east of 415 Newell Street, in the amount of $1.00, to Lucy Evans, including approval of a Development Agreement for the demolition of the home formerly at 437 Newell Street, and instruct the City Clerk to publish notice. 6. Resolution setting date of public hearing as September 3, 2024, for the sale and conveyance of city -owned property located southeast of 1907 Black Hawk Street, in the amount of $1.00, to 5 Bees, LLC, in accordance with the Master Development Agreement approved on July 13, 2020, for the construction of a new 5,000 square foot building with a minimum assessed value of $375,000.00 and instruct the City Clerk to publish notice. 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $211,889.50, in conjunction with the FY 2023 Greenbelt Lake REAP Grant Project Phase II, Contract No. 1085, and receive and file a two-year maintenance bond. 8. Motion to approve Change Order No. 1 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $21,450.00, in conjunction with the FY 2024 Crossroads Page 3 of 320 Boulevard Median Improvement, Contract No. 1089, and authorizing the Mayor and City Clerk to execute said document. 9. Motion to approve Change Order No. 15 with Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $22,548.61, in conjunction with FY 2020 University Avenue Reconstruction Phase 3 Project, Contract No. 971, and authorizing the Mayor and City Clerk to execute said document. 10. Motion to approve Change Order No. 11 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $51,478.50, in conjunction with the FY 2022 Sullivan Brothers Plaza Renovation, Contract No.1069, and authorizing the Mayor and City Clerk to execute said document. 11. Motion to approve Final Quantity Summary with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net decrease of $2,372.00, in conjunction with the FY 2023 Greenbelt Lake REAP Grant Project Phase II, Contract No. 1085, and authorizing the Mayor and City Clerk to execute said document. 12. Motion to approve the appointment of Michael Smock, from the Civil Service list, to the position of Operator in the Waste Management Services Department, effective August 20, 2024, pending pre -employment physical and drug testing. 13. Motion to approve the appointment of Arnell Ernst from the current Civil Service List to the position of Clerk II in the Police Department, effective August 20, 2024. 14. Communication from the Library Department on the notice of the conclusion of employment of Austin Newland, Library Assistant, effective July 22, 2024, with recommendation of approval of payout of $1,819.01 for unused benefits. 15. Communication from the Street Department on the notice of the conclusion of employment of Eugene Smith, Equipment Operator I, effective July 22, 2024, with recommendation of approval of payout of $9,478.46 for unused benefits. 16. Communication from the Sanitation Department on the notice of the conclusion of employment of Dennis Moore, Solid Waste Technician, effective July 19, 2024, with recommendation of approval of payout of $3,467.79 for unused benefits. 17. Communication from the Street Department on the notice of the conclusion of employment of Shawn Fisher, Street Director, effective 7/26/2024 with recommendation of approval of payout of $7,065.79 for unused benefits. 18. Claudia Rivera, Board/Commission: Human Rights Commission, Expiration Date: August 19, 2025, [New Partial]. 19. Liquor Licenses a. Bamboo Ridge Campground, 4550 La Porte Rd., Class B Alcohol w/Sunday Sales (Renewal) Exp: 9/18/2025. b. BJ's Bar and Billiards, 110 Ida St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 7/29/2025. c. Casey's General Store #2879, 3260 University Ave., Class E Alcohol w/Sunday Sales Page 4 of 320 (Renewal) Exp: 9/30/2025. d. Liquor and Tobacco Outlet, 2844 University Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 8/15/2025. e. XO Food & Liquor, 428 Franklin St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 8/9/2025. f. RV Mixology, Hess Rd., Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 8/26/2024. g. Chilitos Mexican Bar and Grill, 441 E. Tower Park Dr., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 8/7/2025. h. Byron Mart, 306 Byron Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 8/9/2025. i. Waterloo Center for the Arts, 300 Jefferson St. Class C Alcohol (New 1-Day Transfer - 8/31) Exp: 9/1/2024. 20. Motion approving Cigarette/Tobacco/Nicotine/Vapor Permit Application for Vape Time, 325 Franklin Street. 21. Bonds. PUBLIC HEARINGS 1. Sale and conveyance of city -owned property located at 1003 Vine Street, in the amount of $5,500.00, to JLS Partners Properties, LLC. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city -owned property located at 1003 Vine Street, in the amount of $5,500.00, to JLS Partners Properties, LLC, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement and Real Estate Contract with Marcelino Balion Perez for the rehabilitation of 1003 Vine Street, including a refund of $5,000.00 of the purchase price and a $5,000.00 infill housing grant upon completion of the project, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the construction of residential units at 512 Almond Street, including a $5,000.00 infill incentive for each unit, $37,000.00 in acquisition fees, and demolition of the existing structure, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 2. Resolution approving a Temporary Construction Easement Agreement with Robert J. Greenwood and Cheryl L. Greenwood, located at 1875 Westchester Road, in conjunction with the Sunnyside Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director Page 5 of 320 3. Resolution approving a Temporary Construction Easement Agreement in the amount of $369.04 with The Sunnyside Country Club, Inc., located at 1600 Olympic Drive, in conjunction with the Sunnyside Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving a Temporary Construction Easement Agreement in the amount of $618.00 with Hole 7 Development, LLC., located east of 1920-1930 Kamille Court, in conjunction with the Sunnyside Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving the 28E Agreements between Waterloo Fire Rescue and the Northeast Iowa Response Group, consisting of Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek Counties, to provide support personnel and equipment in event of a hazardous substance emergency, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Bill Beck, Fire Chief 6. Resolution approving a Professional Services Agreement with AECOM Technical Services, of Waterloo, Iowa, in the amount of $1,732,900.00 for inspections, in conjunction with the FY 2024 La Porte Road Improvements, IDOT Agreement No. HDP-8155(787)--71-07, Contract No. 1016, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 7. Resolution approving a Right -of -Way License Agreement with La Porte City Telephone Company, of La Porte City, Iowa, for the placement of utilities within City right-of-way, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 8. Resolution approving a Professional Services Agreement with ISG Inc., of Waterloo, Iowa, in the amount of $5,400.00, in conjunction with the No Passing Zone Analysis, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Mohammad Elahi, Traffic Operations Director 9. Resolution approving a Street Lighting Agreement with MidAmerican Energy, in the amount of $4,214.66, for installation of one streetlight to be located at the entrance of Paradise Estates, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Mohammad Elahi, Traffic Operations Director 10. Resolution approving a Professional Service Agreement with Automatic Systems Co., of Ames, Iowa, in the amount of $95,492.00, in conjunction with the WWTP Building 15 PLC Upgrades, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 11. Resolution approving Supplemental Agreement No. 6 to a Professional Services Agreement Page 6 of 320 with AECOM of Waterloo, Iowa, in the amount of $125,000.00, originally executed on April 8, 2015, in conjunction with planning and engineering services to assist the Waste Management Services Department, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 12. Resolution approving a Professional Services Agreement with ISG, Inc. of Waterloo, Iowa, in the amount of 8.5 percent of the total cost of furniture purchased for the Waterloo Convention Center, in conjunction with the Furniture Plan and Bid for the Waterloo Convention Center, and authorizing the Mayor to execute said document. Submitted by: Bridgett Wood, Finance Director OTHER COUNCIL BUSINESS 1. FY 2025 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4 Resolution approving proposed construction of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Resolution of necessity and setting date of public hearing as September 16, 2024. Submitted by: Oumie Ceesay, Associate Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 7 of 320 August 5, 2024 The City Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, August 5, 2024. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. Simon and Ms. Wilder. Mr. Feuss was absent. Prayer or Moment of Silence. Pledge of Allegiance, Dave Boesen, Ward 2 Council Member. Approval of Agenda, as proposed or amended. Nichols/Wilder that the agenda as amended, with the removal of Resolution Item #17, be approved. Voice vote -Ayes: Six. Motion carried. Approval of Minutes of the July 29, 2024, Special Council Session, as proposed or amended. Nichols/Wilder that the minutes of the July 29, 2024, Special Council Session, as proposed, be approved. Voice vote -Ayes: Six. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Mary Potter, Grout Museum Trustee, Margaret Moye, Grout Museum Executive Director, LC Smith, 416 Oliver St., Aaron Stacey Roberts, 411 Almond. Mr. Chiles provided the date, time and location of his next ward meeting. Ms. Creighton -Smith commented on the Chamberlin meeting and the upcoming National Night Out event. She shared a constituent's concerns regarding the construction on Franklin. Mr. Boesen requested an update on the bridges, commented that he would like to have a conversation about merging Code Enforcement and Animal Control and questioned the number of fireworks complaints that were received this year. He also recognized Mary Potter who was a recipient of the Eight over 80 Award. Jamie Knutson, City Engineer, provided an update and explained the reason for delays. Rob Duncan, Chief of Police, stated that there were two -hundred and twenty calls and four citations were issued. Page 1 of 14 Page 8 of 320 Mayor Hart commented on the success of this year's Irish Fest and the value of volunteers for this and all opportunities throughout the community. Wilder/Nichols to close public comments. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA Nichols/Chiles that the following items on the consent agenda be received and placed on file, including the payment of bills for August 5, 2024, in the amount of $8,286,722.41. Roll Call vote -Ayes: Six. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2024-431. Resolution approving the request by Maid Mizic, for tax exemptions on the construction of a new twin home unit valued at $270,000.00, for property located at 4136 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2024-432. Resolution approving the request by Jon and Leslie Brundrett, for tax exemptions on the construction of a new single-family home valued at $604,612.00, for property located at 121 Goldcrest Court and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2024-433. Resolution approving the request by Big Hand Pepper LLC, for tax exemptions on the construction of a new single family home valued at $300,000.00, for property located at 107 Coral Drive and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2024-434. Resolution approving the request by Big Hand Pepper LLC, for tax exemptions on the construction of a new single-family home valued at $310,000.00, for property located at 115 Axlewood Drive and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2024-435. Resolution approving the request by Big Hand Pepper LLC, for tax exemptions on the construction of a new single-family home valued at $285,000.00, for property located at 109 Coral Drive and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2024-436. Resolution approving the request by C&C Welding Inc., for tax exemptions on the construction of a new shop building valued at $400,000.00, for property located at 1714 River Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2024-437. Page 2 of 14 Page 9 of 320 Resolution approving the request of Jorje Valadez Hernandez, for a waiver for a concrete driveway, located at 609 Belle 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 and for culvert placement by property, at property owner expense, if required for future ditch work. Resolution adopted and upon approval by Mayor assigned No. 2024-438. Resolution approving the request of Karla Anderson for a waiver for a concrete driveway, located at 1558 Hawthorne Avenue (approach is located on Oregon Street), with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2024-439. Resolution approving the request of Chad Everly for a waiver for an asphalt driveway, located at 706 Maxwell Street, with the elimination of the sidewalk section for asphalt driveways. Resolution adopted and upon approval by Mayor assigned No. 2024-440. Resolution setting date of public hearing as August 19, 2024, for the sale and conveyance of city -owned property located at 1003 Vine Street, in the amount of $5,500.00, to JLS Partners Properties, LLC, including a Development Agreement and Real Estate Contract, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-441. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as August 22, 2024, and date of public hearing as September 3, 2024, in conjunction with the FY 2025 State Street Sanitary Sewer Replacement and Storm Sewer Disconnects, Contract No. 1110, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-442. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as August 22, 2024, and date of public hearing as September 3, 2024, in conjunction with the FY 2025 Martin Luther King, Jr. Wetland A Restoration, Contract No. 1109, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2024-443. Resolution approving the award of hotel/motel tax council discretionary funds to Waterloo Leisure Services in the amount of $15,000.00, for the FY 2025 Golf Marketing Campaign. Resolution adopted and upon approval by Mayor assigned No. 2024-444. Resolution approving the award of hotel/motel tax council discretionary funds to Waterloo Leisure Services in the amount of $15,000.00, for the FY 2025 Cedar Valley SportsPlex Marketing Plan. Resolution adopted and upon approval by Mayor assigned No. 2024-445. Resolution approving submission of an Iowa DOT Traffic Safety Improvement Program grant application, in the amount of $221,250.00, for Systemic Red Traffic Signal Face Protection Against Snow, and committing to implement and maintain the improvements for the life of the project. Page 3 of 14 Page 10 of 320 Resolution adopted and upon approval by Mayor assigned No. 2024-446. Resolution approving submission of an Iowa DOT Traffic Safety Improvement Program grant application in the amount of $20,000.00 for Children Bicycle Traffic Safety Awareness Campaign. Resolution adopted and upon approval by Mayor assigned No. 2024-447. Resolution approving submission of an Iowa DOT Traffic Safety grant application, in the amount of $120,000.00, for the Intersection of Mobile Street and Sumner Street Obsolete Signal Replacement Project, and committing to implementing and maintaining the signals for the life of the project. Resolution adopted and upon approval by Mayor assigned No. 2024-448. Resolution approving submission of an Iowa DOT Traffic Safety Improvement Program grant application in the amount of $500,000.00, for installation of a roundabout at the Hammond Avenue intersection with Ridgeway Avenue, and committing to implement the project and maintain it for the life of the project. Resolution adopted and upon approval by Mayor assigned No. 2024-449. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing a 2024 Chevy Silverado 2500 (regular cab, 4WD, WT), from Karl Chevrolet, Inc., Ankeny, Iowa, in the amount of $44,000.00, for the Leisure Services Department. Resolution adopted and upon approval by Mayor assigned No. 2024-450. Resolution approving the sale of used equipment from the Public Works Department via the website PurpleWave. Resolution adopted and upon approval by Mayor assigned No. 2024-451. Resolution approving the sale of scrap vehicles from the Public Works Department for scrap metal. Resolution adopted and upon approval by Mayor assigned No. 2024-452. Motion to approve Change Order No. 1 with American Road Maintenance, of Illinois, for a net increase of $42,884.81, in conjunction with Pavement Rehabilitation, Contract No. FAA AIP Project No. 3-19-0094-053, and authorizing the Mayor and City Clerk to execute said document. Motion to approve Change Order No. 1 with Restoration Services, Inc., of Waterloo, Iowa, for a net increase of $2,590.00, in conjunction with Hangar No. 4 Improvements - Tuckpointing and Painting, Contract No. IDOT CSVI, Project No. 91230ALO200, and authorizing the Mayor and City Clerk to execute said document. Motion to approve Change Order No. 2 with Restoration Services, Inc., of Waterloo, Iowa, for a net increase of $2,445.00, in conjunction with Hangar No. 4 Improvements - Tuckpointing and Page 4 of 14 Page 11 of 320 Painting, Contract No. IDOT CSVI Project No. 91230ALO200, and authorizing the Mayor and City Clerk to execute said document. Motion to approve Change Order No. 1 with Mike Fereday Heating and Air Conditioning, of Waterloo, Iowa, for a net decrease of $1,903.00, in conjunction with Hangar No. 4 Improvements - Shop HVAC Replacement, Contract No. IDOT CSVI,_ Project No. 91230ALO200, and authorizing the Mayor and City Clerk to execute said document. Motion to approve Change Order No. 1 with Peters Construction Corporation of Waterloo, Iowa, for a total decrease of $2,595.73, in conjunction with the FY 2024 Byrnes Aquatic Center, Contract No. 1077, and authorizing the Mayor to execute said document. Motion to approve Change Order No. 5 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $0.00, in conjunction with the Waterloo Convention Center Restroom Renovation Proiect, and authorizing the Mayor to execute said document. Motion to approve Change Order No. 6 with Peters Construction Corporation, of Waterloo, Iowa, for a net increase of $0.00, in conjunction with the Waterloo Convention Center Restroom Renovation Project, and authorizing the Mayor to execute said document. Motion to approve Change Order No. 3 with WRH Inc., of South Amana, Iowa, for a net increase of $31,181.18, in conjunction with FY 2023 Wastewater Treatment Plant Final No. 3 Rehabilitation Project, Contract No. 1067, and authorizing the Mayor to execute said document. Kevin Demler, Board/Commission:Complete Streets Advisory, Expiration Date: N/A [New]. Sharon Droste, Board/Commission: Metropolitan Transit Authority Board, Expiration Date: June 30, 2027 [Renewal]. Rudy Jones, Board/Commission: Metropolitan Transit Authority Board, Expiration Date: June 30, 2027 [Renewal]. Bonetta Culp, Board/Commission: Metropolitan Transit Authority Board, Expiration Date: June 30, 2027 [Renewal]. Page 5 of 14 Page 12 of 320 Richard Day, Board/Commission: Memorial Hall, Expiration Date: August 5, 2027 [New]. Stephen Grimm, Board/Commission: Memorial Hall Commission, Expiration Date: August 5, 2027 [New]. Motion to approve the appointment of Ryan Black from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective August 19, 2024, pending pre -employment physical and drug testing. Communication from the Building Maintenance Department on the notice of the conclusion of employment of Joel Shepard, Facilities Maintenance-HVAC, effective July 19, 2024, with recommendation of approval of payout of $15,163.17 for unused benefits. Communication from the Building Inspections Department on the notice of the conclusion of employment of Cindie Shepard, Secretary, effective July 19, 2024, with recommendation of approval of payout of $10,813.43 for unused benefits. Communication from the Planning and Zoning Department on notice of the conclusion of employment of Seth Hyberger, Planner I, effective July 8, 2024, with recommendation of approval of payout of $6,364.61 for unused benefits. Communication from the Library Department on the notice of the conclusion of employment of Diane House, Library Assistant, effective July 18, 2024 with recommendation of approval of payout of $3,942.55 for unused benefits. Planning, Programming, and Zoning Commission minutes of May 14, 2024. Airport Board minutes of May 22, and June 26, 2024. Leisure Services Commission Board minutes of June 11, 2024. Liquor Licenses a. Best Deals, 1459 Ansborough Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: Page 6 of 14 Page 13 of 320 6/14/2025. b. Broadway Liquor, 821 Broadway St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 6/10/2025. c. El Barco Mexican Seafood Bar & Grill, 910 W. 5th St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 6/5/2025. d. Family Dollar #30944, 2206 Kimball Ave., Class B Alcohol w/Sunday Sales (Renewal) Exp: 7/31/2025. e. Highway 63 Diner, 3030 Marnie Rd., Class C Alcohol w/Sunday Sales (Renewal) Exp: 6/29/2025. f. Hy-Vee Fast and Fresh #3, 1512 Flammang Dr., Class B Alcohol w/Sunday Sales (Renewal) Exp: 8/26/2025. g. Kwik Stop 3, 1104 Washington St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 7/14/2025. h. Maple Lanes, 2608 University Ave., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 7/22/2025. i. Yesway Store #1022, 1976 Franklin St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 7/12/2025. j. Kwik Star #569, 875 Fisher Dr., Class B Alcohol w/Sunday Sales (Renewal) Exp: 8/27/2025. k. Longhorn Steakhouse, 1425 E. San Marnan Dr., Class C Alcohol w/Sunday Sales (Renewal) Exp: 8/31/2025. I. Newton's Paradise Cafe, 128 E. 4th St., Class C Alcohol w/Outdoor Service w/Sunday Sales (Renewal) Exp: 9/17/2025. m. Rail Station, 304 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 8/6/2025. n. Brenda's Park Road Inn, 306 Park Rd., Class C Alcohol w/Sunday Sales (Renewal) Exp: 8/8/2025. o. Casey's General Store #2880, 1604 La Porte Rd., Class E Alcohol w/Sunday Sales (Renewal) Exp: 9/30/2025. p. WCA Building and Amphitheatre, 225 Commercial St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 6/21/2025. Motion approving Cigarette/Tobacco Permit Application for Liquor and Tobacco Outlet, 2844 University Avenue. Bonds. PUBLIC HEARINGS Sale and conveyance of city -owned property located southeast of 203 Lafayette Street, in the amount of $5,000.00, to Cedar River Renaissance, LLC., including a Development and Minimum Assessment Agreement. Chiles/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion Page 7 of 14 Page 14 of 320 carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Cody Vanasse, ISG Architects, introduced himself and shared his interest in developing this property. Chiles/Wilder to close the hearing and receive and file oral comments. Voice vote -Ayes: Six. Motion carried. Chiles/Wilder Resolution authorizing the sale and conveyance of city -owned property located southeast of 203 Lafayette Street, in the amount of $5,000.00 to Cedar River Renaissance, LLC, and authorizing the Mayor and City Clerk to execute said documents. Mr. Boesen shared his concerns regarding the incentives and noted he cannot support this item. Noel Anderson, Community Planning and Development Director, provided an overview of the project and terms of the agreement. Mr. Simon questioned if the developer would still be interested in the project without the $50,000 development grant. Cody Vanasse explained that a combination of the state and federal tax credits along with the incentives are what allows the project to move forward. Council members discussed the project with Noel Anderson. Roll Call vote -Ayes: Four. Nays: Two. (Boesen and Simon). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-453. Chiles/Wilder Resolution approving a Development and Minimum Assessment Agreement with Cedar River Renaissance, LLC for the rehabilitation of a duplex at 203-205 Lafayette Street and construction of a new duplex adjacent to said property, with a minimum assessed value of $280,000.00, with a $10,000.00 infill housing grant upon completion of the new duplex, and $50,000.00 development grant and tax rebates of seventy percent for fifteen years and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Four. Nays: Two (Boesen and Simon). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-454. RESOLUTIONS Resolution appointing UMB Bank, N.A. of West Des Moines, Iowa, to serve as Paying Agent, Note Registrar, and Transfer Agent, approving the Paying Agent and Note Registrar and Transfer Agent Agreement, and authorizing the Mayor and City Clerk to execute said documents. Page 8 of 14 Page 15 of 320 Nichols/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-455. Resolution approving and authorizing a form of Loan Agreement and authorizing and providing for the issuance and securing the payment of $5,500,000.00 of Sewer Revenue Capital Loan Note, Series 2024E, of the City of Waterloo, State of Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of the Note, which includes Approval of the Tax Exemption Certificate, and authorizing the Mayor and City Clerk to execute said documents. Nichols/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-456. Resolution approving the Audit Engagement Letter with BerganKDV for the fiscal year ending June 30, 2024, and authorizing the Mayor to execute said document. Nichols/Creighton-Smith Mr. Boesen questioned if this is similar to what we paid last year. Bridgett Wood, Finance Director, confirmed. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-457. Resolution approving a Professional Services Agreement with WHA, Inc. of Cedar Rapids, Iowa, in the amount of $98,220.00, for the Ansborough Avenue Adaptive Signal Control Technology Project, from Downing Avenue South 2.7 miles to Fisher Drive/Fitzway Drive, and authorizing the Mayor to execute said document. Creighton-Smith/Wilder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-458. Resolution approving a Professional Services Agreement with Stanley Consultants, Inc. of Des Moines, Iowa, in the amount of $116,000.00, for the Broadway Street Adaptive Signal Control Technology, and authorizing the Mayor to execute said document. Creighton-Smith/Wilder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-459. Resolution approving Amendment No. 1 to FAA Grant Agreement No. 3-19-0094-055-2023, for a decrease in the amount of $10,557.56, making the maximum Federal share of the total actual eligible and allowable project costs $230,515.44, and authorizing the Mayor and City Attorney to execute said document. Creighton-Smith/Wilder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-460. Page 9 of 14 Page 16 of 320 Resolution approving the Real Estate Purchase Agreement with Gift of Life Ministries for the City's acquisition of property located at 1651 Sycamore Street, in the amount of $250,000.00 plus up to $1,000.00 in closing costs, and authorizing the Mayor and City Clerk to execute said document. Wilder/Creighton-Smith Forest Dillavou, 1725 Huntington Rd., commented that we would be paying three times the assessed value, this is not the proper use of taxpayer dollars. David Dryer, 3145 W. 4th St., disagrees with the purchase of the property and questioned what the city intends to do with the property. Mr. Boesen explained that initially he did not approve of this purchase, but after receiving quantifiable information from staff, he will now vote to support the purchase. Noel Anderson, Community Planning and Development Director, commented that we did get the EPA grant for one -million dollars and are eligible to use those funds toward the asbestos removal. He further explained that there has been great success in the area with the infill of small commercial buildings with a good tax base being created. Mr. Simon requested clarification of the area. Noel Anderson provided an overview of the area boundaries. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-461. Resolution approving a Development and Minimum Assessment Agreement with FDP OC, LLC, for the rehabilitation of 503 Commercial Street into a multi -story, mixed -use building of approximately seventy-eight apartment units on the upper levels and a retail storefront on the ground floor, including the Infill Housing Incentive of $5,000.00 per residential unit, property tax rebates for years one through five at ninety-five percent, years six through ten at ninety percent, and years eleven through fifteen at eighty-five percent, payment of fifty percent for removal of exterior paneling at $28,375.00 and a Minimum Assessment Agreement of $7,500,000.00, and authorizing the Mayor and City Clerk to execute said documents. Boesen/Wilder Mr. Boesen shared his concern over the amount of incentives in this agreement and questioned if it would be setting a precedence by not using our standard development agreement. Ms. Wilder questioned if the developer would still be interested if we were to revise the incentives. Noel Anderson, Planning and Community Development Director, addressed Mr. Boesen's questions, explaining that this is a larger project warranting an increase in some of the incentives, and shared the benefits of moving forward with this development agreement. Mr. Chiles spoke of the importance of identifying the uniqueness of a project to minimize chances that another developer might expect the same incentives. Page 10 of 14 Page 17 of 320 Council members continued to ask a variety of clarifying questions which Noel Anderson addressed. Mayor Hart commented on the significance of this building to downtown Waterloo and the incredible opportunity it is to work with a developer to restore this dilapidated and historic building. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-462. Resolution terminating the Professional Services Agreement with HR Green, originally executed on April 1, 2024, for environmental consulting services, to assist with the management and implementation of a CERCLA Section 104(K) Cleanup Grant from the Environmental Protection Agency, in conjunction with environmental cleanup of the former Rath buildings located at 1442 Sycamore Street. Wilder/Nichols David Dryer, 3145 W. 4th St., questioned how this termination agreement affects the various monies and grant dollars the company received. Noel Anderson, Community Planning and Development Director, provided an explanation of why the agreement was terminated. He further explained that the company was paid hourly but did not receive any money upfront, and also clarified that some grant money was paid to cover their progress in the work plan on the entire project, but that will be picked up by the next group coming in, so the city is not losing any money by changing the environmental firm. Forest Dillavou, 1725 Huntington Rd., shared his concerns about costs. Noel Anderson clarified that the costs are being covered by federal dollars from the Environmental Protection Agency. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-463. Resolution approving a Temporary Construction Easement Agreement with Sunnyside Terrace, Inc., located southeast of 1900 Westchester Road, in conjunction with the Sunnyside Creek Drainage Improvements Proiect, and authorizing the Mayor and City Clerk to execute said document. Wilder/Nichols Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-464. Resolution supporting an agreement to obtain funding through the Iowa Department of Transportation's Revitalize Iowa's Sound Economy (R.I.S.E.) program for the Dakota Drive Construction Project. Wilder/Nichols Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Page 11 of 14 Page 18 of 320 assigned No. 2024-465. Resolution approving a Developer Distribution Agreement with Google Play, in the amount of $25.00, to make the ReCollect App available in Google Play for sanitation users ordering services. Simon/Chiles David Dryer, 3145 W. 4th St., questioned what ReCollect app means. Randy Bennett, Public Works Division Manager, provided an overview of how the ReCollect app works. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-466. Resolution approving a Developer Agreement with Apple, in the amount of $99.00, to make the ReCollect App available in the Apple Store for sanitation users ordering services. Simon/Chiles Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-467. Resolution approving a Professional Services Agreement with McClure Engineering Company, of Ankeny, Iowa, in the amount of $169,700.00, for design services in conjunction with the South Waterloo Business Park Project, and authorizing the Mayor and City Clerk to execute said document. Simon/Chiles Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-468. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., Waterloo, Iowa, in the amount of $49,500.00, in conjunction with the Virden Creek Dam and Fletcher Avenue Flood Closure Repair Analyses and Conceptual Design Report, and authorizing the Mayor and City Clerk to execute said document. Simon/Chiles Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-469. Resolution approving Supplemental Agreement No. 1, with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $54,500.00, in conjunction with the 4th, 5th, and 6th Street Conversion - Reconnected Communities Plot Program Grant Application Assistance, and authorizing the Mayor to execute said document. Chiles/Wilder David Dryer, 3145 W. 4th St., questioned why we need to do a conversion of these streets. Mayor Hart commented that the ideology that downtown businesses would better fare with having two-way traffic verses one-way, slowing traffic and allowing people options to better Page 12 of 14 Page 19 of 320 connect with the downtown area. Jamie Knutson, City Engineer, explained that it is just a different way of looking at things and noted that much has changed since the late 80's and early 90's. He further explained that single one-way couplets are outdated and this change will allow for better access for pedestrians, e-bikes and scooters as well as more parking. Mr. Boesen questioned what the grant application would do for the city. Michelle Sweeney, AECOM, explained that the grant application will assist with funding the project and added that it is necessary to review all safety concerns, not just vehicular safety. Mr. Chiles commented that he supports this conversion, as it slows down the track and allows people to stop, get out of their vehicles and go into businesses instead of just speeding in or out of town. Council members continued the discussion with Jamie Knutson and Michelle Sweeney. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-470. Resolution approving a Professional Services Agreement with AECOM Technical Services, of Waterloo, Iowa, in the amount of $1,732,900.00 for inspections, in conjunction with the FY 2024 La Porte Road Improvements, IDOT Agreement No. HDP-8155(787)--71-07, Contract No. 1016, and authorizing the Mayor and City Clerk to execute said document. This item was stricken from the agenda by amendment. Resolution approving a Professional Services Agreement with Public Consulting Group, in the amount of $20,000.00, for project management and submission of all required data into the Ground Ambulance Data Collection System as mandated by the Centers for Medicare and Medicaid Services, and authorizing the Medical Supervisor to execute said document. Chiles/Wilder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-471. ORDINANCES An ordinance amending Waterloo Fire Rescue fees for calls for service. Chiles/Wilder to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 5, Fees for Calls for Service, of Chapter 2, Fire Prevention and Protection, of Title 9, Building Regulations. Roll Call vote -Ayes: Six. Motion carried. Chiles/Wilder to suspend the rules. Roll Call vote -Ayes: Six. Motion carried. Page 13 of 14 Page 20 of 320 Chiles/Wilder to receive, file, consider, and pass for the second and third times and adopt the ordinance. Roll Call vote -Ayes: Six. Motion carried. Chiles/Wilder Resolution adopting fees for calls for service for Waterloo Fire Rescue. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-5771. ADJOURNMENT Nichols/Chiles that the council adjourn at 7:21 p.m. Voice vote -Ayes: Six. Motion carried. Nancy Higby, Deputy City Clerk Page 14 of 14 Page 21 of 320 August 9, 2024 The City Council of the City of Waterloo, Iowa, met in Special Session at City Hall in the City Clerk's Office, Waterloo, Iowa, at 11:00 AM, on Friday, August 9, 2024. Roll Call. Members present: Mr. Boesen, Mr. Nichols, Mr. Simon and Ms. Wilder. Mr. Boesen, Mr. Nichols and Ms. Wilder joined via Zoom. Wilder/Nichols to name Mr. Boesen as acting chair. Voice vote -Ayes: Four. Motion carried. Approval of Agenda Wilder/Nichols that the agenda as proposed be approved. Voice vote -Ayes: Four. Motion carried. CONSENT AGENDA Motion approving a five day Class C liquor license with outdoor service for Riverloop Expo Plaza, located at 327 W. 3rd Street, expiring on August 13, 2024. Simon/Nichols Voice vote -Ayes: Four. Motion carried. ADJOURNMENT Boesen/Nichols that the council adjourn at 11:03 a.m. Voice vote -Ayes: Four. Motion carried. Kelley Felchle City Clerk Page 1 of 1 Page 22 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bill Beck, Fire Chief August 19, 2024 Fire Rescue Department AGENDA ITEM TITLE Resolution approving the sale of a used pickup truck from the Fire Department via the Purplewave website. 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 23 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing (3) Ford F450 trucks, from Stivers Ford, Waukee, Iowa, in the amount of $168,516.75, for the Street Department. RECOMMENDED COUNCIL ACTION Requesting approval of purchase. SUMMARY STATEMENT AND BACKGROUND INFORMATION This is a state bid purchase. Replacement of Street Department vehicles that are being phased out for age, mileage, and condition: 2005 FORD F350 diesel 2WD (192J02), 2003 F450 4WD (193A02), 2005 F150 2WD (190503). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES 323-19-7100-2117 ALTERNATIVE ACTION LEGAL DESCRIPTION Page 24 of 320 ATTACHMENTS 1. STIVERS FORD F450 STREET 8.19.24 Page 25 of 320 c5tkeit& *-6t* $LI N COLN 7-18-2024 City of Waterloo Stivers Ford 625 Glenwood St 1450 E Hickman Rd Waterloo, IA, 50273 Waukee, IA, 50263 Below is the pricing information on the State of Iowa DAS contract, MA 005 23033 HDC Group 2.1 F450 Chassis Cab Bid Price $55,153 1. Programmable Engine idle Shut down $247.50 2. Spare Tire Delete $ no cost savings 3. Backup Alarm $200 4. Snow Plow Prep Package $250 5. Dual Battery $207.90 6. 410 amp dual alternator $113.85 Total per unit = $56,172.25 THIS QUOTE IS ONLY VAILD TO ORDER A 2024 MODEL WHILE THE GOVERNMENT ORDER BANK IS OPEN Payment terms: Net 30 days The city will authorize partial payments to Slivers Ford for individual units received and invoiced as part of a multi -unit order on a single purchase order within 30 days of delivery and invoicing of any individual units This quote is governed by the pricing, terms & conditions of State of Iowa DAS contract MA 005 23033 Sincerely, Ryley Schleder Slivers Ford 1450 E. Hickman (load • Waukee, IA 50263 Office (515) 987.3697 +Toll Free (800) 747-2744 • Fax (515) 987-0163 • www.StiversFardIA.com Page 26 of 320 Yvonne Brimmer From: RICHARD STRANGE Sent: Wednesday, July 24, 2024 9:01 AM To: Yvonne Brimmer Subject: RE: REPLACEMENT TRUCKS FOR STREET Street pick ups that will be replaced are numbered: 192J02 is a 2005 F350 diesel 2wd 193A02 is a 2003 F450 gas 4wd 190503 is a 2005 F150 gas 2wd We are removing these for age, milage and overall condition of the units. From: Yvonne Brimmer <Yvonne.Brimmer@WATERLOO-IA.ORG> Sent: Wednesday, July 24, 2024 8:22 AM To: RICHARD STRANGE <RICHARD.STRANGE@WATERLOO-IA.ORG> Subject: REPLACEMENT TRUCKS FOR STREET Can you tell me which inventory #/ make models we are replacing for the F450's? will be doing the forms and submission to civic clerk! Sheila just ran out to a doc appt. Thanks! Yvonne Brimmer Administrative Secretary Public Works, Street Department & Central Garage 625 Glenwood Dr., 50703 Ph: 319-291-4455, ext. 3686 Fax: 319-232-0264 CITY 4F 119«ATERLOO IOWA Community of Opportunity 1 Page 27 of 320 Sourcewell HGA Quotes: 1. $_ 2. $_ 3. $� Account (GL code): Vendor: Vendor: Vendor: Pre -Authorization Request Item Description: s P- 4 0 Li vuL.91,4ews'Fo-ve,6 In nded Use (replacement for X, new unit for X purpose, etc.): act 065 rs ciend . I Demo U init' 3aa-19-710D-r1-7 Page 28 of 320 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as September 5, 2024, and date of public hearing as September 16, 2024, in conjunction with the FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract No. 1111, and instruct the City Clerk to publish notice. 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 29 of 320 None Page 30 of 320 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 3 / F , 2024 by and between Lucy Evans (the "Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area (the "Urban Renewal Area"), pursuant to the East Waterloo Unified Urban Renewal and Redevelopment Plan (the "Urban Renewal Plan"). B. Developer has financed the demolition and removal of structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" attached hereto (the "Property"), which has served to eliminate a property in dilapidated, blighted and nuisance condition from a residential neighborhood and has readied the Property for future housing or other suitable development. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: Page 31 of 320 1. Sale of Property; Title. Subject to the terms hereof, and following completion of all public hearings and other procedures required by Iowa law, City shall convey the Property to Developer in its as -is condition for the sum of $1.00 and other good and valuable consideration, including without limitation the funds expended and to be expended by Developer in undertaking and completing the Project Activities (defined in Section 2). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Developer's purposes. Developer is responsible to conduct its own due diligence and inspections. At its own expense, Developer may prepare an updated abstract of title or in lieu thereof obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement without further obligation and return the abstract of title to City. If Developer elects to terminate this Agreement, City shall have no duty or liability to reimburse Developer for any cost, expense or liability relating in any way to the Project Activities. 2. Project Activities. Developer represents and warrants that she has obtained a permit for demolition of structures on the Property and has conducted and will continue to conduct all demolition and disposal activities (the "Project Activities") to make the Property usable for Developer's purposes in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal codes, ordinances and other applicable law. 3. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the completion of all Project Activities, Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise. B. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its Project Activities. 4. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 2 Page 32 of 320 B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 5. Indemnification and Releases. A. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any Project Activities. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its contractors or agents, or any other person who may be about the Property, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property, or (3) the Project Activities, or (4) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 6. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 7. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, 3 Page 33 of 320 agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 8. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 9. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 10. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 11. Severabiiity; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 12. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 13, Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 4 Page 34 of 320 14. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 15. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 16. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 17. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Lucy Attest: Kelley Felchle, City Clerk 5 or Page 35 of 320 EXHIBIT "A" Legal Description of Property Lot 9 in Block 3 in Manson's Second Addition to Waterloo, Iowa. Page 36 of 320 17:4cig 6i25 111111mmm111nmw11111111111111111u111ua *64-VCA: WMedw Prep red by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Doc ID. 010006770025 Type GEN Recorded: 11/20/2020 at 03:23:30 PM Fee Amt: $127.00 Page 1 of 25 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2021-00011025 Phone (319) 234-5701 DEVELOPMENT AGREEMENT (Phased Development) This Development Agreement (the "Agreement") is entered into as of .akAsA L3 , 2020 by and between 5 Bees, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Rath Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct buildings and related improvements on property located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that the development of the Property (defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. Within 30 days from the date of this Agreement, City shall convey to Company, for the sum of $1.00, the real property described on Exhibit "A" attached hereto (the "Property"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and aij Page 37 File Number: 2021-00011025 Seq: 1 right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances, or other applicable law. 2. Phased Development. The parties contemplate that Company will develop the Property and other nearby properties in phases, each of which is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: A. Phase 1. Demolition of existing structure on the Property and construction of a new commercial building of no less than 3,000 square feet. B. Phase 2. Interior and exterior improvements to an existing building on property at 1813 Black Hawk Street, Waterloo. C. Phase 3. Demolition of existing structure at 175 W. 16th Street, Waterloo (the "Phase 3 Lot") and construction of a new commercial building of no less than 3,000 square feet. D. Phase 4. Construction of a commercial building of no less than 6,500 square feet on parcel no. 8913-25-453-005 at the corner of Black Hawk Street and W. 18th Street (the "Phase 4 Lot"). Properties corresponding to Phases 2-3 are referred to as "Developer Properties," and the Property, Developer Properties and Phase 4 Lot are referred to as "Project Properties." For each phase, City may require that Company submit specific building designs and site plans for City review and approval. Improvements to the Project Properties completed within the schedule established by Section 5 below will be eligible for the benefits provided for in this Agreement, and any Phase of the Improvements not completed within the prescribed period will not be eligible for said benefits. 3. Improvements by Company. Company shall construct on the Project Properties the improvements described in Section 2 above, and related landscaping, paving, signage and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Project Properties, the Improvements, and all site preparation and development - related work to make the Project Properties usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 4. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to 2 Page 38 of 320 File Number: 2021-00011025 Seq: 2 extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property and the Phase 4 Lot to Company, and that without said commitment City would not have done so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain all permits to demolish the existing structure on the Property and to construct the Phase 1 Improvements so that construction on Phase 1 Improvements begins by April 1, 2021 (the "Phase 1 Start Date") and is completed no later than April 30, 2022 (the "Phase 1 Completion Deadline"). Phase 2 Improvements must be substantially completed by December 31, 2023, and Phase 3 Improvements must be substantially completed by December 31, 2024. Company must begin construction of Phase 4 Improvements within 12 months after City conveys the Phase 4 Lot to Company (the "Phase 4 Start Date) and must substantially complete such Improvements by December 31, 2026 or within 24 months after City conveys title to the Phase 4 Lot to Company, whichever is later (the "Phase 4 Completion Deadline"). For any phase, substantial completion of construction shall be evidenced by issuance of an occupancy permit. B. Events triggering reverter of title. (i) Subject to Unavoidable Delays as set forth below, if Company has not, in good faith, begun the construction of Phase 1 Improvements and Phase 4 Improvements by the corresponding Phase Start Date, then City may terminate this Agreement as to such phase area and title to such phase area shall revert to the City, except as may be provided in this Agreement; provided, however, that if construction has not begun by the applicable Phase Start Date but the development of the Project as to such phase is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the phase Improvements, and if an extension is granted but construction of the phase Improvements has not begun within such extended period, then City may terminate this Agreement as to such phase area(s) and title to the applicable phase area(s) shall revert to the City after the end of said extended period. In the event of any termination, City shall have no further obligations under this Agreement with respect to any affected phase area. (ii) If Company determines at any time that the Project, in whole or in part, is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the applicable undeveloped phase area(s) to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement with respect to any such phase area conveyed, except as expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against any Project Property deeded to City. 3 Page 39 of 320 File Number: 2021-00011025 Seq: 3 (iii) If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the phase area(s) shall revert to City. 5. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the reverted Project Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against such property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney - in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the reverted Project Property of any type or nature whatsoever that attaches to such property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. Water and Sewer. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Project Property that Company desires and for payment of any associated connection fees. 7. Additional City Assistance. The incentives described in the following subsections of this Section 7 are in addition to the other Project incentives extended by City to Company hereunder. A. Development Grant; Contingent Repayment; Security. City will provide payments of up to $120,000.00 (the "Grant") to assist Company with acquisition of Developer Properties and Company's demolition activities thereon. The schedule of payment shall be as follows: 4 Page 40 of 320 File Number: 2021-00011025 Seq: 4 P & 1) $70,000.00 within thirty (30) days after the date of this Agreement; 2) $25,000.00 within thirty (30) days after Company provides to City proof of closing on Company's purchase of the Phase 3 Lot. 3) $25,000.00 within thirty (30) days after Company provides to City proof of completed demolition of existing structures on the Property and the Phase 3 Lot. If Company fails to complete the Project as required by Sections 2 and 3, then the Grant will be repayable to City at the rate of $30,000.00 for each Project phase that is not completed. Any amount repayable shall accrue interest at the rate of six percent (6%) per annum from and after the date of disbursement from City and continuing until repaid in full. As security for repayment of the Grant, Company shall either (a) provide a mortgage to City against the Project Properties, which City agrees to subordinate to any mortgage for acquisition or construction financing, or (b) obtain and keep in force one or more performance bonds in the amount of not less than $150,000.00 for each Project phase and one or more payment bonds that guarantee the timely payment of all materials, services and labor. If Company elects to maintain performance and payment bonds, then certificates or copies of said bonds shall be delivered to City, and until Project completion Company will not do or omit the doing of any act which would vitiate any bond. Upon completion of a Project phase, City shall release any mortgage against property corresponding to such phase, and Company may terminate any performance bond or payment bond corresponding to such phase. B. Phase 4 Lot. Within sixty (60) days after the date of this Agreement, City will terminate the existing lease for the Phase 4 Lot between City and 3 Little Lambs, LLC and shall enter into a new lease for the Phase 4 Lot with Company, substantially in the form attached hereto as Exhibit "B". Within thirty (30) days after the lapse, release or discharge of any and all tax liens, judgment liens or other liens affecting the Phase 4 Lot (anticipated to occur no later than May 2024), City shall convey the Phase 4 Lot to Company on the same terms as the conveyance described in Section 1 of this Agreement. C. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. D. Vacated Alley. City agrees to take all steps necessary to vacate the alley behind the Property and to convey same to Company by quit claim deed concurrently with conveyance of the Property. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all 5 Page 41 of 320 File Number: 2021-00011025 Seq: 5 other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "C" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $150,000.00 (the "Phase 1 Minimum Actual Value"), through: either; (i) willful destruction of the Property, Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with Phase 2 Improvements, Phase 3 Improvements, and Phase 4 Improvements, the parties will execute and record for each such phase a separate MAA to establish the Minimum Actual Value ("MAV") for such phase. The parties anticipate that the MAV for Phase 2 will be $100,000.00, the MAV for Phase 3 will be $150,000.00, and the MAV for Phase 4 will be $400,000.00. The total MAV will be not less than $800,000.00 for all combined phases of Improvements. 9. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Project Properties, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Project Properties or any part thereof for any purpose except in connection with financing of the Improvements. 10. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer, in whole or in part, its interest in any Project Property prior to completion of the applicable Project phase to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 11. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the 6 Page 42 of 320 File Number: 2021-00011025 Seq: 6 P�3 Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until substantial completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. Each Project Property will have a taxable value as set forth in the corresponding MAA, and Company agrees that the minimum actual value of such property and completed Improvements thereon as stated in the MAA will be a reasonable estimate of the actual value of the such property and related Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Project Property and related site improvements, will equal or exceed the assessor's minimum actual value for such Project Property and Improvements as set forth in the MAA. D. Until termination of an MAA, Company will maintain, preserve and keep the Project Properties, including but not limited to the related Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. E. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Project Properties owned by it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property that is determined by any tax official to be applicable to the Project Properties or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Project Properties. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Project Properties and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 13. Representations and Warranties of City. City hereby represents and warrants as follows: 7 Page 43 of 320 File Number: 2021-00011025 Seq: 7 P 0& A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and 8 Page 44 of 320 File Number: 2021-00011025 Seq: 8 P & warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Properties or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Properties or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any term or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property or the Phase 4 Lot and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property or Phase 4 Lot, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 17. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 9 Page 45 of 320 File Number: 2021-00011025 Seq: 9 P� 46, &5 B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, the Phase 4 Lot, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Project Properties; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or an MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Project Properties. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 18. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property and/or Phase 4 Lot as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City 10 Page 46 of 320 File Number: 2021-0001 1025 Seq: 10 to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remediesunder this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 19. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at P.O. Box 655, Waterloo, IA 50704, Attention: Jonathan Brundrett. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such 11 Page 47 of 320 File Number: 2021-000T1025 Seq: 11 P � li&f2 transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 29. Time of Essence. Time is of the essence of this Agreement. 12 Page 48 of 320 File Number: 2021-00011025 Seq: 12 thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 29. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: 5 BEES, LLC than Brundrett, Vand Spey ial Projects Director PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all 13 Page 49 of 320 File Number: 2021-000T1025 Seq: 13 P � �41Sf2 promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and several. Will :m Brundrett q;than Brundrett 14 Page 50 of 320 File Number: 2021-000T1025 Seq: 14 Pq M EXHIBIT "A" Hayes Addition, Lot 7, Block 16, Waterloo, Black Hawk County, Iowa Page 51 of 320 File Number: 2021-000T1025 Seq: 15 P &f2 EXHIBIT "B" BUSINESS PROPERTY LEASE This Business Property Lease (the "Lease") is made and entered into as of ,�t►.� 1 , 2020, by and between the City of Waterloo, Iowa, an Iowa municipal corporation ("Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa, 50703, and 5 Bees, LLC ("Tenant"), whose address for the purposes of this Lease is P.O. Box 655, Waterloo, Iowa, 50704. 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: Tax parcel no. 8913-25-453-005, in Waterloo, Iowa, at the northwesterly corner of Black Hawk Street and W. 18'h Street, as legally described on Exhibit "A", with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term commencing upon the date hereof and continuing until and including December 31, 2024, upon the condition that the Tenant pays rent therefor, and otherwise performs as provided in this Lease. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $ 1.00 , in advance, due upon signing of this Lease. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease and shall yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise expressly provided. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this Lease to use and to occupy the leased premises only for lawful purposes in its current condition. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever, except as otherwise provided herein. 6. CARE AND MAINTENANCE OF PREMISES. Tenant takes said premises in their present condition. Landlord shall have no duty whatsoever to care for or maintain the premises or any part thereof. Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, municipal ordinances, the laws of the State of Iowa and the federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to accumulate on said premises, and it will remove same from the premises at its own expense. Tenant shall, after taking possession of said premises and until the termination of this Lease and the actual removal from the premises, at its own expense, care for and maintain the premises in a reasonably safe and serviceable condition consistent with its own needs and pursuant to applicable law, ordinance or regulation. Tenant shall make no structural improvements without the Landlord's prior written approval of the plans and specifications therefor. Tenant shall be responsible for all necessary upkeep of lawns and grounds to keep the premises well - maintained. Tenant shall be responsible to clear ice and snow from all sidewalks on or abutting the premises. 7. FACILITY SERVICES. Tenant, during the term of this Lease, shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, garbage or trash disposal, and all other utilities or services of whatever kind and nature which may be used in or upon the leased premises. 15 Page 52 of 320 File Number: 2021-00011025 Seq: 16 P q47 22 8. END OF TERM. This Lease shall terminate upon expiration of the original term in accordance with Section 1. Tenant agrees that upon the termination of this Lease it will surrender, yield up and deliver the leased premises as required by Sections 3 and 4. Tenant shall not continue to occupy the premises beyond the Lease term without the express prior written consent of Landlord. 9. ASSIGNMENT AND SUBLETTING. Tenant may assign this Lease or sublet the premises or any part thereof without the prior written consent of Landlord, but in any such instance shall provide written notice of such assignment or sublease to Landlord. 10. PROPERTY TAXES. The Property is currently tax exempt. Tenant shall be responsible to pay before delinquency any general property taxes that may be assessed against the Property during the Term hereof. 11. INSURANCE. (a) Tenant agrees that it will at its own expense procure and maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $1,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. (b) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien. (c) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office, or its successor office, and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation of Landlord under this Lease, and to the extent not covered by insurance maintained by Landlord or Tenant, Tenant will protect, indemnify, and save harmless the Landlord, its officers, officials, employees, and agents, from and against any and all claims, demands, causes of action, loss, costs, expenses, damages and liabilities of any type or nature (including but not limited to attorneys' fees and expenses) (each of the foregoing is a "Claim") occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The foregoing indemnity shall include, but is not limited to, Claims of Tenant or any third party for loss, damage or destruction of any personal property or fixtures left on the premises after termination of the tenancy. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Lease. 13. FIRE AND CASUALTY. In the event of a destruction or damage of the leased premises so that Tenant is not able to conduct its business on the premises, and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues and, each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. 14. CONDEMNATION. N/A. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This Lease shall terminate upon expiration of the demised term. Upon default by Tenant in accordance with the terms and provisions of this Lease, or upon Tenant's abandonment of the premises by failure to engage in business activities on the premises for more than fourteen (14) consecutive 16 Page 53 of 320 File Number: 2021-000T1025 Seq: 17 P � 49&f2%5 business days, this Lease may at the option of the Landlord be canceled and forfeited, provided, however, before any such cancellation and forfeiture Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this Lease will be canceled and forfeited ten (10) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below. (b) Waiver as to any default shall not constitute a waiver of any other or subsequent default. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. N/A. 17. SIGNS. Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the leased premises, provided only that any and all signs shall comply with the ordinances of the municipality in which the property is located and with the laws of the State of Iowa. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs, salvaging or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code as codified in the State of Iowa upon all personal property, and all substitutions, replacements, accessories, and accessions thereto and thereof, kept and used on the leased premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent or for termination of this Lease because of Tenant's default in its performance. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. Tenant shall have the right, from time to time during the term of this Lease, to sell or otherwise dispose of any personal property of the Tenant situated on the leased premises, when in the judgment of the Tenant it shall have become obsolete, outworn, or unnecessary in connection with the operation of Tenant's business on the leased premises. 21. OTHER PROVISIONS. (a) The parties acknowledge that the leased premises are subject to several federal tax liens and/or judgment liens arising from a prior owner, which by the passage of time will lapse in 2024. If before the date of lapse any lien holder takes action to enforce its lien, Landlord agrees to work diligently to seek a release or discharge of such lien. After lapse, release or discharge of all liens, Landlord shall convey the leased premises to Tenant pursuant to the terms of a development agreement between the parties. 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others or exclusive of any rights, remedies, or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 17 Page 54 of 320 File Number: 2021-0001 1025 Seq: 18 Pq 49 M2 24. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective heirs, personal representatives, successors, and assigns of the parties hereto; except that if any part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. IN WITNESS WHEREOF, the parties hereto have duly executed this Business Property Lease as of the date first written above. LANDLORD TENANT City of Waterloo, Iowa 5 Bees, LLC By• Quentin Hart, Mayor Attest: 18 By: than Brundrett, VP an. Sp'al Pro -cts Director Page 55 of 320 File Number: 2021-000T1025 Seq: 19 EXHIBIT "1" Legal Description of Leased Premises HAYES ADDITION PARCEL I OF SE 1/4 SEC 25 T 89 R 13 LYING IN BLK 15 AND FORMALLY A PART OF PARCEL F AS SHOWN IN DOC 2007-014335 DESC AS COM AT SELY COR BLK 15 HAYES ADD TH N 49 DEG 01 MIN 25 SEC W 5 FT ALONG SLY LINE BLK 15 TO PT OF BEG TH N 24 DEG 27 MIN 43 SEC E 426.10 FT TO PT ON SWLY LINE OF PARCEL DEED B 545 P 381 PT BEING 75 FT NWLY OF ELY TERMINUS OF THAT LINE TH N 40 DEG 14 MIN 30 SEC W 154.78 FT ALONG PARCEL DESC CLD B 545 P 381 TH S 40 DEG 50 MIN 06 SEC W 259.58 FT ALONG A LINE PAR WITH AND 140 FT DISTANT TO ELY LINE BLK 16 HAYES ADD TO SLY LINE BLK 15 TH S 49 DEG 01 MIN 25 SEC E 222.28 FT ALONG SAID SLY LINE BLK 15 TO PT OF BEG EXC NWLY 45.94 FT IN EVEN WIDTH AS MEASURED ALONG NLY ROW LINE BLACK HAWK ST. 19 Page 56 of 320 File Number: 2021-0001 1025 Seq: 20 P gafi55 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 13. , by and among the CITY OF WATERLOO, IOWA ("City"), 5 BEES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake, or cause to be undertaken, the development of an area ("Project") within the Rath Urban Renewal and Redevelopment Plan area of the City; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon as a part of the Project shall not be less than $150,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties agree that construction of the Improvements will be substantially completed on or before December 31, U 24 . If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 20 3Z.. Nothing herein shall be deemed to waive the Company's rights under Iowa Code 20 Page 57 of 320 File Number: 2021-000T1025 Seq: 21 § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA 5 BEES, LLC By: Quentin M. Hart, Mayor Attest: Kelley Fe hle, City Clerk athan Brundrett, VP S t ecial Projects Direct STATE OF IOWA ) )ss. COUNTY OF BLACK HAWK ) On this 1111/‘day of , 2020, before me, a Notary Public in and for the State of Iowa, personally peared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and 21 Page 58 of 320 File Number: 2021-0001 1025 Seq: 22 PIq i3 M2%5 existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. 4P(.1 A • ;era, • RI, 77 'o NANCY HIGBY COMMISSION NO.788229 MY COMMISSION EXPIRES 2-7-2 -- Notary Public STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2020 by Jonathan Brundrett as Vice President and Special Projects Director of 5 Bees, LLC. � TIM ANDERA 2 - COMMISSION NO. 772518 *mum* MY COMMISSION EXPIRES row, APRIL 11, 2021 Notary Public 22 Page 59 of 320 File Number: 2021-0001 1025 Seq: 23 Mfg CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be Tess than One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. /essoror Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on &) , by T.J. Koenigsfeld, Assessor for Black Hawk County, owa. TIM ANDERA COMMISSION NO.772518 MY COMMISSIN MIS 1 O2 EXPIRES Notary Public 23 Page 60 of 320 File Number: 2021-0001 1025 Seq: 24 Pq M TERMINATION OF BUSINESS PROPERTY LEASE WHEREAS, the City of Waterloo, Iowa ("City") and 3 Little Lambs, LLC ("Company") are parties to a certain Business Property Lease (the "Agreement") concerning real property in Black Hawk County, Iowa, described as parcel no. 8913-25-453-005, and the parties desire to terminate the Lease. NOW, THEREFORE, the parties herby terminate the Lease as of the date hereof and state that the Lease shall have no further force or effect. Dated 3 1.3 , 2020 CITY OF WATERLOO, IOWA By: D-k-Q-U/Y15LcMU461— Quentin Hart, Mayor Attest: Kelley Fe1, City Clerk 3 LITTLE LAMBS, LLC athan Brundrett Managing Member Page 61 of 320 File Number: 2021-000T1025 Seq: 25 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $211,889.50, in conjunction with the FY 2023 Greenbelt Lake REAP Grant Project Phase II, Contract No. 1085, and receive and file a two-year maintenance bond. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 62 of 320 1. Greenbelt lake Maintenance Bond Page 63 of 320 MAINTENANCE BOND Bond No. 2346418 ALL MEN BY THESE PRESENTS. That, Vieth Construction Corporation as Principal, and the Swiss Re Corporate Solutions America Insurance Corporation are held and firmly bound unto City of Waterloo. Iowa of Cedar Falls, IA as Surety, in the penal sum of Two Hundred Eleven Thousand Eight Hundred Eighty-nine & 50/100 ($ 211,889.50 Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas the said Principal entered into a certain contract, with City of Waterloo, Iowa To furnish all the material and labor necessary for the construction of Contract No. 1085 F.Y. 2023 Greenbelt Lake Reap Grant Phase II, City of Waterloo, IA in Waterloo, IA In conformity with certain specifications; and Whereas a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from date of acceptance of the work under said contract; and Whereas the said Swiss Re Corporate Solutions America Insurance Corporatic for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of two (2) years from the date of date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise, to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this 7th day of August , 2024 . Vieth Construction Corporation Prin it I. Swiss Re Corporate Solutions America Insurance Corporatip ,,,- ""irk. •'!.11 64 4SEALg Sure Attorney -in -Fa c`. 1200 Main Street, Suite 800 Address Kansas City, MO 64105-2478 ;273 Page 64 of 320 E As SAL:r` r 1973 r . y,4 p 'nn•'''' SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM McCULLOH, DIONE R. YOUNG, SETH ROOKER, JENNIFER MARINO, JOSEPH TIERNAN, KATE ZANDERS, SARA HUSTON, JOHN CORD LUKAS SCHRODER and JAMIE GIFFORD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be hirtiiine noon the Corporation when so affixed and in the future with regard to anv bond, undertaking or contract of surety to which it is attached." nnn•n"npry. .nn tauup. r. "� pI18+uIF/4A shy n, „.0•48 F 46, 1ytnFP9Rtrt$d6. c4.a0R4ft`: r . SEAL n. 4+d,,dt, n'NNfr $y Erik Janssens, Senior Vice President of SRCSAIC & Senior Vier Prttitle'llt of SRCSPIC & Senior Vice President of WIC Gerald Jagrowski, Vice President of SRCSAIC & Vice President of SRCSPIC & Vice President of WIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2nd day of FEBRUARY 20 24 State of Illinois County of Cook ss Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions Premier Insurance Corporation Westport Insurance Corporation On this 2nd day of FEBRUARY , 20 24 before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald .lagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. i — OFFICIAL SEAL — " cI-IRtsfNA MANIScO NOTARY P ISLIC, SUMOF LLMOII "x frok>Atr' Bred "oxe se, IMO I, Jeffrey Goldberg,. the duly elected Senior Vice President and Assislitnl ticcrclai s of SRCSAIC and SRCSPIC and WIC. do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7th day of August , 20 24 . Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC Page 65 of 320 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 1 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $21,450.00, in conjunction with the FY 2024 Crossroads Boulevard Median Improvement, Contract No. 1089, and authorizing the Mayor and City Clerk to execute said document. 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 66 of 320 1. Patially Signed Page 67 of 320 ATTEST: CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 1 PROJECT: FY 2024 Crossroads Blvd Median Improvement, CONTRACT NO. 1089 Date Prepared: 8/8/2024 AMOUNT: $._S21.450.00 Increase TO: Vieth Construction Corporation, 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 06/14/2024. A. Description of change to be made or extra work to be done: Need to relocate an existing controller from the middle of the island along Crossroads Blvd to the exterior for the purpose of introducing a left turn lane into a new commercial building. This will include the relocation of the controller and service, tying existing lighting feeds to the relocated controller, MidAmerican Coordination, and any pavement restoration required. B. Reason for ordering change or extra work: We are planning to extend the left turn lane from Crossroads Blvd to Penney's St and provide left turn access to a new commercial building. C. Settlement for cost of work to be made as follows: 1001. Lighting Controller Relocation - LS - 1@ $21,450.00 = $21,450.00 Total Net Increase $21,450.00 CITY OF WATERLOO BY: Mayor Date CONTRACTOR BY: G 7 (/ c� & 2 5L Da e PRINTED NAME: Vit City Clerk Date TITLE: APPROVED: Engineer 08/08/2024 Date Page 68 of 320 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 15 with Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $22,548.61, in conjunction with FY 2020 University Avenue Reconstruction Phase 3 Project, Contract No. 971, and authorizing the Mayor and City Clerk to execute said document. 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. 24-06-19 Fletcher Ave. Sign Damage Page 69 of 320 2. Change Order #15 Contractor Signed - Uni Ave Ph 3 Page 70 of 320 ra PETERSON CONTRACTORS, INC. EXTRA WORK AUTHORIZATION NEI IBECK IeWd PO Box A Phone: 319-345-2713 Reinbeck, Iowa 50669 Fax: 319-345-2991 NI, Oj.__ ., 1- AMhas neap:: < .....rc� www.petersoncontractors.com Project Name: Date: PCI Job # Extra Work Autorization # University Ave. Phase III J8633 06/19/24 Remarks or Description of Extra Work: Below is the pricing to repair the damage to the Fletcher Ave. Round About signage. Item # Description Quantity Units Base Unit Rate % Mark Up % Discount Adjusted Unit Rate Total Amount 1 Matthias Landscaping 1.00 LS $898.74 10.00% 0.00% $988.61 $988.61 2 KW Electrica 1.00 LS $1,000.00 10.00% 0.00% $1,100.00 $1,100.00 3 Signs & Designs 1.00 LS $18,600.00 10.00% 0.00% $20,460.00 $20,460.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 Total Amount: The work covered by this authorization shall be performed in accordance with the same terms and conditions as included in the original contract. $22,548.61 Work Authorized and Changes Approved by: Prime Contractor or Owner: Peterson Contractors, Inc. By: By: Chris Fleshner Title: Date: Date: 6/19/2024 Page 71 of 320 Chris Fleshner From: Kevin Martin <kmartin@kwsign.com> Sent: Wednesday, June 19, 2024 4:01 PM To: Chris Fleshner Subject: Fletcher RAB repair $1,000.00 Kevin Martin President - Civil 3192770415(0) 3192401119(M) EILEcTRI } INC. 100% Employes Owned Report This Email 1 Page 72 of 320 M IAS LANDSCAPING CO. Peterson Contractors Inc. PO Box A 104 Black Hawk St. Reinbeck, IA. 50669-0155 Description Labor to dig out on each side of the panels to be replaced. Dirt stored on site and reused to back fill when panels replaced Hardwood Mulch per cubic yard Contact Doug Matthias with questions Estimate Date 5/14/2024 Project Fletcher Round About Repair Qty 8 2 Please call or E-mail if you have any questions. Cost 100.00 49.37 Total 800.00 98.74 Subtotal $898.74 Sales Tax (7.0%) $0.00 Total $898.74 Matthias Landscaping Co. 3170 Wagner Rd. Waterloo IA 50703 319-226-6000 Fax 319-226-6003 Page 73 of 320 Signs & Designs 5600 Nordic Dr Cedar Falls, IA 50613 US +1 3192778829 thesignpeople.net ADDRESS Dolan Concrete & Masonry Inc. 1140 Fairchild St. Waterloo, IA 50703 SALES REP JMB Estimate 424-102 DATE 04/29/2024 EXPIRATION DATE 05/29/2024 ACTIVITY DESCRIPTION QTY RATE AMOUNT Fletcher Ave Roundabout Waterloo, IA Sign Fletcher Ave Roundabout Repairs - Remake (3) front panels - Remake (1) back panel and the large rear access panel - Remove and replace (2) vertical frame tubes - Remake and replace (1) radius top panel - Replace 2" wide trim pieces, where necessary - All materials will be CORTEN steel - Hole pattern on new panels will be adjusted to new locations, because fasteners are broke off in the existing frame Contact Signs & Designs to pay. For quotes over $500, a 50% deposit is required to place order, balance due upon project completion. Accepted By 1 18,600.00 18,600.00 TOTAL $1 8,600.00 Accepted Date Page 74 of 320 ,130/5 Owner City of Waterloo Project University Avenue Reconstruction - Phase 3 CHANGE ORDER NO. 15 Date: 7/1/2024 Owner's Contract No. 971 Contractor: Peterson Contractors, Inc. Date of Contact Start 3/16/2020 Contract Amount: $ 14,387,651.08 You are directed to make the following changes in the Contract Documents. Description: 15-1 MATHIAS LANDSCAPING 15-2 KW ELECTRIC 15-3 SIGNS & DESIGNS TOTAL ADDITIONS $ 988.61 /LS x 1 LS $ 988.61 $ 1,100.00 /LS x 1 LS $ 1,100.00 $ 20,460.00 /LS x 1 LS $ 20,460.00 $ 22,548.61 Reason for Change Order 15-1- These bid items includes all labor, equipment and supplies to repair the city's monument signage at the University Avenue & Fletcher 15-3 Avenue intersection roundabout. CONTRACT PRICE Original: Previous C.O.s (ADD/DEDUCT) This C.O. (ADD/DEDUCT) Contract Price with all approved Change Orders: $ 14,387,651.08 Original Completion Date: $ 546,252.44 $ 22,548.61 Revised Completion Date: $ 14,956,452.13 CONTRACT TIME To Substantial To Final Completion Completion 11/19/20211 11/19/2021 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 (Au ACCEPTED: BY: Date s C7,(7�r 8/7/24 Contractor (Authorized Signature) Date ACCEPTED: BY: AECOM ignature) dri/e e- Sr/4-e/ <7 8/7/24 Date AECOM 60630288 I 15 Project No. C.O. No. Page 75 of 320 EWE' PETERSON CONTRACTORS, INC. Oh\RACZNIRS IC EXTRA WORK AUTHORIZATION ItIOOECO • - IOWA PO Box A Phone: 319-345-2713 Reinbeck, Iowa 50669 Fax: 319-345-2991 -,0' ''� M ,� ,M l i ♦` www.petersoncontractors.com �IIr' Project Name: Date: PCI Job # Extra Work Autorization # University Ave. Phase III J8633 06/19/24 Remarks or Description of Extra Work: Below is the pricing to repair the damage to the Fletcher Ave. Round About signage. Item # Description Quantity Units Base Unit Rate Mark Up Discount Adjusted Unit Rate Total Amount 1 Matthias Landscaping 1.00 LS $898.74 10.00% 0.00% $988.61 $988.61 2 KW Electrica 1.00 LS $1,000.00 10.00% 0.00% $1,100.00 $1,100.00 3 Signs & Designs 1.00 LS $18,600.00 10.00% 0.00% $20,460.00 $20,460.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 Total Amount: The work covered by this authorization shall be performed in accordance with the same terms and conditions as included in the original contract. $22,548.61 Work Authorized and Changes Approved by: Prime Contractor or Owner: Peterson Contractors, Inc. By: BY Chris Fleshner Title: Date: Date: 6/19/2024 Page 76 of 320 Chris Fleshner From: Kevin Martin <kmartin@kwsign.com> Sent: Wednesday, June 19, 2024 4:01 PM To: Chris Fleshner Subject: Fletcher RAB repair $1,000.00 Kevin Martin President - Civil 3192770415(0) 3192401119(M) LECTRIC, [NC. 100% Employee Owned 1 Report This Email Page 77 of 320 IAS LANDSCAPING CO. Peterson Contractors Inc. PO Box A 104 Black Hawk St. Reinbeck, IA. 50669-0155 Description Estimate Date 5/14/2024 Project Fletcher Round About Repair Qty Cost Total Labor to dig out on each side of the panels to be replaced. Dirt stored on site and reused to back fill when panels replaced Hardwood Mulch per cubic yard Contact Doug Matthias with questions 8 100.00 49.37 800.00 98.74 Please call or E-mail if you have any questions. Subtotal $898.74 Sales Tax (7.0%) $0.00 Total $898.74 Matthias Landscaping Co. 3170 Wagner Rd. Waterloo IA 50703 319-226-6000 Fax 319-226-6003 Page 78 of 320 Signs & Designs 5600 Nordic Dr Cedar Falls, IA 50613 US +1 3192778829 thesignpeople.net ADDRESS Dolan Concrete & Masonry Inc. 1140 Fairchild St. Waterloo, IA 50703 SALES REP JMB Estimate 424-102 DATE 04/29/2024 EXPIRATION DATE 05/29/2024 ACTIVITY DESCRIPTION QTY RATE AMOUNT Fletcher Ave Roundabout Waterloo, IA Sign Fletcher Ave Roundabout Repairs - Remake (3) front panels - Remake (1) back panel and the large rear access panel - Remove and replace (2) vertical frame tubes - Remake and replace (1) radius top panel - Replace 2" wide trim pieces, where necessary - All materials will be CORTEN steel - Hole pattern on new panels will be adjusted to new locations, because fasteners are broke off in the existing frame Contact Signs & Designs to pay. For quotes over $500, a 50% deposit is required to place order, balance due upon project completion. Accepted By 18,600.00 18,600.00 TOTAL $18,600.00 Accepted Date Page 79 of 320 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 11 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $51,478.50, in conjunction with the FY 2022 Sullivan Brothers Plaza Renovation, Contract No.1069, and authorizing the Mayor and City Clerk to execute said document. 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. CO 11_Contractor + ISG signed Page 80 of 320 Page 81 of 320 =Tt TADocument G701® 2017 Change Order PROJECT: (Name and address) City of Waterloo Sullivan Brothers Plaza Renovation, Waterloo. IA. OWNER: (Name and address) City of Waterton 715 Mulberry Street Waterloo. IA 50703 CONTRACT INFORMATION: Contract For: General Construction Project No: 21-25083 Dale: February 24, 2022 ARCHITECT: (Name and address) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 CHANGE ORDER INFORMATION: Change Order Number: 011 Date: July 22, 2024 CONTRACTOR: (Name and address) Vieth Construction Corporation 6419 Nordic Drive Cedar Falls, 1A 50613 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable. attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) Refer to attached Proposal Request 07 - ADD $51,478.50 The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Stun will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be unchanged $ 1,692,500.00 $ 96,643.81 $ 1,789,143.81 $ 51,478.50 $ 1,840,622.31 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. I & S Ciroup, Inc. (ISG1 Vieth ConstructionLurporatxuu ARCHECT (Firm name) CONTRA (Firm name) SIGNATURE Nick Frredemiksen, Project Manager PRINTED NAME AND TITLE July 22, 2024 DATE SIGNATURE City of Waterloo OWNER (Firm name) SIGNATURE Tony Vieth, 1{resident Quentin Hart, Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE DATE AIA Document G701 — 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 09:12:58 ET on 07/23/2024 under Order No.3104238596 which expires on 12/12/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents') Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com, User Notes: (389ADA52) 1 Page 82 of 320 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Motion to approve Final Quantity Summary with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net decrease of $2,372.00, in conjunction with the FY 2023 Greenbelt Lake REAP Grant Project Phase II, Contract No. 1085, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Final Quantity Summary SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. FINAL ADJUSTMENT QTY SIGNED Page 83 of 320 Page 84 of 320 CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT: F.Y. 2023 GREENBELT REAP PHASE II CONT NO, 1085 DATE PREPARED: AUGUST 14,2024 AMOUNT: $2372.0 DECREASE TO: METH CONSTRUCTION CORPORATION 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 JUNE 5, 2023 . A. DESCRIPTION OF CHANGE TO BE MADE OR EXTRA WORK TO BE DONE: ADJUST CONSTRUCTION QUANTITIES TO ACTUAL CONSTRUCTION QUANTITIES. B. REASON FOR ORDERING CHANGE OR EXTRA WORK: AS -BUILT QUANTITIES VARIED FOR SOME BID ITEMS. C. SETTLEMENT FOR COST OF WORK TO BE MADE AS FOLLOWS: COMPENSATION ALREADY MADE TO CONTRACTOR THROUGH BID ITEMS. TOTAL DECREASE = $2372.0 BY: VIETH CONSTRUCTION CORPORATION MAYOR ATTEST: DATE CONTRACTOR CITY CLERK DATE BY: TITLE: &S/,'Mr. 10/ /lc). Al APP VED: I ENGIP� &/I DATE 7/5:7g1 DATE Page 85 of 320 F.Y. 2023 GREENBELT REAP PHASE II, CONT 1085 ITEM NO. ITEM DESCRIPTION UNIT ORIGINAL QUANTITY FINAL QUANTITY QUANTITY DIFFERENCE CONTRACTOR UNIT PRICE CONTRACTOR BID PRICE EXT. INCREASE/ DECREASE 1 SUBGRADE PREPARATION SY 188.0 188.0 0.0 $ 16.0 $ 3,008.0 $ - 2 STRIPPING, SALVAGING, AND SPREADING TOPSOIL SY 504 504.0 0.0 $ 15.0 $ 7,560.0 $ - 3 EXCAVATION, CLASS 10 CY 33.0 33.0 0.0 $ 110.0 $ 3,630.0 $ - 4 EXCAVATION, CLASS 10, BORROW CY 17.0 17.0 0.0 $ 115.0 $ 1,955.0 $ - 5 EXCAVATION, CLASS 10, WASTE CY 8.0 8.0 0.0 $ 105.0 $ 840.0 $ - 6 ROADSTONE, 3/4 INCH, 6 INCHES DEEP TON 8.0 4.4 -3.6 $ 105.0 $ 840.0 $ (378.0) 7 PAD, 5 INCH, PCC, CLASS C (SHELTER & KIOSK) SY 188.0 188.0 0.0 $ 75.0 $ 14,100.0 $ - 8 SIDEWALK, PCC, CLASS C, 4 INCH SY 76.0 75.6 -0.4 $ 65.0 $ 4,940.0 $ (26.0) 9 KAYAK LAUNCH SY 41.7 49.7 8.0 $ 205.0 $ 8,548.5 $ 1,640.0 10 SHELTER STRUCTURE, 20' x 28', COMPLETE LS 1.0 1.0 0.0 $ 67,500.0 $ 67,500.0 $ - 11 KIOSK, 8' X 13', COMPLETE LS 1.0 1.0 0.0 $ 37,500.0 $ 37,500.0 $ - 12 PARK IDENTIFICATION SIGN, LIMESTONE LS 1.0 1.0 0.0 $ 10,000.0 $ 10,000.0 $ - 13 GATE REMOVAL LS 1.0 1.0 0.0 $ 750.0 $ 750.0 $ - 14 GATE, 16 FOOT AGRICULTURAL WITH POSTS AND HARDWARE, COMPLETE LS 1.0 1.0 0.0 $ 2,175.0 $ 2,175.0 $ - 15 BOLLARD INSTALLATION EA 35.0 35.0 0.0 $ 250.0 $ 8,750.0 $ - 16 STRAW WATTLE INSTALLATION, MAINTENANCE, AND REMOVAL LF 345.0 151.0 -194.0 $ 7.0 $ 2,415.0 $ (1,358.0) 17 CONSTRUCTION ENTRANCE INSTALLATION, MAINTENANCE, AND REMOVAL LS 1.0 0.0 -1.0 $ 2,250.0 $ 2,250.0 $ (2,250.0) 18 MOBILIZATION LS 1.0 1.0 0.0 $ 15,000.0 $ 15,000.0 $ - 1A WOOD DECKING, SHELTER LS 1 1.0 0.0 $ 15,000.0 $ 15,000.0 $ - 2A WOOD DECKING, KIOSK LS 1 1.0 0.0 $ 7,500.0 $ 7,500.0 $ - TOTAL= $ 214,261.50 $ (2,372.0) N PAYMENTS PAY ESTIMATE #1 $ 87,733.93 PAY ESTIMATE #2 $ 88,483.00 PAY ESTIMATE #3 $ 25,078.10 RETAINAGE $ 10,594.48 TOTAL PAYMENTS $ 211,889.5 FINAL AMOUNT ORIGINAL CONTRACT AMOUNT $ 214,261.50 REVISED CONTRACT AMOUNT $ 214,261.50 FINAL QUANTITY SUMMARY $ (2,372.00) FINAL CONTRACT AMOUNT $ 211,889.5 Page 86 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Michael Smock, from the Civil Service list, to the position of Operator in the Waste Management Services Department, effective August 20, 2024, pending pre- employment physical and drug testing. RECOMMENDED COUNCIL ACTION Approve Michael Smock to WMS Operator 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. WASTE WATER OPERATOR Job Descp Page 87 of 320 2. WASTE WATER OPERATOR CS LIST (exp 7.25) 3. WASTE WATER OPERATOR 4.2024 4. PERSONNEL REQUISITION QUESTIONS Waste Water Operator Page 88 of 320 CITY OF �� << TERLOO J IOWA Community of Opportunity Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the position and following the directions to submit a resume. We will not accept mailed, faxed, hand -delivered or directly mailed resumes. Deadline to submit a resume is CIVIL SERVICE NOTICE ITY OF WATERLOO, IOWA OPEN EXAMINATION WASTE WATER OPERATOR DEPARTMENT WASTE MANAGEMENT SERVICES SALARY $30.37, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Technical position responsible for the overall operation and maintenance of the Waste Water Treatment Plant and related facilities as assigned. Will be responsible for performing operational tasks and duties to keep the wastewater plant in compliance with National Pollutant Discharge Elimination System (NPDES) permit compliance requirements. The work is performed under the general direction of the Treatment Operations Foreman and Treatment Operations Supervisor. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. The essential functions are performed according to Standard Operating Procedures. The procedures have been developed for the local jurisdiction based on generally accepted standards for wastewater treatment facilities. 1. Makes operational decisions and adjustments to insure compliance with NPDES permitted requirements. 2. Collects samples for routine lab testing. 3. Records and logs various operational data. 4. Monitors and trouble shoots plant equipment making operational adjustment via plant supervisory control and data acquisition (SCADA) system. 5. Reports need for major equipment repairs. 6. Lifts and carries weights up to one hundred pounds with assistance as needed. 7. Drives light and heavy-duty equipment as assigned. 8. Performs safety standby duties when others are working in confined spaces. 9. Works outside in all weather conditions; works near and around mechanical, hydraulic and electrical hazards; noise level is loud; atmosphere may contain dust, infectious waste, toxic and explosive gases or unfavorable natural ventilation; visibility might be poor and mobility limited. Page 89 of 320 10. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Waste Management Services safety rules and regulations. 11. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Understands concepts of waste water treatment and has the ability to utilize that experience to make operational decisions to maintain system compliance. 2. Ability to make simple mathematical calculations to make operational adjustments as necessary. 3. Ability to assess complex operations problems and make decisions based on standard operating procedures. 4. Ability to understand and follow oral and written directions. 5. Ability to prepare written reports, complete forms and perform required record keeping. 6. Mechanical aptitude. 7. Ability to operate utility vehicles, dump trucks and other automotive and ground maintenance equipment under all types of weather conditions. 8. Ability to work in confined spaces and at considerable heights. 9. Ability to complete daily work sheets and keep thorough operations logs and maintenance records. 10. Ability to communicate effectively and maintain working relationships with other City employees and supervisors. 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/equivalent with work experience in one or more of the following. (a.) Operations or maintenance in a water or wastewater organization; (b.) Formal education in environmental science; (c.) Operational or established skill in pumping or mechanical systems. Work experience must be verifiable. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position effectively 2. Preference given to candidates with advanced education, especially those with Iowa Waste Water Treatment certification. 3. Able to obtain State of Iowa Waste Water Operator Grade 1 Certification within 1 year of employment and Grade 2 within 3 years of employment; able to maintain certification - failure to obtain and maintain these certifications as indicated will result in termination of employment. 4. Iowa Driver's License and good driving record based on City of Waterloo driver performance criteria. Must be able to obtain a Class A or B Commercial Driver's License within 6-month probation. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; Page 90 of 320 loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one- year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. 5. Must be trained regarding Permit Required Confined Space Program as required by department head duties as assigned. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks including but not limited to lifting and carrying up to one hundred pounds with assistance as needed or to move barrels weighing up to five hundred pounds with proper equipment. 2. Sufficient physical and mental stamina to work double shifts during flooding or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors over the telephone or a radio. 4. Sufficient personal mobility that permits the employee to operate large and small vehicles in all types of weather, move from one waste treatment facility to another and work in cramped spaces or difficult to reach areas. 5. Sufficient manual dexterity and coordination for safe operation of manual and powered equipment; ability to grasp/grip tools, switches and valves. 6. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights on control panels. 7. Sufficient hearing to diagnose machinery problems and to communicate with coworkers. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hardhat, hearing protection, respirator and gloves. 2. Must wear standard uniform as supplied by City 3. Must comply with City of Waterloo Residency Policy for Critical Employees (physically reside within thirty -mile radius of Waterloo City Hall -will be given reasonable compliance period as determined by department head). Must maintain a local telephone number in order to be contacted during emergencies. 4. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 5. The City of Waterloo requires a physical examination by a physician of the City's choice, including a drug test, to determine if an applicant is capable of performing the essential functions of this job classification. Failure to pass these tests will result in withdrawal of employment offer. Page 91 of 320 6. The City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position 7. Must submit to and pass Civil Service oral examination. WORK SCHEDULE Scheduled shift is generally 7:00 a.m.-3:00 p.m. with a twenty -minute paid lunch and rotating weekends. Subject to emergency call or longer shifts during flooding or other emergency conditions. OPEN EXAM Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination. WASTE WATER OPERATOR DESCRIPTION 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 92 of 320 CITY OF ��J J�TERLOO Community of Opportunity July 19, 2024 TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 Phone: (319) 291-4303 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 Waste Water Operator for the City of Waterloo, Iowa WMS. This list shall be used to fill any vacancy in the Waste Water Operator classification from July 19, 2024 —July 19, 2025. Respectfully submitted, s— wIN 07/19/2024 10:37 AM EDT CERTIFIED LIST Joshua Staab Michael Smock Eric Schoville Dr Robert 'Welch 07/29/20241258 PM EDT Dr. Bev Smith Date Dr. Robert Welch Date 'YYlarOnne Kurten&ach 07/19/2024 10:38 AM EDT Marianne Kurtnebach Date Page 93 of 320 PERSONNEL REQUISITION FORM Check as applicable: To start recruiting or ci' service process and/or 'To fill a vacancy 0 Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: W aste Water Operator Department: Waste ManagNment Ser. ices Reports To: Brad Manahl-Assistiant Director ICT'M W1ork Location: 3505 Easton Ave Waterloo,1A Employment Status: Regular Full 'Time jj Temporar) Full Time from 7:00ain to 3:00pm Regular Pan Time fl Temporar) Pan Time from to Regular -1oitI J 1iiten/Co-op Student from to Type of Position: l Service Position: Yes Bargaining Position: El Yes Non -bargaining Position: flYes No No No Rtcomrnctided Recruitment Sources: ernal Posting Onl) ernal Posting and External Adve .****0*****************".******4.1.**************************0********0*************.*************** Complete the Ibllowing lithe requisition is to fill a vacane): 0 New Position or Replacement Position for: Tim Tro‘er SpeL 15 nanw ol Iiirrtwr lactunlvni If replacement. former incumbent: Retired:Resigned/Terminated ransferred Date incumbent terminated employment: 04/29,24 Date of final pa)out: Anticipated stan date: after (16/1124 No. of hours/week: 40 Work schedule: lam to 3pm Annual salary requirements: $_9_8J_186.16(incld hi HourRate: $ 47.16 (including benefits) Is position budgeted for this and future 11Ys? Yes No If no. how will position be funded? Sewer Funds led 44, (jf1/3 3 77 tweij )4vvii tue Ca"-IL'T JUNI ificat ion of need for position: Minimum staffing requirements were established to operate the Waste Management Plant and we will be below that level. What are the likely consequences if the position is not tilled? More overtime ,not meeting our minimum stalling requirement. Efficiencies oldie operational requirements would he effected. Approved subject to the following. • mditions: Vi,t'yett Noz,f 04/12/2024 04:25 PM EDT ate APPROVALS Chief Financial ( )1licer 'kcal Fe.i.A..55 04/15/2024 10:01 AM EDT Date Human Resources Comminec Chairperson Dale QuertEin .9-kre 31*10 04/12/2024 02:44 PM EDT 04/12/2024 04:22 PM EDT Date tanager Date Page 94 of 320 PERSONNEL REQUISITION (Waste Water Operator) The following questions are provided as guidelines to assist you in developing your rational for the position of Waste Water Operator in the Waste Management Services 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? Waste Water Operator is responsible for overall operation of the Waste Water Treatment facilities for the City. They maintain and control the process of waste water to stay in compliance with our NPDES permit. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No, Waste Water Operators are required to have a Grade II license with the IDNR to operate the plant. (3) How is the work of this position being accomplished now? With current operators. With recent promotions we are short an operator. This position is scheduled to work weekends on a rotating basis with the other operators. This leads to time off during workweek when workload is heavy and staff can be short on help with other employees off with time off as well. This leads to less eyes on running vital equipment and safety issues. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, lots of projects and construction going on to meet requirements. (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)? By providing operational duties and decision making to properly operate the plant, to stay within compliance of NPDES regulations. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? By properly operating the plant always looking for cost control operational strategies. Page 95 of 320 (7) (8) (9) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? No overtime has been needed to accomplish this work. This position has earned S5K-10K annually from overtime. How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Staffing has generally remained steady but with future retirements in near future this will put us in position to hire immediately and not lack in help for treatment operations. If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. The operations staff will be short on help. This could lead to non-compliance and possible overtime. Operations staff also plays a key role in helping stage equipment during flooding emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Other operators help fill in to help maintain the lost workload while they are out. (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? Not unless the whole treatment staff was outsource with a 3rd party. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Important, waste water continues the need to be treated and it cannot be done without operations staff. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Treatment Operations obviously plays a pivotal role in our biggest Goal and objective of staying in compliance with state and federal regulations. Being properly staffed helps do this. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 96 of 320 CITY OF ur TERLOO IOWA Community of Oppo Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the position and following the directions to submit a resume. We will not accept mailed, faxed, hand -delivered or directly mailed resumes. Deadline to submit a resume is CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION WASTE WATER OPERATOR DEPARTMENT WASTE MANAGEMENT SERVICES SALARY $29.46, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Technical position responsible for the overall operation and maintenance of the Waste Water Treatment Plant and related facilities as assigned. Will be responsible for performing operational tasks and duties to keep the wastewater plant in compliance with National Pollutant Discharge Elimination System (NPDES) permit compliance requirements. The work is performed under the general direction of the Treatment Operations Foreman and Treatment Operations Supervisor. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. The essential functions are performed according to Standard Operating Procedures. The procedures have been developed for the local jurisdiction based on generally accepted standards for wastewater treatment facilities. 1. Makes operational decisions and adjustments to insure compliance with NPDES permitted requirements. 2. Collects samples for routine lab testing. 3. Records and logs various operational data. 4. Monitors and trouble shoots plant equipment making operational adjustment via plant supervisory control and data acquisition (SCADA) system. 5. Reports need for major equipment repairs. 6. Lifts and carries weights up to one hundred pounds with assistance as needed. 7. Drives light and heavy-duty equipment as assigned. 8. Performs safety standby duties when others are working in confined spaces. 9. Works outside in all weather conditions; works near and around mechanical, hydraulic and electrical hazards; noise level is loud; atmosphere may contain dust, infectious waste, toxic and explosive gases or unfavorable natural ventilation; visibility might be poor and mobility limited. Page 97 of 320 10. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Waste Management Services safety rules and regulations. 11. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Understands concepts of waste water treatment and has the ability to utilize that experience to make operational decisions to maintain system compliance. 2. Ability to make simple mathematical calculations to make operational adjustments as necessary. 3. Ability to assess complex operations problems and make decisions based on standard operating procedures. 4. Ability to understand and follow oral and written directions. 5. Ability to prepare written reports, complete forms and perform required record keeping. 6. Mechanical aptitude. 7. Ability to operate utility vehicles, dump trucks and other automotive and ground maintenance equipment under all types of weather conditions. 8. Ability to work in confined spaces and at considerable heights. 9. Ability to complete daily work sheets and keep thorough operations logs and maintenance records. 10. Ability to communicate effectively and maintain working relationships with other City employees and supervisors. 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/equivalent with work experience in one or more of the following. (a.) Operations or maintenance in a water or wastewater organization; (b.) Formal education in environmental science; (c.) Operational or established skill in pumping or mechanical systems. Work experience must be verifiable. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position effectively 2. Preference given to candidates with advanced education, especially those with Iowa Waste Water Treatment certification. 3. Able to obtain State of Iowa Waste Water Operator Grade 1 Certification within 1 year of employment and Grade 2 within 3 years of employment; able to maintain certification - failure to obtain and maintain these certifications as indicated will result in termination of employment. 4. Iowa Driver's License and good driving record based on City of Waterloo driver performance criteria. Must be able to obtain a Class A or B Commercial Driver's License within 6-month probation. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; Page 98 of 320 loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one- year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. 5. Must be trained regarding Permit Required Confined Space Program as required by department head duties as assigned. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks including but not limited to lifting and carrying up to one hundred pounds with assistance as needed or to move barrels weighing up to five hundred pounds with proper equipment. 2. Sufficient physical and mental stamina to work double shifts during flooding or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors over the telephone or a radio. 4. Sufficient personal mobility that permits the employee to operate large and small vehicles in all types of weather, move from one waste treatment facility to another and work in cramped spaces or difficult to reach areas. 5. Sufficient manual dexterity and coordination for safe operation of manual and powered equipment; ability to grasp/grip tools, switches and valves. 6. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights on control panels. 7. Sufficient hearing to diagnose machinery problems and to communicate with coworkers. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hardhat, hearing protection, respirator and gloves. 2. Must wear standard uniform as supplied by City 3. Must comply with City of Waterloo Residency Policy for Critical Employees (physically reside within thirty -mile radius of Waterloo City Hall -will be given reasonable compliance period as determined by department head). Must maintain a local telephone number in order to be contacted during emergencies. 4. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 5. The City of Waterloo requires a physical examination by a physician of the City's choice, including a drug test, to determine if an applicant is capable of performing the essential functions of this job classification. Failure to pass these tests will result in withdrawal of employment offer. Page 99 of 320 6. The City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position 7. Must submit to and pass Civil Service oral examination. WORK SCHEDULE Scheduled shift is generally 7:00 a.m.-3:00 p.m. with a twenty -minute paid lunch and rotating weekends. Subject to emergency call or longer shifts during flooding or other emergency conditions. OPEN EXAM Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination. WASTE WATER OPERATOR DESCRIPTION 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 100 of 320 PERSONNEL REQUISITION (Waste Water Operator) The following questions are provided as guidelines to assist you in developing your rational for the position of Waste Water Operator in the Waste Management Services 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? Waste Water Operator is responsible for overall operation of the Waste Water Treatment facilities for the City. They maintain and control the process of waste water to stay in compliance with our NPDES permit. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No, Waste Water Operators are required to have a Grade II license with the IDNR to operate the plant. (3) How is the work of this position being accomplished now? With current operators. With recent promotions we are short an operator. This position is scheduled to work weekends on a rotating basis with the other operators. This leads to time off during workweek when workload is heavy and staff can be short on help with other employees off with time off as well. This leads to less eyes on running vital equipment and safety issues. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, lots of projects and construction going on to meet requirements. (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)? By providing operational duties and decision making to properly operate the plant, to stay within compliance of NPDES regulations. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? By properly operating the plant always looking for cost control operational strategies. Page 101 of 320 (7) (8) (9) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? No overtime has been needed to accomplish this work. This position has earned $5K-10K annually from overtime. How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Staffing has generally remained steady but with future retirements in near future this will put us in position to hire immediately and not lack in help for treatment operations. If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. The operations staff will be short on help. This could lead to non-compliance and possible overtime. Operations staff also plays a key role in helping stage equipment during flooding emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Other operators help fill in to help maintain the lost workload while they are out. (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? Not unless the whole treatment staff was outsource with a 3rd party. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Important, waste water continues the need to be treated and it cannot be done without operations staff. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Treatment Operations obviously plays a pivotal role in our biggest Goal and objective of staying in compliance with state and federal regulations. Being properly staffed helps do this. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 102 of 320 CITY OF ��J J�TERLOO Community of Opportunity July 19, 2024 TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 Phone: (319) 291-4303 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, Iowa Police Department. This list shall be used to fill any vacancy in the Clerk II classification from July 19, 2024 —July 19, 2025. CERTIFIED LIST Arnell Ernst Shelly Frein Sarah Weisert Jennifer Barclay Laura Haley Nicole Parker Jill Schares Tennille Smith Ann Knight Natasha Marquart Benjamin Chase Savannah Tovar Jennifer McGill Veronica Gregory Alexis Conner Page 103 of 320 CITY OF %4TERLO 0 IOWA Community of Opportunity Respectfully submitted, $_%l1L 516 0 07/19/2024 10:37 AM EDT �(/r /\obe/ 0 Welch 07/29/2024 12:58 PM EDT Dr. Bev Smith Date Dr. Robert Welch Date 11/larianne 07/19/2024 10:38 AM EDT Marianne Kurtnebach Date 9 Page 104 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Communication from the Library Department on the notice of the conclusion of employment of Austin Newland, Library Assistant, effective July 22, 2024, with recommendation of approval of payout of $1,819.01 for unused benefits. 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. NEWLAND PAYOUT 8.19.2024 Page 105 of 320 Page 106 of 320 CITY OF WATERLOO, IOWA CITY HALL To: City Council Members Re: Notice of Severance Department Library Job Title/Classification 715 MULBERRY STREET 50703 Today's Date: 7/23/2024 Effective Date: 7/22/2024 Employment Date: 8/22/2022 Library Assistant This is to report that the employment of Austin K. Newland with the City of Waterloo has been severed by reason of: o Retired Disability Related ONo 0 Resigned [� Termination Cl 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 -Accrued 62.4 $ 27.19 $ 1,696.66 Vacation -Current 4.5 $ 27.19 $ 122.36 Usable Sick Leave $ - (x) 25% $ - Frozen Sick Leave (x) 60% $ - Personal Hours $ - Plus Time $ - Unscheduled Leave $ - Sick leave payback $ - Total Payment $ 1,819.01 Approved by Human Resources NCOf yzi chets- Date7r iz/` az Date 08-06--2024 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk Clerk's Office will forward copy of approved form to Council Agenda Date:8/19/2024 KMW [] Accruals (Copy in Personnel File) Department and Human Resources Status E Updated 6/28/11 Page 107 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Communication from the Street Department on the notice of the conclusion of employment of Eugene Smith, Equipment Operator I, effective July 22, 2024, with recommendation of approval of payout of $9,478.46 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. E SMITH PAYOUT 8.19.2024 Page 108 of 320 Page 109 of 320 CITY %IJTERLO O IOWA Community of Opportunity Today's Date: 7/26/2024 Effective Date: 7/22/2024 Employment Date: 4/11/1989 Department: Street City Council Notice of Employment Severance Job Classification: Equipment Operator I Employee Name: Smith, Eugene The employment with the named City of Waterloo employee has been severed by reason of: 2 Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Vacation -Accrued Vacation -Current Usable Sick Leave Casual Hours Comp Time Pay Unscheduled Leave Other Pay Comments Approved by Total Hours 111.78 182.4 0 20 a 51 0 (x) Hourly Rate $ $ $ $ 30.12 30.12 30.12 25% 30.12 30.12 30.12 30.12 Total Payment Payout 3,366.81 5,493.89 602.40 15.36 9,478.46 Human Resources i/GCo'?e'Fi c i-el ' Council Agenda Date: 8/19/2024 KMW Date Date 08/06724 Page 110 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Communication from the Sanitation Department on the notice of the conclusion of employment of Dennis Moore, Solid Waste Technician, effective July 19, 2024, with recommendation of approval of payout of $3,467.79 for unused benefits. 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. MOORE PAYOUT 8.19.2024 Page 111 of 320 Page 112 of 320 CITY 4F WATERLOO IOWA Community of Opportunity City Council Notice of Employment Severance Today's Date: 8/5/2024 Department: PW SANITATION DEPARTMENT Effective Date: 7/19/2024 Job Classification: SOLID WASTE TECHNICIAN Employment Date: 7/25/1995 Employee Name: DENNIS MOORE The employment with the named City of Waterloo employee has been severed by reason of: E Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Vacation -Accrued Total Hours (x) Hourly Rate Payout 109.62 $ 31.04 $ 3,402.60 Vacation -Current $ Usable Sick Leave 8 $ 31.04 25% $ Casual Hours $ 62.08 Comp Time Pay 0.1 $ 31.04 3.10 Unscheduled Leave Other Pay Comments Approved by Human Resources Council Agenda Date: 8/19/2024 KMW Total Payment I $ $ 3,467.79 col fzsc/el Date o8/06/2024 Page 113 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Communication from the Street Department on the notice of the conclusion of employment of Shawn Fisher, Street Director, effective 7/26/2024 with recommendation of approval of payout of $7,065.79 for unused benefits. 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. FISHER PAYOUT 8.19.2024 Page 114 of 320 Page 115 of 320 CITY OF �J« �TERLOO IOWA Community of Opportunity Today's Date: 7/26/2024 Department: Street City Council Notice of Employment Severance Effective Date: 7/26/2024 Job Classification: Street Director Employment Date: 6/20/2022 Employee Name: Fisher, Shawn The employment with the named City of Waterloo employee has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ▪ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Payout Vacation -Accrued 68.38 $ 41.41 $ 2,831.62 Vacation -Current 76 $ 41.41 $ 3,147.16 Usable Sick Leave 0 $ 41.41 25% $ Casual Hours 18.25 $ 41.41 $ 755.73 Comp Time Pay 0 $ 41.41 $ Unscheduled Leave Other Pay Comments Approved by Human Resources Council Agenda Date: 0 $ 41.41 8 $ 41.41 331.28 Total Payment $ 7,065.79 Ncol TLsc/iel Date Q CO 1,4 Date 08/08/2024 8/19/2024 KMW Page 116 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department August 19, 2024 AGENDA ITEM TITLE Claudia Rivera, Board/Commission: Human Rights Commission, Expiration Date: August 19, 2025, [New Partial]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Claudia Rivera Page 117 of 320 CITY OF ��TERLOO CITY OF WATERLOO, IOWA omm�niry of OpportLniry BOARDS & COMMISSIONS APPLICATION Date: 04/27/2024 Claudia Rivera (Name) 1 Human Rights , request to be appointed to (state preference): 2. Home Phone: 319-343-7018 Cell Phone: 319-252-7300 Work Phone: 319-343-7018 Email Address director@patislibe.org Home Address 944 Newton St. Waterloo, IA Zip Code 50703 Employer PaTi's Libelulas Title Executive Director Employer Address 400 Broadway St., Waterloo, IA Zip Code 50703 How long have you resided in Waterloo? 30 yrs Email address: director@patislibe.org List current membership in organizations and offices held: Iowa Arts Council Iowa Cultural Coalition Latino College Access Network am available for meetings: ZA.M. E P.M. Z Noon �✓ Evenings I am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: As a member of the Commission, I would have the opportunity to advocate for the rights of my community. I can work to ensure that our civil, social, and cultural rights are respected by representation and voice. To raise awareness and have a voice for the cultural diversity in our community. Additional information and comments that may not be evident from information already on this form: I have served in various boards and coalitions for the state of Iowa representing Latinos in Iowa. References (include phone numbers): Sonia Reyes, Iowa Commission of Latino Affairs 515-281-4080 Dawn Oropeza, Executive Director of AlExito 515-480-0904 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Signature Rev 02/20/2020 RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayors waterloo-ia.org; PHONE 291-4301 Page 118 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department August 19, 2024 AGENDA ITEM TITLE Liquor Licenses a. Bamboo Ridge Campground, 4550 La Porte Rd., Class B Alcohol w/Sunday Sales (Renewal) Exp: 9/18/2025. b. BJ's Bar and Billiards, 110 Ida St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 7/29/2025. c. Casey's General Store #2879, 3260 University Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 9/30/2025. d. Liquor and Tobacco Outlet, 2844 University Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 8/15/2025. e. XO Food & Liquor, 428 Franklin St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 8/9/2025. f. RV Mixology, Hess Rd., Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 8/26/2024. g. Chilitos Mexican Bar and Grill, 441 E. Tower Park Dr., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 8/7/2025. h. Byron Mart, 306 Byron Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 8/9/2025. i. Waterloo Center for the Arts, 300 Jefferson St. Class C Alcohol (New 1-Day Transfer - 8/31) Exp: 9/1/2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 119 of 320 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 120 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department August 19, 2024 AGENDA ITEM TITLE Motion approving Cigarette/Tobacco/Nicotine/Vapor Permit Application for Vape Time, 325 Franklin Street. 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 121 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department August 19, 2024 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BONDS FOR COUNCIL APPROVAL_8.19.24 Page 122 of 320 IA 597492 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL August 19, 2024 PM SYSTEMS CORPORATION DBA PATE ASPHALT MARION, IA Page 123 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Sale and conveyance of city -owned property located at 1003 Vine Street, in the amount of $5,500.00, to JLS Partners Properties, LLC. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo obtained title to 1003 Vine Street by 657A court action. The home was deemed to be in adequate condition that it could be rehabilitated, and Leticia Silva with JLS Partners Properties LLC submitted the only proposal to rehab the property. The Planning Department is recommending that we move forward with the proposal, which includes acquisition of the property for $5,500 and rehabilitation of the home with an estimated cost of improvements of $55,000. The sale is proposed by Real Estate Contract, and the property would not be deeded until completion of the improvements. The development agreement provides for the developer to obtain a building permit and begin renovation within 6 months of execution of the Contract, and substantially complete the rehabilitation within 14 months of execution of the Contract. NEIGHBORHOOD IMPACT This request will have a positive impact on the neighborhood by elimination of the blighted 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 Page 124 of 320 LEGAL DESCRIPTION Lot 11 in Block 15 in Highland, Waterloo, Iowa, Second Filing. ATTACHMENTS 1. JLS Partners DA 1003 Vine 5-23-24 developer signed 2. Land contract - City to JLS Partners 1003 Vine developer signed 3. Proposal 1003 Vine St Leticia Silva 4. 1003 Vine St Detailed Report 5. 1003 Vine St Aerial Page 125 of 320 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2024, by and between JLS Partners Properties LLC ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer is willing and able to finance and rehabilitate an existing property owned by City that is located at 1003 Vine Street, Waterloo, Iowa (the "Property"), legally described as set forth on Exhibit "A" attached hereto. B. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that 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. Subject to the terms hereof, City shall sell the Property to Developer on contract (the "Contract") for the sum of $5,500.00 (the "Purchase Price"). Other terms of sale shall be as set forth in the Contract, the form of which is attached hereto as Exhibit "B." Closing on the Contract shall occur within thirty (30) days after City approval of this Agreement, and deed delivery shall occur within thirty (30) days after City has verified that the Improvements have been Substantially Completed (defined below). Page 126 of 320 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. At its own cost Developer shall (a) remove and properly dispose of all debris and unwanted personal property from the dwelling, (b) renovate the existing structure to a finished state for single-family residential purposes, and (c) make other improvements to the buildings and grounds, including but not limited to sidewalk, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer 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. 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." 2.1. Historic District Property. The Property is in the Highland Historic District. Alterations to the exterior of structures on the Property are subject to Historic Design Guidelines, and subject to approval of the City of Waterloo Historic Preservation Commission ("HPC"). Developer may be required to submit additional details for HPC approval and for issuance of building permits. Materials used in exterior finishes must be approved by HPC in advance of use. Developer agrees to comply with all requirements of HPC and applicable City ordinance, and Developer acknowledges that failure to comply may be grounds for City to declare a default of the Contract and to exercise the remedy of forfeiture. 3. Timeliness of Construction; Possibility of Contract Forfeiture. The parties agree that Developer's commitment to cause the Project to be undertaken and to renovate the Property and complete the Improvements in a timely manner constitutes a material inducement for the City to sell the Property to Developer and to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin renovation of the dwelling within six (6) months after Contract execution (the "Start Date") and must Substantially Complete construction of Improvements 2 Page 127 of 320 within fourteen (14) months after Contract execution (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 construction of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or Contract forfeiture. If Developer 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 12, and City shall then have no further obligation to Developer 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 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. As promptly as possible, Developer shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 12, City shall have no further obligations to Developer under this Agreement, including but not limited to any legal or equitable obligation to reimburse Developer for any costs expended by Developer with respect to the Project or to compensate Developer for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may forfeit the Contract in addition to exercising any other available remedies. 4. Utilities. Developer will be responsible for obtaining or 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 and costs of usage after the Contract date. 5. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Partial Purchase Price Refund. Within thirty (30) days after Developer has Substantially Completed the Improvements and has obtained final inspection on all permits obtained for the Project, City will refund $5,000.00 of the Purchase Price to Developer. 3 Page 128 of 320 B. Grant. Concurrently with refund of the Purchase Price pursuant to paragraph A above, City will make a $5,000.00 infill housing incentive grant to Developer within thirty (30) days after the Improvements are Substantially Completed. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, 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 mortgage in violation of this Section shall be void. 7. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Contract or 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. 8. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Developer with respect to construction of the Improvements. B. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. C. Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Developer shall make no sale or conveyance of the Property or any portion thereof without City's prior written consent. 4 Page 129 of 320 9. 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. 10. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. B. This Agreement has been duly and validly 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 terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. C. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which 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. D. 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) or financial position 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. 11. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: 5 Page 130 of 320 A. Failure by Developer to cause the 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, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. 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 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; or 12. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the 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 to recover ownership of the Property as set forth in this Agreement. 6 Page 131 of 320 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. 13. Indemnification and Releases. A. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after the Contract date or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its employees, contractors or agents, or any other person who may be on or about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Developer's failure to carry on or complete same. 7 Page 132 of 320 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. 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. 15. 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. 16. 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. 17. 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 514 Adams Street, Waterloo, Iowa 50703, Attention: Leticia Silva. 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, 8 Page 133 of 320 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. 18. 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. 19. 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. 20. 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. 21. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 22. 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, including signed counterparts delivered by facsimile or 9 Page 134 of 320 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, 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 JLS PARTNERS PROPERTIES LLC By: By: G A Quentin Hart, Mayor Leticia Silva, anaging Member Attest: Kelley Felchle, City Clerk I 10 Page 135 of 320 EXHIBIT "A" Property Description Lot 11 in Block 15 in Highland, Waterloo, Iowa, Second Filing. Page 136 of 320 EXHIBIT "B" Form of Contract See attached. Page 137 of 320 Prepared by: Christopher S. Wendland, P.O. Box 596, Waterloo, IA, 50704. 319-234-5701 Taxpayer address: JLS Partners Properties LLC, 514 Adams Street, Waterloo, IA 50703. NOTE: Conveyance from government entity. Exempt from declaration of value, groundwater hazard statement and real estate transfer tax. REAL ESTATE CONTRACT This Real Estate Contract (the "Contract"), made and entered into as of , 2024, by and between City of Waterloo, Iowa ("Seller") and JLS Partners Properties LLC ("Buyer"): WITNESSETH, that the Seller sells to the Buyer and the Buyer purchases the following described real estate (the "Property") situated in Black Hawk County, State of Iowa, to -wit: Lot 11 in Block 15 in Highland, Waterloo, Iowa, Second Filing. SUBJECT TO (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. INCLUDED in this sale, if located in or on the Property and if owned by Seller, are all equipment, machinery, fixtures, trade fixtures, and all other fixtures not hereinafter specifically reserved by Seller in writing. 1. THE TOTAL PURCHASE PRICE for the Property is Five Thousand Five Hundred and 00/100 Dollars ($5,500.00), payable to Seller at the address designated by Seller from time to time, as follows: (a) Four Thousand Nine Hundred Ninety -Nine Dollars ($5,499.00) upon execution of this Contract. Seller acknowledge prior receipt of $1,000.00 earnest money. (b) The balance of the purchase price will be due and payable in full on or before September 1, 2026. 2. POSSESSION is to be given Buyer on the date of execution of this Contract by both parties. Seller represents that there are no other parties currently in possession. 3. TAXES AND ASSESSMENTS. The Property is currently exempt from property taxes. Buyer will pay all future general property taxes and special assessments prior to becoming delinquent. 4. INSURANCE. From and after delivery of possession, Buyer shall provide fire and extended coverage insurance on said premises at least equal to $80,000 in a company acceptable to Seller, all policies to protect the interest of both parties hereto as their interests may appear. Buyer shall promptly provide to Seller a certificate of insurance naming Seller as an additional insured. 5. RENTS. Intentionally omitted. 6. TITLE. At the time of final payment hereunder, the Seller shall convey the Property to the Buyer by QUIT CLAIM DEED. Buyer shall be responsible, at its sole cost and expense, to obtain whatever evidence of title that it desires. Page 138 of 320 7. CARE OF PROPERTY. No improvements placed upon the Property, or now thereon, shall be removed or destroyed until final payment is made, nor shall the Buyer commit waste of the Property. Buyer shall be solely responsible, without claim or recourse to Seller, for any repairs, maintenance, or upkeep that may be necessary in connection with their occupancy, including but not limited to mowing in compliance with City of Waterloo ordinances, and for all costs of utilities and other services to the Property. 8. ADVANCEMENT BY SELLER. If Buyer fails to pay such taxes, special assessments, or insurance as above agreed, Seller may, but need not, pay such taxes, special assessments, insurance, and all sums so expended shall be due and payable on demand; or such sums so expended may, at the election of Seller, be added to the principal amount due hereunder and bear interest until paid at the highest legal rate allowable or 12% per annum, whichever is less, compounded monthly. 9. JOINT TENANCY PRESERVED. Intentionally omitted. 10. ADDITIONAL TERMS. The parties further agree as follows: (a) Seller does not make, and has not made, any representation or warranty concerning the Property or its condition or fitness for use for any particular purpose. The Property is sold to Buyer "AS IS." (b) Buyer may not sell, transfer or assign its interest in this Contract without the prior written consent of Seller. (c) Property is subject to the terms of a certain Development Agreement between the parties. Default under said agreement shall constitute a default of this Contract. (d) Included in the sale and purchase at no additional consideration are all equipment, fixtures, inventory and other personal property of any type or nature that is located in or upon the Property, all of which are sold to Buyer "AS IS." (e) Buyer acknowledges that it has had a full and fair opportunity to enter upon and inspect the Property and/or to have the Property inspected by contractors of its own choosing. 11. TIME IS OF THE ESSENCE of this Contract. Failure promptly to assert rights of Seller hereunder shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. 12. DEFAULT. If the Buyer fails to perform any of the terms of this Contract, the Seller may forfeit this Contract as provided by Iowa law governing the forfeiture of real estate contracts, and if this Contract is forfeited, Buyer shall thereafter be considered as a tenant holding over after termination of a lease. Upon completion of such forfeiture, all sums previously paid Seller hereunder and all improvements placed on the Property by Buyer shall become the absolute property of Seller as liquidated damages for the breach of this Contract and as rent for the premises. In the event of compliance with the terms of the notice of forfeiture of this Contract, Buyer shall pay the cost of serving said notice. 13. ACCELERATION. If Buyer fails for thirty days to perform any one or more of the terms of this Contract, the Seller may, without further notice, declare the entire amount of the balance unpaid hereunder immediately due and payable; and thereafter, at the option of the Seller, this Contract may be foreclosed and a receiver may be appointed to take charge of said premises and collect the rents and profits therefrom to be applied as may be directed by the Court, and Buyer agrees to pay reasonable attorney fees therefor. 14. PERSONAL PROPERTY. If this Contract includes the sale of any personal property, then in the event of the forfeiture or foreclosure of this Contract, the personalty shall be considered indivisible from the real estate above described; and any such termination of Buyer's rights in said real estate shall concurrently operate as the forfeiture or foreclosure hereof against all such personal property. 15. MORTGAGE BY SELLER. Intentionally omitted. 16. CERTIFICATION. Buyer and Seller each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and 2 Page 139 of 320 against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 17. BUYER'S RIGHTS UNDER ENCUMBRANCE. Seller shall pay all interest and principal on all encumbrance of the Property created or suffered by Seller when the same become due, and in the event of a failure on Seller's part to make any such payment before it becomes delinquent, Buyer may pay the same and receive credit hereon for the amount so paid. If Buyer is acquiring the Property from an equity holder, rather than from a titleholder, or in event there is a mortgage against the Property, then, in either of those events, Buyer hereby reserves the right, if reasonably necessary for his protection, to split the payments pro rata among the interested payees. 18. GENERAL TERMS; CONSTRUCTION. This Contract shall be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. It represents the entire agreement of the parties and may not be amended without the express written consent of both parties. The singular masculine gender is used to refer to the parties in this Contract. Such terms shall be construed to include the feminine and neuter genders and the plural number, if applicable. 19. COUNTERPARTS. This Contract may be executed in any number of counterparts, all of which, taken together, shall constitute one and the same instrument. SELLER BUYER City of Waterloo, Iowa JLS Partners Properties LLC By: By: ) A Quentin Hart, Mayor Leticia Silva, Managing Member Attest: Kelley Felchle, City Clerk STATE OF IOWA } } ss. BLACK HAWK COUNTY ) On this day of , 2024, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public [acknowledgments continue on next page] 3 Page 140 of 320 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) This record was acknowledged before me on of JLS Partners Properties LLC. �pAptA L z *, /OWA TRACIA S ROSS COMMISSION NO. 811963 MY COMMISSION EXPIRES , 2024, by Leticia Silva as Managing Member 4 Page 141 of 320 City of Waterloo Property Offer to Bid Form Property to be bid upon: 1003 Vine Street Name(s) in which property would be transferred: L Transfer Form: ` `f� CI r icvle r g gaper } i p L LC (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: cj-- t q Address of bidder: 5 0-1 Adam 5 Phone & e-mail of bidder: (3 t q) 416).4 ` 1 -' _ l l `� ct 42A. i c_i o o d e5 My offer for this property is: $ `.] 5 0 d Minimum bid of $5,000. Proposals less than minimum will not be considered $1,000.00 earnest fee required. Indicate certified or money order: 4-- (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: -E. k av e a co n-i a U4-c'- who 5; v) clr, a v- r) f f h e rcVlnktaRr o ►n to °. v�r� �►nc! 3 4n r- s-v' o dr. ckl/10( f-il+ iv\ h? • erg r ei .. ee i Rht9 d9fi•ce ev,Ce'k)hey, a ineu5� kn rend u 1rid Nl.Ke . ho +n e 1 S>7 ilcaLocA 9 Icc 9v7ack — nwM 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, and historic preservation regulations that apply. 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. 3-23- (1)1,1--\ Signature of applicant/proposer Date * 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 142 of 320 Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/TwplRng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District School District 891219307012 1003VINE ST WATERLOO IA 50703 N/A HIGHLAND2ND FILING LOT 11 BLK 15 (Note: Not to be used on legal documents) 202400008055{12/20/2023} 0 R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood EWTLO-10 Owner information Deed CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Address Change Form Mail To CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 k= _:2{,is Sales Date Seller 5/10/2005 HENEGHAN,MICHAEL PATRICK Show Deed/Contract Show Deed/Contract Land Buyer HEARITY,ROBERT JOHN Recording Sale Condition - NUTC 2005- NORMALARMS-LENGTH TRANSACTION - 26054 PRIOR09 Lot Dimensions Regular Lot: 50.00 x 140.00 Lot Area 0.16Acres;7,000 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Multi Type Parcel Amount Contract $50,000.00 Page 143 of 320 Residential Dwelling Occupancy Style Architectural Style Year Built Exterior Material Total Gross Living Area Attic Type Number of Rooms Number of Bedrooms Basement Area Type Basement Area Basement Finished Area Plumbing Central Air Heat Fireplaces Porches Decks Additions Garages Permits Permit # WA 07610 WA 07302 WA 05037 WA 03736 Valuation Single -Family/ Owner Occupied 2 Story Frame N/A 1924 Wd Lap 1,624 SF None; 7 above; 0 below 3 above; 0 below Full 728 2 Standard Bath; 1 Sink; Yes Yes 1 Masonry; 1S Frame Open (20 SF); Canopy/Roof OH NV (20 SF); 1 Story Frame (725F); 1 Story Frame (965F); Classification + Assessed Land Value + Assessed Improvement Value + Assessed Dwelling Value Gross Assessed Value - Exempt Value Net Assessed Value Taxation + Taxable Land Value + Taxable improvement Value + Taxable Dwelling Value Gross Taxable Value Military Exemption = Net Taxable Value x Levy Rate (per $1000 of value) Gross Taxes Due Ag Land Credit Family Farm Credit Homestead Credit Disabled and Senior Citizens Credit Business Property Credit Net Taxes Due Tax History Year 2022 2021 2021 2021 Due Date March 2024 September 2023 March 2023 September 2022 March 2023 September 2022 March 2023 September 2022 Date 10/06/2011 10/04/2011 12/31/2007 11/20/2007 Description Roof Demo/Rmvl Demo/Rmvl Roof 2023 2022 2021 Residential Residential Residential $15,000 $15,000 $15,000 $0 $0 $0 $61,090 $42,930 $42,930 $76,090 $57,930 $57,930 $0 $0 $0 $76,090 $57,930 $57,930 2022 2021 Pay 2023-2024 Pay 2022-2023 $8,198 $8,120 $0 $0 $23,461 $23,238 $31,659 $31,358 $0 $0 $31,659 $31,358 40.18730 39.49908 $1,272.29 $1,238,61 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,272.29 $1,238.61 Amount Paid $636 Yes $636 Yes $4 Yes $0 No $619 Yes $619 Yes $0 No $19 Yes 2020 Residential $10,000 $0 $42,930 $52,930 $0 $52,930 Amount 315 200 500 1,860 2019 Residential $10,000 $0 $42,930 $52,930 $0 $52,930 2020 2019 Pay 2021-2022 Pay 2020-2021 $5,641 $5,507 $0 $0 $24,217 $23,643 $29,858 $29,150 $0 $0 $29,858 $29,150 40.15223 40.46092 $1,198.87 $0.00 $0.00 $0.00 $0,00 $0.00 $1,198.87 Date Paid 5/16/2023 5/16/2023 11/29/2022 11/29/2022 $1,179.44 $0.00 $0.00 $0.00 $0.00 $0.00 $1,179.44 Receipt 504535 404908 404908 404908 Page 144 of 320 Year Due Date 2021 March 2023 September 2022 2020 March 2022 September 2021 2020 March 2022 September 2021 2020 March 2022 September 2021 2019 March 2021 September 2020 2019 March 2021 September 2020 2019 March 2021 September 2020 2018 March2020 September 2019 2017 March 20/9 September 2018 2017 March 2019 September 2018 2016 March 2018 September 2017 2016 March 2018 September 2017 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches Amount Paid Date Paid Receipt $19 Yes 5/16/2023 404908 $0 No $599 Yes 6/20/2022 356829 $599 Yes 6/20/2022 $0 No 356829 $4 Yes 6/20/2022 $27 Yes 6/20/2022 356829 $81 Yes 6/20/2022 $590 Yes 4/1/2021 204330 $590 Yes 10/20/2020 $0 No 204330 $9 Yes 10/20/2020 $9 Yes 4/1/2021 204330 $0 No $565 Yes 6/25/2020 028462 $565 Yes 10/2/2019 $0 No 028462 $8 Yes 10/25/2018 $560 Yes 4/2/2019 028462 $560 Yes 10/25/2018 $9 Yes 4/27/2018 028462 $0 No $577 Yes 4/27/2018 028462 $577 Yes 9/25/2017 $4 Yes 4/27/2018 028462 $0 No Page 145 of 320 9 8 1S FR [72] 26 29 B FR (MA1N) 28 [728] 1S FR OP [20] ASPHWO RF 120] Sketch by www.earnaviskn.com Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 02/26/2021 To: 02/26/2024 Sales by Neighborhood Sales by Subdivision 1500 11 Feet 4 5 4 i2 $ 15FR [96] Sales by Distance Page 146 of 320 Cit11 of Waterloo, Iowa N W-+-E S Paae 147 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the construction of residential units at 512 Almond Street, including a $5,000.00 infill incentive for each unit, $37,000.00 in acquisition fees, and demolition of the existing structure, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Habitat for Humanity is acquiring the property at 512 Almond Street. Within the agreement, the City of Waterloo would be offering to demolish the existing structures on the property and provide a $37,000 grant to Habitat for acquisition reimbursement costs, and upon completion of new residential units, Habitat would also receive $5,000 infill housing grant per residential unit constructed on the property. NEIGHBORHOOD IMPACT Redevelopment of the lot would have a positive impact on the Walnut Neighborhood. DATA, ANALYSIS, AND STRATEGIES Infill residential Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Sale of the City owned lot would be considered by Council through the public hearing process which requires public notice of the hearing. SOURCE OF EXPENDITURES Bonds ALTERNATIVE ACTION Not approve LEGAL DESCRIPTION Page 148 of 320 Lots 6 and 9, Block 68, Cooley Addition, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Habitat DA for 512 Almond 7-30-24 2. 512 Almond Map Page 149 of 320 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2024 by and between Iowa Heartland Habitat for Humanity ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is the owner or is in the process of acquiring real property at 512 Almond Street, Waterloo, Iowa (the "Property") and is willing and able to finance and undertake the construction of new homes on the Property and to make related improvements. B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Company. At its own cost Company shall construct to a finished state either two (2) single-family dwellings or a multi -family dwelling, including sidewalk, garage(s) and driveway, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Property consists of two platted lots, and Company shall construct one dwelling on each lot if single-family dwellings are constructed. The Improvements shall be constructed in accordance with the terms of this Agreement, all Page 150 of 320 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." 2. Timeliness of Construction; Possibility of Termination. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must Substantially Complete construction of the Improvements within three (3) years after the date of this Agreement. If Company constructs single-family dwellings, then the first dwelling shall be Substantially Completed within fourteen (14) months after the date of this Agreement (together, the "Completion Deadlines"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been completed to City's reasonable satisfaction. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of 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 9, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by a Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing Page 151 of 320 when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 9, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project. In connection with termination of the Agreement as set forth herein, City may demand reimbursement of any sums paid to or for the benefit of Company in connection with the Project, in addition to exercising any other available remedies. 3. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 4. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Acquisition Grant. City will pay Company a grant of $37,000.00 as partial reimbursement of the acquisition price of the Property, payable within sixty (60) days after Company provides proof of closing on acquisition. B. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 for each single-family dwelling or $5,000 for each unit in a multi -family building, within thirty (30) days after Company has Substantially Completed the Improvements and has obtained final inspection on all permits obtained for the Project. C. Demolition. After Company acquires ownership of the Property, Company shall provide reasonable cooperation to City and its contractor(s) to achieve City's demolition of current structures on 512 Almond Street and removal of debris. City shall level the site to grade. City shall not otherwise undertake any actions to prepare the Property for Company's purposes. D. Property Title. The parties acknowledge that 512 Almond Street is the subject of a lawsuit by City in the Iowa District Court for Black Hawk County, case no. EQCV150098 (the "Suit") against persons (collectively, "Adams") having record ownership thereof at the time Suit was filed, and that City subsequently obtained judgment awarding title to City, which judgment has been contested. City agrees to work with Adams to vacate or rescind the Suit judgment and dismiss the Suit, or to take such other steps as the parties may mutually agree in order to re -vest title in Adams. Any action by City does not constitute, nor shall be construed as, any representation or warranty by City as to Property title, but is intended only to extinguish any right, title, interest or claim of City in or to the Property arising from or in connection with the Suit. Page 152 of 320 5. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company agrees during construction of the Improvements to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like companies engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. 6. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 7. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. Page 153 of 320 B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 8. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; Page 154 of 320 D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property; or E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 9. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to or for the benefit of Company with respect to the Project before the date of termination. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. Page 155 of 320 C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 10. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property, due to any act of negligence or willful misconduct of any person, other than any act of gross negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 11. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. Page 156 of 320 12. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 13. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. (b) if to Company, at 803 W. 5th Street, Waterloo, Iowa 50702, Attention: Executive Director. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. Page 157 of 320 17. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] Page 158 of 320 CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: By: Quentin Hart, Mayor Ali Parrish, Executive Director Attest: Kelley Felchle, City Clerk Page 159 of 320 EXHIBIT "A" Property Description Lots 6 and 9, Block 68, Cooley Addition, City of Waterloo, Black Hawk County, Iowa. Page 160 of 320 tors, low : C)NR.. oTec•iniv ugir_s. • CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving a Temporary Construction Easement Agreement with Robert J. Greenwood and Cheryl L. Greenwood, located at 1875 Westchester Road, in conjunction with the Sunnyside Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request for a resolution approving a Temporary Construction Easement Agreement with Robert J. Greenwood and Cheryl L. Greenwood, located at of 1875 Westchester Road, in conjunction with the Sunnyside Creek Drainage Improvements Project. This drainage project will help alleviate drainage issues in the area, as a new holding pond would be created to the south between Van Miller Way and Highway 20. This construction easement is needed to clear and regrade Sunnyside Creek, allowing for better flow of water. The property owners are donating the temporary easement to the city. NEIGHBORHOOD IMPACT The project will have a positive impact on drainage in the area, which will reduce flooding that occurs in the area during heavy rainfall. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Staff has met with the property owner and they are in favor of the project. SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 162 of 320 LEGAL DESCRIPTION ATTACHMENTS 1. Temporary Easement Agreement 2. Exhibit A Page 163 of 320 Prepared by Tim Andera, City of Waterloo, Waterloo, IA 50703. Phone (319) 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of , 2024 by and between Robert J. Greenwood and Cheryl L. Greenwood. ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for purposes relating to construction of the Improvements (the `Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Temporary Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. The Temporary Easement shall expire upon conclusion of all construction, cleanup, and demobilization activities upon the Premises or within 18 months of commencement of construction, whichever occurs first. 2. Purpose. The Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to excavate and regrade Sunnyside Creek (the "Improvements"). It is the intention of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises, and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Temporary Easement Premises to Grantee, "as is, where is", without any representation or warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary Easement Premises in any way for Grantee's use, Following transfer of possession of the Temporary Easement Premises, Grantor shall have no further duty or obligation with respect to same, except as set forth herein. Grantor may mow or care for grasses and vegetation growing in the Temporary Easement Premises during the period of this Agreement, but may not conduct other activities upon the Temporary Easement Premises without the prior written consent of Grantee. Grantor agrees that any activities that Grantor, its officers, employees, contractors or agents undertake on the Temporary Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby agrees to indemnify Grantee, its officials, officers, employees, contractors and agents, with respect to any and all claims for injuries, death, property damage, property loss or otherwise, arising from the acts or omissions of Grantor, its officers, employees, contractors or agents, on or about the Temporary Easement Premises during the term of this Agreement. Page 164 of 320 IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. Robert J. Gretwood Owner CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor C' i\e_i Attest: Cheryl L. 'Greenwood Kelley Felchle, City Clerk Owner STATE OF IOWA ) ss BLACK HAWK COUNTY ) Acknowledged before me on C j t,t, (L j 2gp024, by Robert J. Greenwood and Cheryl L. GxeenWatid:- STA' 6yIO A' ) )ss. BLACK HAWK COUNTY ) Acknowledged before me an , 2024, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Page 165 of 320 I1 m M 51, Q rt a b F - g Z m * t jn` T yoQ '.fly S } m 5 �QO 1X 0r-- �Y] ij 5 n (9 E m S > nl m d - T 31` S m< _ C 2 O a z s m o o . n ^sr L. v 4s i. yF`�, 9]_32' 9'7 i' 114.i4' l t�,P c am ' (i C LOT 511 Oo `yA p WY RECORD N�R�G,f 090 SR n m ° no'm' aym ih. p in O ♦ LOT 110 o D 4 ♦♦�� 0Y3 -05 _ X m _ 3 mQ .Sfi L°i '. n y 5 I P S o z z Co .n L Try F, O n ♦ iPo z ♦0 a� � lOb LOT1O -44 A $ o ' 1256Y m � � m � '4 -. m X 2n ca N 1, 1 1YY ol.] R—r mO�^�� 4 m z k y 1, —, q In ^ 0 n n "a -1 -i 0 0 N in w b.,m -1 -4 0 0 a b., BEARINGS & DISTANCES 1 TO 2N 13'56 '27" W T 8.84' 5 13'S6'27 E 5 07 ' 29 ' 54 " W N 13 ' 56 ' 27 " W 5 26 ' 42 ' 40 " E Z W co m m fn m o W N T+ 05 5P 1., V N L p 0 V 0. a Co 0 n o71 A 7 -O+, N I.°° 7 Ar W On N 0. ro O° a. CO n K {° S N 3 A d' v n -0 bti > _44 r-- 717 O art. N S Q. N N C O r0 -5 - m rt v 7 d r. o rn6 O p n .�+ — O ti 7 .. 7 ram° o rho �. d - rrn A° 2 r-- _, y O(0 Z CO n OT r m 9 • rt 0°• ‹ " 9 ° > n a rt �. N w ro c o 1,1 Z> 0 "2 0 cr, a rn c o EL C. m r, m m0> 4-0,NIS r° * m •0 r- D_ 1n O 7 7 d. N OO O4/9 co p ,z j(]T�i� 3 al = m@ — w G C A 3 n n �0 nc�_" p ID O co N 0 O :" 0 .D (� c m C Ih rrp 01 7 O_ _, 0 0 O 0 Z- I 'a z m i--+ N �n C. .00 0' CO 0 O. cn A' F-+ N n 5C§ h (< O rn o (�D kr, hi z �-0 x r"a m „73 rm Yam 0 n DA .- r� r°WO f Cn 0 C7 it i '�a n o °`D CO (° 01 n a n.1 Tsmn -v 00 rt -7 ' m�- 3 c T J WO O Cr pN O .-, V W O rp ID 166 of 320 PROJECT: OWNER: Sunnyside Creek Drainage Improvements Project Robert J. and Cheryl L. Greenwood OFFER TO DONATE FORM As owner(s) of real estate needed for the above -referenced project, and acknowledging the fact that we are entitled to just compensation for the subject property interests, nevertheless, we desire to donate the fee title acquisition land. We hereby waive such compensation rights and will promptly execute the necessary documents for the City of Waterloo, Iowa. This .donation to the City of Waterloo, Iowa, is made knowingly, voluntarily, and not under coercion or threat of any nature by the City of Waterloo or its agents. Before signing this form, we have had the opportunity to consult ivith our own legal and tax advisors. References in the singular number include the plural, and vice versa. Robert J. Greenwo Date CheryrL. Grb nwood Page 167 of 320 Exhibit "A" FOUND PINCH PIPE WATERLOO COUNTRY CLUB ADDITION TRACT "B" FOUND PINCH PIPE FOUND REBAR RPC EXISTING DRAINAGE & UTILITY EASEMENT FOUND PINCH PIPE AR LINE REGENCY v ACRES AECOM 1 e3 O0 0 J / \0 9 1 / ® P.O.B. TE O P EXISTING 8' DRAINAGE & UTILITY EASEMENTS P.O.C. FOUND PINCH PIPE FOUND PINCH PIPE FOUND PINCH PIPE / EXISTING 8' DRAINAGE & UTILITY EASEMENTS EXISTING 150' 25' DRAINAGE & UTILITY EASEMENT WATERLOO COUNTRY CLUB LOT 1 LOT 2 LOT 3 FOUND 1 IN PIPE YPC 7 UTILITY EASEMENT REGENCY ACRES EXISTING 8' DRAINAGE & UTILITY EASEMENT FOUND 1 IN PIPE YPC 3862 N. R-O-W LINE W. SAN MARNAN DRIVE W. SAN MARNAN DRIVE 0 50 100 150 200 Scale 1" = 200' LOT 4 150.12' O FOUND 1 IN PIPE FOUND 1 IN PIPE FOUND REBAR OPC NO. 16264 ADDITION PART OF TRACT"A" BEARINGS & DISTANCES 1 TO 2 N 13 °56 '27" W 8.84 2 TO 3 N 13 ° 56 ' 27 " W 130.39 3 TO 4 S 26 ° 42 ' 40 " E 65.78 4 TO 5 S 13 ° 56 ' 27 " E 29.20 5 TO 1 S 07 ° 29 ' 54 " W 39.78 AREA OF NEW TEMPORARY EASEMENT IS 1,160 SQUARE FEET TRACT"A" TEMPORARY EASEMENT FOR CHANNEL AND DRAINAGE IMPROVEMENTS PART OF LOT 109 OF WATERLOO COUNTRY CLUB ADDITION, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA Description: Temporary Easement A parcel of land situated in part of Lot 109 of Waterloo Country Club Addition, City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows. Commencing at the Southerly corner of said Lot 109; thence North 13°56'27" West (assumed bearing for the purpose of this description) along the Southwesterly line of said Lot 109, a distance of 8.84 feet to the Point of Beginning; thence continuing North 13°56'27" West, 130.39 feet; thence South 26°42'40" East, 65.78 feet; thence South 13°56'27" East, 29.20 feet; thence South 07°29'54" West, 39.78 feet to the Point of Beginning. Area of new temporary easement is 1,160 square feet. Revised 1/26/2024 SHEET 1 OF 1 Page 168 of 320 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving a Temporary Construction Easement Agreement in the amount of $369.04 with The Sunnyside Country Club, Inc., located at 1600 Olympic Drive, in conjunction with the Sunnyside Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving a Temporary Construction Easement Agreement in the amount of $369.04 with The Sunnyside Country Club, Inc., located at 1600 Olympic Drive. This temporary easement is in conjunction with the Sunnyside Creek Drainage Improvements Project, and the drainage project will help alleviate drainage issues in the area, as a new holding pond would be created to the south between Van Miller Way and Highway 20. This construction easement is needed to clear and regrade Sunnyside Creek, allowing for better flow of water. As part of the agreement, the property owner will get 10 to 15 dump truck loads of dirt that is removed from the channel and this will be a cost savings to the city by not having to truck that dirt from the site. The property owner will need to provide a specified location where they want the fill placed. NEIGHBORHOOD IMPACT The project will have a positive impact on drainage in the area, which will reduce flooding that occurs in the area during heavy rainfall. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Staff has met with the property owner and they are in favor of the project. SOURCE OF EXPENDITURES Page 169 of 320 $369.04 paid from storm water funds. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Temporary Easement Agreement Page 170 of 320 Prepared by Tim Andera, City of Waterloo, Waterloo, IA 50703. Phone (319) 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of , 2024 by and between The Sunnyside Country Club, Inc. ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for purposes relating to construction of the Improvements (the "Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Temporary Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. The Temporary Easement shall expire upon conclusion of all construction, cleanup, and demobilization activities upon the Premises or within 18 months of commencement of construction, whichever occurs first. 2. Purpose. The Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to excavate and regrade Sunnyside Creek (the "Improvements"). It is the intention of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises, and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Temporary Easement Premises to Grantee, "as is, where is", without any representation or warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary Easement Premises in any way for Grantee's use. Following transfer of possession of the Temporary Easement Premises, Grantor shall have no further duty or obligation with respect to same, except as set forth herein. Grantor may mow or care for grasses and vegetation growing in the Temporary Easement Premises during the period of this Agreement, but may not conduct other activities upon the Temporary Easement Premises without the prior written consent of Grantee. Grantor agrees that any activities that Grantor, its officers, employees, contractors or agents undertake on the Temporary Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby agrees to indemnify Grantee, its officials, officers, employees, contractors and agents, with respect to any and all claims for injuries, death, property damage, property loss or otherwise, arising from the acts or omissions of Grantor, its officers, employees, contractors or agents, on or about the Temporary Easement Premises during the term of this Agreement. Page 171 of 320 4. Excess Fill. Grantor shall receive approximately 10 to 15 dump truck loads of excess fill that is excavated from the Temporary Easement Premises. Grantor shall provide Grantee one location where the excess till will be stockpiled, and Grantor is responsible for dispersion of the such fill upon their premises. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized re.resentatives as of the date first set forth above. T Philip D. Shirk President try Club, Inc. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on 44Jf / , 2024, by Philip D. Shirk as it S of The Sunnyside Country Club, TIM ANDERA COMMISSION NO, 772518 MY COMMISSION EXPIRES APRIL11, 2027 STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Notary Public Acknowledged before me on , 2024, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Page 172 of 320 Exhibit "A" FOUND PINCH PIPE WATERLOO COUNTRY CLUB ADDITION TRACT "B" FOUND PINCH PIPE FOUND REBAR RPC EXISTING DRAINAGE & UTILITY EASEMENT FOUND PINCH PIPE WLY LINE TRACT"A" WATERLOO COUNTRY CLUB ADDITION FOUND 1 IN PIPE AECOM 150' UTILITY EASEMENT LOT 1 REGENCY ACRES LOT 2 EXISTING 25' DRAINAGE & UTILITY EASEMENT EXISTING LOT 3 - 8' DRAINAGE & I rn UTILITY EASEMENT FOUND 1 IN PIPE YPC 3862 N. R-O-W LINE W. SAN MARNAN DRIVE W. SAN MARNAN DRIVE 0 50 100 150 200 Scale 1" = 200' LOT 4 150.12' P.O.B. / 1 FOUND 1 IN PIPE / YPC 13 FOUND 1 IN PIPE 14 FOUND 1 IN PIPE ( I / 10 / FOUND PINCH PIPE /FOUND PINCH PIPE EXISTING 8' DRAINAGE & UTILITY EASEMENTS 0 0 w FOUND REBAR OPC NO. 16264 FOUND PINCH PIPE WATERLOO COUNTRY CLUB ADDITION PART OF TRACT"A" AREA OF TEMPORARY EASEMENT 36,904 SQUARE FEET OR 0.85 ACRE 0 O TRACT"A" TEMPORARY EASEMENT FOR CHANNEL AND DRAINAGE IMPROVEMENTS PART OF TRACT "A" OF WATERLOO COUNTRY CLUB ADDITION CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA Description: Temporary Easement A parcel of land situated in part of Tract "A" of Waterloo Country Club Addition, City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows. Beginning at the Southwesterly corner of said Tract "A"; thence North 00°43'48" West (assumed bearing for the purpose of this description) along the Westerly line of said Tract "A", 97.10 feet (97.12 feet record) to the Northeasterly corner of Lot 4 of Regency Acres; thence North 00°38'54" West along the Westerly line of said Tract "A", 97.12 feet (97.00 feet record) to the Northeasterly corner of Lot 3 of Regency Acres; thence North 00°56'43" West along the Westerly line of said Tract "A", 97.06 feet (97.00 feet record) to the Northeasterly corner of Lot 2 of Regency Acres; thence North 00°47'56" West along the Westerly line of said Tract "A", 21.75 feet; thence North 10°46'34" East, 171.56 feet; thence North 23°19'16" East, 66.33 feet to the Southeasterly line of an existing 8-foot drainage and utility easement; thence North 50°47'49" East along the existing 8-foot drainage and utility easement, 237.33 feet; thence South 02°16'37" West, 66.20 feet; thence South 51°02'23" West, 172.44 feet; thence South 20°12'31" West, 74.98 feet; thence South 00°30'28" West, 84.56 feet; thence South 24°25'24" West, 135.16 feet; thence South 02°11'22" West, 63.28 feet; thence South 23°09'47" East, 187.14 feet to the Southerly line of said Tract "A"; thence South 87°04'44" West along the Southerly line of said Tract "A", 90.06 feet to the Point of Beginning. Containing 36,904 Square Feet or 0.85 Acre. BEARINGS & DISTANCES 1 TO 2 N 00 ° 43 48 " W 97.10 2 TO 3 N 00 ° 38 54 W 97.12 3 TO 4 N 00 ° 56 43 " W 97.06 4 TO 5 N 00 ° 47 56 W 21.75 5 TO 6 N 10 ° 46 34 " E 171.56 6 TO 7 N 23 ° 19 16 " E 66.33 7 TO 8 N 50 ° 47 49 " E 237.33 8 TO 9 S 02 ° 16 37 " W 66.20 97.12' R 97.00' R 97.00' R 9 TO 10 S 51 ° 02 23 " W 172.44 10 TO 11 S 20 ° 12 31 " W 74.98 11 TO 12 S 00 ° 30 28 " W 84.56 12 TO 13 S 24 ° 25 24 " W 135.16 13 TO 14 S 02 ° 11 22 " W 63.28 14 TO 15 S 23 ° 09 47 " E 187.14 15 TO 1 S 87 ° 04 44 " W 90.06 Revised 1\26\2024 SHEET 1 OF 1 Page 1 i3 of 320 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving a Temporary Construction Easement Agreement in the amount of $618.00 with Hole 7 Development, LLC., located east of 1920-1930 Kamille Court, in conjunction with the Sunnyside Creek Drainage Improvements Project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving a Temporary Construction Easement Agreement in the amount of $618.00 with Hole 7 Development, LLC., located east of 1920-1930 Kamille Court. This temporary easement is in conjunction with the Sunnyside Creek Drainage Improvements Project, and the drainage project will help alleviate drainage issues in the area, as a new holding pond would be created to the south between Van Miller Way and Highway 20. This construction easement is needed to clear and regrade Sunnyside Creek, allowing for better flow of water. NEIGHBORHOOD IMPACT The project will have a positive impact on drainage in the area, which will reduce flooding that occurs in the area during heavy rainfall. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Staff has met with the property owner and they are in favor of the project. SOURCE OF EXPENDITURES $618.00 paid from storm water funds. ALTERNATIVE ACTION Page 174 of 320 LEGAL DESCRIPTION ATTACHMENTS 1. Temporary Construction Easement Agreement Page 175 of 320 Prepared by Tim Andera, City of Waterloo, Waterloo, IA 50703. Phone (319) 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of , 2024 by and between Hole 7 Development, LLC. ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for purposes relating to construction of the Improvements (the "Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Temporary Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. The Temporary Easement shall expire upon conclusion of all construction, cleanup, and demobilization activities upon the Premises or within 18 months of commencement of construction, whichever occurs first. 2. Purpose. The Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to excavate and regrade Sunnyside Creek (the "Improvements"). It is the intention of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises, and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Temporary Easement Premises to Grantee, "as is, where is", without any representation or warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary Easement Premises in any way for Grantee's use. Following transfer of possession of the Temporary Easement Premises, Grantor shall have no further duty or obligation with respect to same, except as set forth herein. Grantor may mow or care for grasses and vegetation growing in the Temporary Easement Premises during the period of this Agreement, but may not conduct other activities upon the Temporary Easement Premises without the prior written consent of Grantee. Grantor agrees that any activities that Grantor, its officers, employees, contractors or agents undertake on the Temporary Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby agrees to indemnify Grantee, its officials, officers, employees, contractors and agents, with respect to any and all claims for injuries, death, property damage, property loss or otherwise, arising from the acts or omissions of Grantor, its officers, employees, contractors or agents, on or about the Temporary Easement Premises during the term of this Agreement. Page 176 of 320 IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. Hole 7 Develop Philip D. Shirk Manager CITY OF WATERLOO, IOWA Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on /167.61- ' , 20244, hilip D. Shirk as Manager of Hole 7 Development, LLC TIM ANDERA COMMISSION NO.772518. MY COMMISSION EXPIRES APRIL 11, 2027 STATE OF IOWA ) ss. BLACK HAWK COUNTY ) otary Public Acknowledged before me on , 2024, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Page 177 of 320 Exhibit "A" FOUND PINCH PIPE WATERLOO COUNTRY CLUB ADDITION TRACT "B" FOUND PINCH PIPE FOUND REBAR RPC FOUND PINCH PIPE ACR LINE REGENCY v ACRES EXISTING 150' 25' DRAINAGE & UTILITY EASEMENT AECOM UTILITY EASEMENT REGENCY ACRES EXISTING 8' DRAINAGE & UTILITY EASEMENT 0 1 i FOUND PINCH PIPE FOUND PINCH PIPE FOUND PINCH PIPE EXISTING 8' DRAINAGE & UTILITY EASEMENTS LOT 1 LOT 2 I Q.- FOUND 1 IN PIPE YPC ©1 © 0rl°' FOUND 1 IN PIPE YPC 3862 LOT3 I N. R-O-W LINE W. SAN MARNAN DRIVE W. SAN MARNAN DRIVE 0 50 100 150 200 Scale 1" = 200' LOT 4 150.12' FOUND 1 IN PIPE P.O.B. 0 P.O.C. FOUND 1 IN PIPE FOUND REBAR OPC NO. 16264 WATERLOO COUNTRY CLUB ADDITION PART OF TRACT"A" BEARINGS & DISTANCES 1 TO 2 N 00 ° 38 54 " W 30.65 2 TO 3 S 89 ° 21 06 " W 25.00 3 TO 4 N 30 ° 43 11 " W 31.18 4 TO 5 N 00 ° 06 40 " W 85.82 5 TO 6 N 27 ° 50 44 " E 30.27 6 TO 7 N 89 ° 03 17 " E 25.00 7 TO 8 S 00 ° 56 43 " E 73.07 8 TO 2 S 00 ° 38 54 " E 66.47 TOTAL AREA OF TEMPORARY EASEMENT IS 5,192 SQUARE FEET OF WHICH 3,731 SQUARE FEET IS EXISTING 8-FOOT AND 25-FOOT DRAINAGE AND UTILITY EASEMENTS. AREA OF NEW TEMPORARY EASEMENT IS 1,461 SQUARE FEET TRACT"A" TEMPORARY EASEMENT FOR CHANNEL AND DRAINAGE IMPROVEMENTS PART OF LOTS 2 AND 3 OF REGENCY ACRES, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA Description: Temporary Easement A parcel of land situated in part of Lots 2 and 3 of Regency Acres, City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows. Commencing at the Southeast corner of said Lot 3; thence North 00°38'54" West (assumed bearing for the purpose of this description) along the Easterly line of said Lot 3, a distance of 30.65 feet to the Point of Beginning; thence South 89°21'06" West, 25.00 feet; thence North 30°43'11" West, 31.18 feet; thence North 00°06'40" West, 85.82 feet; thence North 27°50'44" East, 30.27 feet; thence North 89°03'17" East, 25.00 feet to the Easterly line of said Lot 2; thence South 00°56'43" East along the Easterly line of said Lot 2, a distance of 73.07 feet to the Southeast corner of said Lot 2 also being the Northeast corner of said Lot 3; thence South 00°38'54" East along the Easterly line of said Lot 3, a distance of 66.47 feet to the Point of Beginning. Total area of the temporary easement is 5,192 square feet of which 3,731 square feet is existing 8-foot and 25-foot drainage and utility easements. Area of new temporary easement is 1,461 square feet. Revised 1 \26\2024 SHEET 1 OF 1 Page 178 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bill Beck, Fire Chief August 19, 2024 Fire Rescue Department AGENDA ITEM TITLE Resolution approving the 28E Agreements between Waterloo Fire Rescue and the Northeast Iowa Response Group, consisting of Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek Counties, to provide support personnel and equipment in event of a hazardous substance emergency, and authorizing the Mayor and City Clerk to execute said documents. 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 179 of 320 ATTACHMENTS 1. Allamakee 2. Bremer 3. Butler 4. Chickasaw 5. Grundy 6. Hardin 7. Howard 8. Poweshiek 9. Tama 10. Winneshiek Page 180 of 320 AGREEMENT for NORTHEAST IOWA RESPONSE GROUP This Agreement is entered into as of September 1, 2024, by and among the City of Waterloo, Iowa ("City") and each of the following Iowa counties: Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek (each a "County" and collectively "Counties"). This Agreement is made pursuant to Chapter 28E of the Code of Iowa for the purposes stated herein. RECITALS WHEREAS, Waterloo Fire Rescue, a department of City, has the support personnel and equipment to respond in the case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate hann within the Counties; and WHEREAS, from time to time the Counties may need the assistance of City in case ofa hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County or Counties; and WHEREAS, the parties desire to enter into an Agreement for City to provide assistance to the Counties by supplying support personnel and equipment on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchange herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide assistance to the Counties by supplying support personnel and equipment in case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties. 2. Duration. (a) This Agreement shall be effective as of September 1, 2024. As of said date, it shall terminate and supersede the terms of the Agreement for Northeast Iowa Response Group theretofore in effect. This Agreement shall be in full force and effect until and including August 30, 2034. (b) Any party to this Agreement may unilaterally terminate its involvement herein by delivery of written notice of termination by certified mail, return receipt requested, to Waterloo Fire Rescue, Attn: Fire Chief, 425 East Third Street, Waterloo, Iowa, 50703. Delivery shall be deemed to occur within three (3) business days of mailing. If notice is delivered on or before March 31 of a given year, it shall be effective to terminate such party's involvement herein as of Page 181 of 320 the June 30 immediately following, and if notice is delivered after March 31 then it shall be effective as of June 30 in the next year. The notice of termination shall not be effective if (i) the notice does not comply with this subparagraph or (ii) the terminating party fails to render payment in full for all of its obligations that are due under this Agreement before June 30. 3. Organization and Administration. (a) The Northeast Iowa Response Group (hereinafter "NIRG") is hereby organized to discharge public and essential governmental functions to provide for the public health, safety, and welfare as set forth more fully in this Agreement. NIRG is not a separate legal or administrative entity, but the patties shall work cooperatively on the basis set forth herein. (b) NIRG shall be governed by a joint Board consisting of one designated member representative and an alternate representative from each County and City. The designated member representatives (including alternates) shall serve for one (1) year or until a successor is designated. If a County fails to make a permanent designation, then the member representative from that County shall be the Chairperson of the County Board of Supervisors. Alternate representatives shall have voting rights when designated member representatives are unable to attend NIRG meetings. The Fire Chief of Waterloo Fire Rescue or his/her'designee shall be the designated member representative of City. (c) The joint Board shall form an Executive Board consisting of a chairperson, a vice - chairperson, and a treasurer, each elected by a majority of the designated member representatives of each County in attendance at a meeting called for the purpose of electing the Executive Board. All parties shall be given written notice of said meeting at least ten (10) days in advance, with the time and place designated. The Executive Board shall have full power and authority to act on behalf of the jointBoard. 4. Operations. The response procedures for NIRG shall be governed by the definitions attached hereto as Exhibit "A" and the standard operating procedures attached hereto as Exhibit "B". The response team shall be composed exclusively of personnel so designated by the Chief of Waterloo Fire Rescue. 5. Financing. (a) NIRG members shall bear a share of the costs and expenses on an annual per capita basis as follows: The total expense allocation for NIRG shall be divided by the number of persons in the entire membership area to yield the per capita expense. Payment by each County shall be determined by the number of residents within said County multiplied by the per capita expense. (b) City shall provide trained personnel, maintenance and housing of equipment, and dispatching and information services for NIRG. City shall not be responsible for any other contribution or payment. 2 Page 182 of 320 (c) The Counties shall provide (through the per capita assessment described above) the equipment necessary for the efficient and safe operation of NIRG and their respective shares of the costs of maintenance of said equipment, joint training facility cost, training expenses, including but not limited to travel, overtime occasioned by hazardous materials response or training, tuition to hazardous material training seminars, medical surveillance costs, and food and lodging. The member Counties shall further provide for the costs of their respective share of liability insurance premiums, the required medical expenses and physicals undertaken, and any additional personnel benefits or expenses as a result of this Agreement. Any additional unforeseen personnel costs incurred as a result of a response or training pursuant to this Agreement shall be borne by the Counties. (d) City shall invoice the County that requested a response for all costs of the response. Payment is due upon receipt of the invoice and shall be paid within sixty (60) days of invoicing, or bear interest at the rate of 12% per annum until paid. Any and all costs incurred in responding to a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County requesting said response shall be borne by the party respons:ble for said emergency. The County in which said response is made shall seek recovery of said costs from the legally responsible party. The County's duty to pay City under this subparagraph is not contingent on the County's collection of costs from the responsible party. Upon City's receipt of the County's payment in full, City will promptly assign to the County all of City's interest in any claim or cause of action that lies against any person or entity responsible for the emergency who may bear legal liability for response costs paid by the County. (e) The County requesting NIRG response services shall be responsible for all costs incurred by NIRG and City while responding to the request. Nothing in this Agreement shall preclude the requesting County or Counties from recovering costs of services from any person or entity who may be legally liable therefor. To assist the Counties in the recovery of costs, City agrees to comply with all state and federal reporting requirements, including but not limited to the reporting requirement of the Iowa Department of Natural Resources, the Environmental Protection Agency, including the National Response Team, and any others designated by law. (f) Only liable individually named Counties shall indemnify and hold harmless City, its officers, officials, employees, agents, and consultants, from and against any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, whether incurred prior to or dLring litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement or a response hereunder, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of the liable individually named Counties, anyone directly or indirectly employee! by them, or anyone for whose acts the individually named Counties may be liable, except to the extent caused by a party indemnified hereunder. Furthermore, the foregoing assumption of liability and indemnification shall apply to any liability of any type or character which may arise out of this Agreement and any response hereunder. (g) Each party to this Agreement shall have in full force and effect, within thirty (30) days of its execution of this Agreement, an ordinance placing the responsibility of the cost of 3 Page 183 of 320 cleanup of any hazardous substance incident or emergency on the party who is found to be legally responsible for said incident or emergency. (h) City, its officials and employees, shall not acquire any rights or benefits from any County hereunder by way of worker's compensation, nor any benefits under any County's personnel programs covering medical and hospital care, sick pay, vacation pay, or severance pay. City will be responsible for providing worker's compensation insurance or comparable coverage for the members of the response team regardless of where the response team is working. 6. Disposition of Property. Except as otherwise provided in this paragraph, upon the partial or complete termination of this Agreement ownership of all vehicles and/or equipment purchased for NIRG shall remain with City, to be utilized by the current Hazardous Material Response Team or for other fire suppression activities which shall be at the discretion of the Chief of Waterloo Fire Rescue. Any County that chooses to terminate its participation in this Agreement will forfeit all rights to equipment. If City chooses to terminate this Agreement, all equipment will be divided among the member Counties then participating in NIRG. 7. Miscellaneous. (a) Modification. No modification of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing and signed by all parties hereto. (b) Severability. 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 or removing such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be stricken, and shall be construed and enforced, as so limited. (c) Counterparts: This Agreement may be signed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. (d) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Recipients and their respective successors and legal representatives. Time is of the essence in the performance of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement for Northeast Iowa Response Group by their duly authorized representatives as of the date set forth below the signature of each party. 4 Page 184 of 320 CITY OF WATERLOO COUNTY OF: ALLAM By: Quentin Hart, Mayor By: Chairperson, Board of Supervisors Attest: Attest: de/6.4: Felbhle, City Clerk County Auditor Dated: Dated: 5 )1),24 .. ...as.::G: ti• 4 . T • -JP* -. Page 185 of 320 EXHIBIT "A" Definitions For purposes of this Agreement, the following definitions shall apply: (a) "Hazardous condition" means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance which, because of the quantity, strength, and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate potential danger to the public health or safety of persons or property within the Counties at any of the following locations: (1) within the City of Waterloo; (2) within any other city in the Counties, including those which extend beyond the boundaries of the Counties; (3) within any other area within the boundaries of the Counties; or (4) onto land, into the water, or into the atmosphere within the state of Iowa, but outside of the Counties, which creates an immediate potential danger to the public health or safety of persons or prope 1 iy within the Counties. Hazardous condition includes any accident involving hazardous materials required to be reported under Section 321.266(4) of the Code of Iowa. (b) "Hazardous substance" means any substance or mixture of substances that presents a danger to the public health or safety or environment and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant, or that, in confinement, generates pressure through decomposition, heat, or other means. The following are examples of substances which, in sufficient quantity, may be hazardous: acids; alkalis; explosives; fertilizers; heavy metals such as chromium, arsenic, mercury, lead and cadmium; industrial chemicals; paint thinners; paints; pesticides; petroleum products; poisons; radioactive materials; sludge; and organic solvents. "Hazardous substance" includes any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act of 1976 as amended, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, or any hazardous substance listed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Page 186 of 320 (c) "Responsible person" means the person, whether the owner, agent, lessor or tenant, in charge or the hazardous substance being stored, processed or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spill would cause danger to the public or to any person or to the environment. 2 Page 187 of 320 EXHIBIT "B" Standard Operating Procedures for Response to Hazardous Material Incidents in NIRG Area Given that multiple entities are parties to the Agreement, the incidence of Haz-Mat alarms is likely to increase. With that increase in alarms, the possibility of simultaneous hazardous material spills becomes greater. In order to guide decision making by the Waterloo Fire Rescue officer in charge at a Haz-Mat incident should two or more such alarms occur at the same time, the following procedures are to be followed: If, while conducting response activities at a hazardous condition, an additional report of a hazardous condition requiring response by the Waterloo Fire Rescue Hazardous Materials Team is received, the Chief of Waterloo Fire Rescue or his/her designee shall make the determination based on predetermined criteria as to whether a disengagement of the Waterloo response personnel and/or equipment is necessary to mitigate the subsequent incident. When disengagement is deemed necessary, it shall be accomplished as rapidly as persomlel andpublic safety allow. For the purpose of making such determination, a hazardous condition shall be categorized in accordance with the following three levels: LEVEL ONE: An incident of such a nature or scope that it can be safely mitigated by initial response apparatus and personnel from the local responding fire department or district. Each fire department or district shall have proper equipment and have proper training to mitigate Level One incident. The responding officer in charge shall determine when assistance is needed from the Haz-Mat team. Level One incidents are those that are generally smaller in size, require no evacuation beyond initial scene isolation and require minimal, if any, assistance from additional departments or agencies. Level One emergencies would, additionally, be those resulting from the release of: 40 gallons or less of common hydrocarbon liquids (gasoline, diesel fuel, fuel oil), low pressure natural gas or LP gas from fuel lines smaller than two inches in diameter, or less than 5 gallons of other flammable or combustible liquids, pesticides or corrosives that are easily containable and not posing an immediate exposure risk to the public, response personnel, property or environment. - Establish response levels. - L 1 - First units must be first responder/operations. - Must yearly update training. LEVEL TWO: An incident of such a nature or scope that a limited evacuation of areas beyond the immediate incident location is indicated, or response resources in addition to initially responding personnel and apparatus are needed. Level Two incidents would require assistance from other departments or agencies not initially responding, such as public works, health, road maintenance, Iowa Department of Transportation, or Iowa Department of Natural Resources. Level Two incidents would additionally be those releases of hazardous 1 Page 188 of 320 substances not easily containable and posing an immediate exposure risk to the public, response personnel, property or environment in the immediate vicinity of the release. LEVEL THREE, An incident of such a nature or scope that evacuation of large areas is indicated and/or there exists an immediate, or potentially immediate, exposure risk to large segments of the public and response sector and property or the environment. Level Three incidents would likely result from release of large quantities of hazardous substances or moderately sized releases of exceptionally hazardous substances. - EMS and NFPA 473 (as agoal) incident Handling and Jurisdiction If, while conducting response activities at a hazardous condition, an incident with a higher level of classificaticn occurs, Waterloo Fire Rescue personnel shall be disengaged from the incident of lesser classification as soon as safely possible as determined by the Waterloo Fire Chief or his/her designee in order to respond to the incident of higher classification. When determining incident classification levels, those hazardous conditions occurring in densely populated areas or threatening extensive impact on water supplies, or which may have long-term effect, shall be given higher priority than those occurring in areas of lesser population. If, while conducting response activities at a hazardous condition, an incident of similar classification occurs, the Waterloo Fire Chief or his/her designee shall send an appropriate representative to the scene of the subsequent incident for the purpose of recommending mitigation and safety measures until such time as the Waterloo Fire Rescue personnel may respond. Personnel from the fire department or district having jurisdiction shall be dispatched at the receipt of a report of a hazardous condition for the purpose of establishing scene control and command. The chief or his/her designee of the tire department or district having jurisdiction shall function as incident commander. The Chief of Waterloo Fire Rescue or his/her designee shall have supervisory control over Waterloo Fire Rescue personnel and the use of equipment involved in a response. Waterloo Fire Rescue personnel dispatched, in addition to those of the fire depatlment or district having jurisdiction, shall function in an advisory and/or assisting role to the incident commander. 2 Page 189 of 320 NORTHEAST IOWA RESPONSE GROUP cn b cd bl) 0 al 'd O O U En 0 ECi U 4 o 04 _ 0 Ii) o 0 O d c0 o 0 & $, ro 0 .4 oK 0 bn 0 U a)) . L� t-+ �' -S ° -fa' �' ' Ti.)' V uA c.s ti,_, O n U U 6 0 U a) U 0 4� U U 0 •O- 3) '+j 5 % O 2 +� O gyp" e� d cc3 0 ( . 0 a) bccl •� cc) cU y a cd U Cd o • ~ +"' 0 U O E v3 4- b) O .+ +, O O • 5 M oo IDCA vi 4-,0.) +-, U ' 0.‘ d 0Gat U ) UQ 0. 0 nU 0 0 '5 o o E 4) 0C/] U .<0,�0__ cd U 9 ctl fl O �, 4 0 O a) 0cd 0' "0 b 0 d o U U 0 O .0 .o AGREEMENT 0 � U bn Oh d) .03 4 o o 01 •;12, 0 E 3 O O >, U O •U •- O 'b U � • ° O 0 O z 4-4 Z Ocfl U cd 0 0 c U N '0 o b �, cd �" U S• �, O _, E U 0) 3-i ¢ cd n +� cc) OO 4 o.4 7-.4 .. U �` `� �' a.)r.n a4-' N" O y a) U I. 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' U .., v� .0 ;—i ", ^�j °) CIIT cd t �, a� v, .. x = P, o o~ rn E Wcd t1 fs, d F W 43 L Page 195 of 320 0 a Page 196 of 320 EXHIBIT "B" r v 7� cd N r v _co cd Qd fa. rd O 0 C ,- 0 O 0 w v e bn cd o ° 4 O 0 0 .') rn J ° a)-..0� �h p O () O " O 'Q O b1:1-1 4v;•� O v 0 70 ,-, cd A 0. 00 O .0 a ... 0 v} .0 "Cy VI a) 0 �tl Cad U cVI d "$a 0 C "0 N 0 0 -0 V) a �; 0 MI 0 '- bf) N 0. & CU G • a) O w-, 0" m 0 8 n U + s~ a) '' at V - 0 0 ri) .0 v .N 0 U cd • con 0 0 U 0 0 Cd 0 • cd .0 O O .� .E ti 0 0 0 w b" 0 " 4--. . g � •" 0 b cd 0 'd ° v} py }; i-. Z ›••• v 0 E'- cd o IiI vs v c9d 5., • •, C71 Li) 0 Cd 1.' . O 6-3 '0 P. 4 0 0; ) ' d O bn bn oo 0. U O vQ '� Tom 0 7:i cd sue-, v(f"' v a) 0 O U cdOs- omby s O s� cd OO O Uos� 4-' NV) Spi • 0s-t O 0 v? o av v � id o i ., _,uz + -;v -0 O N �cOOO aJO vc0 x-, Q. . 0O cdaa) g 4U•�o c" 0 a bn ;� 0 O bn O O� -0 v tw" , -0? - Cd . cNd 7? On `�." cd ,� O -d v 0 O v T cad U � 0 O .� 74 .- t�, -0 v cd Q O Q.)° cn O 0 s a Q s v 0 O U "Ci W `-1 c LEVEL TWO: An inciden 0 0 cd N 0 a) a) v 0 0) ci 0 • • cd 0 0 • U 0 O E"^ a) N vi a) 0 ° a) z Page 197 of 320 U uP Sal U O co .0 asU U .4 cd o bn 0 o � 0 `c) 0 U o 0 c v U U rA response personnel, prope 0 4) EMS and NFPA 473 (as a goal) Incident Handling and Jurisdiction U -E a a b0 E . o UV co 0 i0 0 ,-) 0 0 *, • 4, "G O `3 0 •r0 0 O Q3 en NN cd .4 4) 0 rn et U en 4) 0 p4 , Q) P4 >1 Q ( (71 4) • i-1 > 4" e'd 0 U 3 U o ¢ 0 0 0 0 a 0 0,• d V. Q" dJ' 4] N > ctt a — .- � � 0 n3 o O O 0 o 0 . o` '+-�' U o U o cl a°'i ' •,, 73 0 • ,-, on (/) U 1-i U rA 0 U 0 "on (d 0 a3 cd 0 U � � 0 70 43 `F 0 , .0 • "-, bn O `n U ell an incident of 0 . 0 0 U at a hazardous 4) 0 1-., o -0 o 1., . 0 *, 4) U 0 ,.0 o 4) .0 0 •Y 0 co a 0 cc) tt'o 0 0 0 � U 0 bn �; U O U O vdi O 0 •- Y MI �.�{ 0 0 0 •0O 'd 3?� g • bA 0 C1, 040 ai a o the Waterloo Fire Rescue cd 0 0 0 , -0 } cd •40 0 U 4-'bn E O -0 v , 0 4..)0 CT G) V �, U • 0 4-, 0 0 O U "d (ID cc3 ) el) tan 0 ) U 4J 75 (VS CA v) 1, O coU • a)O G 4-4 U O 0 0 0 0 o 0 � . - 0 �-d U u +, s.. 0 o :2 0 0 'd• a) U O ) _.a,0 A E i cd 0 ,-0 tH C� ' vUi en ct U U V 0 Q 0 o U c • L, co 0 0 ¢, ,U (d 4.3 { 0 (' o cd 0) e 75. 0 -00> 'L3 1 U 0 ,ccEdd—— >-8 v uo 0.0 N 0� 0 c 0 (ID . 0 4-, Q3 :0 U a3 0 0 0) 0 U d) • 0 O w act re, ti > 0 0 0 w 0 0 U] cd 0 cd 0 cis • cd • 0 0 cra 0 U -0 • N Page 198 of 320 AGREEMENT for NORTHEAST IOWA RESPONSE GROUP This Agreement is entered into as of September 1, 2024, by and among the City of Waterloo, Iowa ("City") and each of the following Iowa counties: Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek (each a "County" and collectively "Counties"). This Agreement is made pursuant to Chapter 28E of the Code of Iowa for the purposes stated herein. RECITALS WHEREAS, Waterloo Fire Rescue, a department of City, has the support personnel and equipment to respond in the case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties; and WHEREAS, from time to time the Counties may need the assistance of City in case ofa hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County or Counties; and WHEREAS, the parties desire to enter into an Agreement for City to provide assistance to the Counties by supplying support personnel and equipment on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchange herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Purpose. The purpose of this Agreement is to provide assistance to the Counties by supplying support personnel and equipment in case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties. 2. Duration. (a) This Agreement shall be effective as of September 1, 2024. As of said date, it shall terminate and supersede the terms of the Agreement for Northeast Iowa Response Group theretofore in effect. This Agreement shall be in full force and effect until and including August 30, 2034. (h) Any party to this Agreement may unilaterally terminate its involvement herein by delivery of written notice of termination by certified mail, return receipt requested, to Waterloo Fire Rescue, Attn: Fire Chief, 425 East Third Street, Waterloo, Iowa, 50703. Delivery shall be deemed to occur within three (3) business days of mailing. If notice is delivered on or before March 31 of a given year, it shall be effective to terminate such party's involvement herein as of Page 199 of 320 the June 30 immediately following, and if notice is delivered after March 31 then it shall be effective as of June 30 in the next year. The notice of termination shall not be effective if (i) the notice does not comply with this subparagraph or (ii) the terminating party fails to render payment in full for all of its obligations that are due under this Agreement before June 30. 3. Organization and Administration. (a) The Northeast Iowa Response Group (hereinafter "NIRG") is hereby organized to discharge public and essential governmental functions to provide for the public health, safety, and welfare as set forth more fully in this Agreement. NIRG is not a separate legal or administrative entity, but the patties shall work cooperatively on the basis set forth herein. (b) NIRG shall be governed by a joint Board consisting of one designated member representative and an alternate representative from each County and City. The designated member representatives (including alternates) shall serve for one (1) year or until a successor is designated. If a County fails to make a permanent designation, then the member representative from that County shall be the Chairperson of the County Board of Supervisors. Alternate representatives shall have voting rights when designated member representatives are unable to attend NIRG meetings. The Fire Chief of Waterloo Fire Rescue or his/her designee shall be the designated member representative of City. (c) The joint Board shall form an Executive Board consisting ofa chairperson, a vice - chairperson, and a treasurer, each elected by a majority of the designated member representatives of each County in attendance at a meeting called for the purpose of electing the Executive Board. All parties shall be given written notice of said meeting at least ten (10) days in advance, with the time and place designated. The Executive Board shall have full power and authority to act on behalf of the joint Board. 4. Operations. The response procedures for NIRG shall be governed by the definitions attached hereto as Exhibit "A" and the standard operating procedures attached hereto as Exhibit "B". The response team shall be composed exclusively of personnel so designated by the Chief of Waterloo Fire Rescue. 5. Financing. (a) NIRG members shall bear a share of the costs and expenses on an annual per capita basis as follows: The total expense allocation for NIRG shall be divided by the number of persons in the entire membership area to yield the per capita expense. Payment by each County shall be determined by the number of residents within said County multiplied by the per capita expense. (b) City shall provide trained personnel, maintenance and housing of equipment, and dispatching and information services for NIRG. City shall not be responsible for any other contribution or payment. 2 Page 200 of 320 (c) The Counties shall provide (through the per capita assessment described above) the equipment necessary for the efficient and safe operation of NIRG and their respective shares of the costs of maintenance of said equipment, joint training facility cost, training expenses, including but not limited to travel, overtime occasioned by hazardous materials response or training, tuition to hazardous material training seminars, medical surveillance costs, and food and lodging. The member Counties shall further provide for the costs of their respective share of liability insurance premiums, the required medical expenses and physicals undertaken, and any additional personnel benefits or expenses as a result of this Agreement. Any additional unforeseen personnel costs incurred as a result of a response or training pursuant to this Agreement shall be borne by the Counties. (d) City shall invoice the County that requested a response for all costs of the response. Payment is due upon receipt of the invoice and shall be paid within sixty (60) days of invoicing, or bear interest at the rate of 12% per annum until paid. Any and all costs incurred in responding to a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County requesting said response shall be borne by the party responsible for said emergency. The County in which said response is made shall seek recovery of said costs from the legally responsible party. The County's duty to pay City under this subparagraph is not contingent on the County's collection of costs from the responsible party. Upon City's receipt of the County's payment in full, City will promptly assign to the County all of City's interest in any claim or cause of action that lies against any person or entity responsible for the emergency who may bear legal liability for response costs paid by the County. (e) The County requesting NIRG response services shall be responsible for all costs incurred by NIRG and City while responding to the request. Nothing in this Agreement shall preclude the requesting County or Counties from recovering costs of services from any person or entity who may be legally liable therefor. To assist the Counties in the recovery of costs, City agrees to comply with all state and federal reporting requirements, including but not limited to the reporting requirement of the Iowa Department of Natural Resources, the Environmental Protection Agency, including the National Response Team, and any others designated by law. (f) Only liable individually named Counties shall indemnify and hold harmless City, its officers, officials, employees, agents, and consultants, from and against any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement or a response hereunder, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of the liable individually named Counties, anyone directly or indirectly employee! by them, or anyone for whose acts the individually named Counties may be liable, except to the extent caused by a party indemnified hereunder. Furthermore, the foregoing assumption of liability and indemnification shall apply to any liability of any type or character which may arise out of this Agreement and any response hereunder. (g) Each party to this Agreement shall have in full force and effect, within thirty (30) days of its execution of this Agreement, an ordinance placing the responsibility of the cost of 3 Page 201 of 320 cleanup of any hazardous substance incident or emergency on the party who is found to be legally responsible for said incident or emergency. (h) City, its officials and employees, shall not acquire any rights or benefits from any County hereunder by way of worker's compensation, nor any benefits under any County's personnel programs covering medical and hospital care, sick pay, vacation pay, or severance pay. City will be responsible for providing worker's compensation insurance or comparable coverage for the members of the response team regardless of where the response team is working. 6. Disposition of Property. Except as otherwise provided in this paragraph, upon the partial or complete termination of this Agreement ownership of all vehicles and/or equipment purchased for NIRG shall remain with City, to be utilized by the current Hazardous Material Response Team or for other fire suppression activities which shall be at the discretion of the Chief of Waterloo Fire Rescue. Any County that chooses to terminate its participation in this Agreement will forfeit all rights to equipment. If City chooses to terminate this Agreement, all equipment will be divided among the member Counties then participating in NIRG. 7. Miscellaneous. (a) Modification. No modification of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing and signed by all parties hereto. (b) Severability. 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 or removing such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be stricken, and shall be construed and enforced, as so limited. (c) Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. (d) Binding Effect. Tliis Agreement shall be binding upon and shall inure to the benefit of the Recipients and their respective successors and legal representatives. Time is of the essence in the performance of this Agreement. 4 Page 202 of 320 IN WITNESS WHEREOF, the parties haveexecuted this Agreement for Northeast Iowa Response Group by their duly authorized representatives as of the date set forth below the signature of each party. CITY OF WATERLOO COUNTY OF: BUTLER By: Quentin Hart, Mayor Chairpers6n, Board of Supervisors Attest: Dated: Kelly Felchle, City Clerk By: Att:s County Auditor Dated: Page 203 of 320 EXHIBIT "A" Definitions For purposes of this Agreement, the following definitions shall apply: (a) "Hazardous condition" means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance which, because of the quantity, strength, and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate potential danger to the public health or safety of persons or property within the Counties at any of the following locations: (I) within the City of Waterloo; (2) within any other city in the Counties, including those which extend beyond the boundaries of the Counties; (3) within any other area within the boundaries of the Counties; or (4) onto land, into the water, or into the atmosphere within the state of Iowa, but outside of the Counties, which creates an immediate potential danger to the public health or safety of persons or prope liy within the Counties. Hazardous condition includes any accident involving hazardous materials required to be reported under Section 321.266(4) of the Code of Iowa. (b) "Hazardous substance" means any substance or mixture of substances that presents a danger to the public health or safety or environment and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant, or that, in confinement, generates pressure through decomposition, heat, or other means. The following are examples of substances which, in sufficient quantity, may be hazardous: acids; alkalis; explosives; fertilizers; heavy metals such as chromium, arsenic, mercury, lead and cadmium; industrial chemicals; paint thinners; paints; pesticides; petroleum products; poisons; radioactive materials; sludge; and organic solvents. "Hazardous substance" includes any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act of 1976 as amended, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, or any hazardous substance listed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Page 204 of 320 (c) "Responsible person" means the person, whether the owner, agent, lessor or tenant, in charge or the hazardous substance being stored, processed or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spill would cause danger to the public or to any person or to the environment. 2 Page 205 of 320 EXHIBIT "B" Standard Operating Procedures for Response to Hazardous Material Incidents in NIRG Area Given that multiple entities are parties to the Agreement, the incidence of Haz-Mat alarms is likely to increase. With that increase in alarms, the possibility of simultaneous hazardous material spills becomes greater. In order to guide decision making by the Waterloo Fire Rescue officer in charge at a Haz-Mat incident should two or more such alarms occur at the same time, the following procedures are to be followed: If, while conducting response activities at a hazardous condition, an additional report of a hazardous condition requiring response by the Waterloo Fire Rescue Hazardous Materials Team is received, the Chief of Waterloo Fire Rescue or his/her designee shall make the determination based on predetermined criteria as to whether a disengagement of the Waterloo response personnel and/or equipment is necessary to mitigate the subsequent incident. When disengagement is deemed necessary, it shall be accomplished as rapidly as persomIel and public safety allow. For the purpose of making such determination, a hazardous condition shall be categorized in accordance with the following three levels: LEVEL ONE: An incident of such a nature or scope that it can be safely mitigated by initial response apparatus and personnel from the local responding fire department or district. Each fire department or district shall have proper equipment and have proper training to rnitigatea Level One incident. The responding officer in charge shall determine when assistance is needed from the Haz-Mat team. Level One incidents are those that are generally smaller in size, require no evacuation beyond initial scene isolation and require minimal, if any, assistance from additional departments or agencies. Level One emergencies would, additionally, be those resulting from the release of: 40 gallons or less of common hydrocarbon liquids (gasoline, diesel fuel, fuel oil), low pressure natural gas or LP gas from fuel lines smaller than two inches in diameter, or Iess than 5 gallons of other flammable or combustible liquids, pesticides or corrosives that are easily containable and not posing an immediate exposure risk to the public, response personnel, property or environment. - Establish response levels. - L1 - First units must be first responder/operations. - Must yearly update training. LEVEL TWO: An incident of such a nature or scope that a limited evacuation of areas beyond the immediate incident location is indicated, or response resources in addition to initially responding personnel and apparatus are needed. Level Two incidents would require assistance from other departments or agencies not initially responding, such as publicworks, health, road maintenance, Iowa Department of Transportation, or Iowa Department of Natural Resources. Level Two incidents would additionally be those releases of hazardous 1 Page 206 of 320 substances not easily containable and posing an immediate exposure risk to the public, response personnel, property or environment in the immediate vicinity of the release. LEVEL THREE: An incident of such a nature or scope that evacuation of large areas is indicated and/or there exists an immediate, or potentially immediate, exposure risk to large segments of the public and response sector and property or the environment. Level Three incidents would likely result from release of large quantities of hazardous substances or moderately sized releases of exceptionally hazardous substances. - EMS and NFPA 473 (as agoal) Incident Handling and Jurisdiction lf, while conducting response activities at a hazardous condition, an incident with a higher level of classification occurs, Waterloo Fire Rescue personnel shall be disengaged from the incident of lesser classification as soon as safely possible as determined by the Waterloo Fire Chief or his/her designee in order to respond to the incident of higher classification. When determining incident classification levels, those hazardous conditions occurring in densely populated areas or threatening extensive impact on water supplies, or which may have long-term effect, shall be given higher priority than those occurring in areas of lesser population. If, while conducting response activities at a hazardous condition, an incident of similar classification occurs, the Waterloo Fire Chief or hislher designee shall send an appropriate representative to the scene of the subsequent incident for the purpose of recommending mitigation and safety measures until such time as the Waterloo Fire Rescue personnel may respond. Personnel from the fire department or district having jurisdiction shall be dispatched at the receipt of a report of a hazardous condition for the purpose of establishing scene control and command. The chief or his/her designee of the fire department or district having jurisdiction shall function as incident commander. The Chief of Waterloo Fire Rescue or his/her designee shall have supervisory control over Waterloo Fire Rescue personnel and the use of equipment involved in a response. Waterloo Fire Rescue personnel dispatched, in addition to those of the fire depatimment or district having jurisdiction, shall function in an advisory and/or assisting role to the incident commander. 2 Page 207 of 320 AGREEMENT for NORTHEAST IOWA RESPONSE GROUP This Agreement is entered into as of September 1, 2024, by and among the City of Waterloo, Iowa ("City") and each of the following Iowa counties: Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek (each a "County" and collectively "Counties"). This Agreement is made pursuant to Chapter 28E of the Code of Iowa for the purposes stated herein. RECITALS WHEREAS, Waterloo Fire Rescue, a depai linent of City, has the support personnel and equipment to respond in the case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties; and WHEREAS, from time to time the Counties may need the assistance of City in case ofa hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County or Counties; and WHEREAS, the parties desire to enter into an Agreement for City to provide assistance to the Counties by supplying support personnel and equipment on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchange herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide assistance to the Counties by supplying support personnel and equipment in case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties. 2. Duration. (a) This Agreement shall be effective as of September 1, 2024. As of said date, it shall terminate and supersede the terms of the Agreement for Northeast Iowa Response Group theretofore in effect. This Agreement shall be in full force and effect until and including August 30, 2034. (b) Any party to this Agreement may unilaterally terminate its involvement herein by delivery of written notice of termination by certified mail, return receipt requested, to Waterloo Fire Rescue, Attn: Fire Chief, 425 East Third Street, Waterloo, Iowa, 50703. Delivery shall be deemed to occur within three (3) business days of mailing. If notice is delivered on or before March 31 of a given year, it shall be effective to terminate such party's involvement herein as of Page 208 of 320 the June 30 immediately following, and if notice is delivered after March 31 then it shall be effective as of June 30 in the next year. The notice of termination shall not be effective if (i) the notice does not comply with this subparagraph or (ii) the terminating party fails to render payment in full for all of its obligations that are due under this Agreement before June 30. 3. Organization and Administration. (a) The Northeast Iowa Response Group (hereinafter "NIRG") is hereby organized to discharge public and essential governmental functions to provide for the public health, safety, and welfare as set forth more fully in this Agreement. NIRG is not a separate legal or administrative entity, but the patties shall work cooperatively on the basis set forth herein. (b) NIRG shall be governed by a joint Board consisting of one designated member representative and an alternate representative from each County and City. The designated member representatives (including alternates) shall serve for one (1) year or until a successor is designated. If a County fails to make a permanent designation, then the member representative from that County shall be the Chairperson of the County Board of Supervisors. Alternate representatives shall have voting rights when designated member representatives are unable to attend NIRG meetings. The Fire Chief of Waterloo Fire Rescue or his/her designee shall be the designated member representative of City. (c) The joint Board shall form an Executive Board consisting ofa chairperson, a vice - chairperson, and a treasurer, each elected by a majority of the designated member representatives of each County in attendance at a meeting called for the purpose of electing the Executive Board. All parties shall be given written notice of said meeting at least ten (10) days in advance, with the time and place designated. The Executive Board shall have full power and authority to act on behalf of the joint Board. 4. Operations. The response procedures for NIRG shall be governed by the definitions attached hereto as Exhibit "A" and the standard operating procedures attached hereto as Exhibit "B". The response team shall be composed exclusively of personnel so designated by the Chief of Waterloo Fire Rescue. 5. Financing. (a) NIRG members shall bear a share of the costs and expenses on an annual per capita basis as follows: The total expense allocation for NIRG shall be divided by the number of persons in the entire membership area to yield the per capita expense. Payment by each County shall be determined by the number of residents within said County multiplied by the per capita expense. (b) City shall provide trained personnel, maintenance and housing of equipment, and dispatching and information services for NIRG. City shall not be responsible for any other contribution or payment. 2 Page 209 of 320 (c) The Counties shall provide (through the per capita assessment described above) the equipment necessary for the efficient and safe operation of NIRG and their respective shares of the costs of maintenance of said equipment, joint training facility cost, training expenses, including but not limited to travel, overtime occasioned by hazardous materials response or training, tuition to hazardous material training seminars, medical surveillance costs, and food and lodging. The member Counties shall further provide for the costs of their respective share of liability insurance premiums, the required medical expenses and physicals undertaken, and any additional personnel benefits or expenses as a result of this Agreement. Any additional unforeseen personnel costs incurred as a result of a response or training pursuant to this Agreement shall be borne by the Counties. (d) City shall invoice the County that requested a response for all costs of the response. Payment is due upon receipt of the invoice and shall be paid within sixty (60) days of invoicing, or bear interest at the rate of 12% per annum until paid. Any and all costs incurred in responding to a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County requesting said response shall be borne by the party responsible for said emergency. The County in which said response is made shall seek recovery of said costs from the legally responsible party. The County's duty to pay City under this subparagraph is not contingent on the County's collection of costs from the responsible party. Upon City's receipt of the County's payment in full, City will promptly assign to the County all of City's interest in any claim or cause of action that lies against any person or entity responsible for the emergency who may bear legal liability for response costs paid by the County. (e) The County requesting NIRG response services shall be responsible for all costs incurred by NIRG and City while responding to the request. Nothing in this Agreement shall preclude the requesting County or Counties from recovering costs of services from any person or entity who may be legally liable therefor. To assist the Counties in the recovery of costs, City agrees to comply with all state and federal reporting requirements, including but not limited to the reporting requirement of the Iowa Department of Natural Resources, the Environmental Protection Agency, including the National Response Team, and any others designated by law. (f) Only liable individually named Counties shall indemnify and hold harmless City, its officers, officials, employees, agents, and consultants, from and against any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement or a response hereunder, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of the liable individually named Counties, anyone directly or indirectly employee! by them, or anyone for whose acts the individually named Counties may be liable, except to the extent caused by a party indemnified hereunder. Furthermore, the foregoing assumption of liability and indemnification shall apply to any liability of any type or character which may arise out of this Agreement and any response hereunder. (g) Each party to this Agreement shall have in full force and effect, within thirty (30) days of its execution of this Agreement, an ordinance placing the responsibility of the cost of 3 Page 210 of 320 cleanup of any hazardous substance incident or emergency on the party who is found to be legally responsible for said incident or emergency. (h) City, its officials and employees, shall not acquire any rights or benefits from any County hereunder by way of worker's compensation, nor any benefits under any County's personnel programs covering medical and hospital care, sick pay, vacation pay, or severance pay. City will be responsible for providing worker's compensation insurance or comparable coverage for the members of the response team regardless of where the response team is working. 6. Disposition of Property. Except as otherwise provided in this paragraph, upon the partial or complete termination of this Agreement ownership of all vehicles and/or equipment purchased for NIRG shall remain with City, to be utilized by the current Hazardous Material Response Team or for other fire suppression activities which shall be at the discretion of the Chief of Waterloo Fire Rescue. Any County that chooses to terminate its participation in this Agreement will forfeit all rights to equipment. If City chooses to terminate this Agreement, all equipment will be divided among the member Counties then participating inNIRG. 7. Miscellaneous. (a) Modification. No modification of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing and signed by all parties hereto. (b) Severability. 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 or removing such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be stricken, and shall be construed and enforced, as so limited. (c) Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. (d) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Recipients and their respective successors and legal representatives. Time is of the essence in the performance of this Agreement. 4 Page 211 of 320 IN WITNESS WHEREOF, the parties haveexecuted this Agreement for Northeast Iowa Response Group by their duly authorized representatives as of the date set forth below the signature of each party. CITY OF WATERLOO COUNTY OF: CHICKASAW n By: By: Quentin Hart, Mayor Chairperson, Board of Supervisors Attest: Dated: Attest: Kelly Felchle, City Clerk County Auditor 5 Dated: O Ct Page 212 of 320 EXHIBIT "A" Definitions For purposes of this Agreement, the following definitions shall apply: (a) "Hazardous condition" means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance which, because of the quantity, strength, and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate potential danger to the public health or safety of persons or property within the Counties at any of the following locations: (1) within the City of Waterloo; (2) within any other city in the Counties, including those which extend beyond the boundaries of the Counties; (3) within any other area within the boundaries of the Counties; or (4) onto land, into the water, or into the atmosphere within the state of Iowa, but outside of the Counties, which creates an immediate potential danger to the public health or safety of persons or prope 1 iy within the Counties. Hazardous condition includes any accident involving hazardous materials required to be reported under Section 321.266(4) of the Code of Iowa. (b) "Hazardous substance" means any substance or mixture of substances that presents a danger to the public health or safety or environment and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant, or that, in confinement, generates pressure through decomposition, heat, or other means. The following are examples of substances which, in sufficient quantity, may be hazardous: acids; alkalis; explosives; fertilizers; heavy metals such as chromium, arsenic, mercury, lead and cadmium; industrial chemicals; paint thinners; paints; pesticides; petroleum products; poisons; radioactive materials; sludge; and organic solvents. "Hazardous substance" includes any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act of 1976 as amended, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, or any hazardous substance listed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Page 213 of 320 (c) "Responsible person" means the person, whether the owner, agent, lessor or tenant, in charge or the hazardous substance being stored, processed or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spill would cause danger to the public or to any person or to the environment. 2 Page 214 of 320 EXHIBIT "B" Standard Operating Procedures for Response to Hazardous Material Incidents in NIRG Area Given that multiple entities are parties to the Agreement, the incidence of Haz-Mat alarms is likely to increase. With that increase in alarms, the possibility of simultaneous hazardous material spills becomes greater. In order to guide decision making by the Waterloo Fire Rescue officer in charge at a Haz-Mat incident should two or more such alarms occur at the same time, the following procedures are to be followed: If, while conducting response activities at a hazardous condition, an additional report of a hazardous condition requiring response by the Waterloo Fire Rescue Hazardous Materials Team is received, the Chief of Waterloo Fire Rescue or his/her designee shall make the determination based on predetermined criteria as to whether a disengagement of the Waterloo response personnel and/or equipment is necessary to mitigate the subsequent incident. When disengagement is deemed necessary, it shall be accomplished as rapidly as persoml el andpublic safety allow. For the purpose of making such determination, a hazardous condition shall be categorized in accordance with the following three levels: LEVEL ONE: An incident of such a nature or scope that it can be safely mitigated by initial response apparatus and personnel from the local responding fire department or district. Each fire department or district shall have proper equipment and have proper training to mitigate a Level One incident. The responding officer in charge shall determine when assistance is needed from the Haz-Mat team. Level One incidents are those that are generally smaller in size, require no evacuation beyond initial scene isolation and require minimal, if any, assistance from additional depar luients or agencies. Level One emergencies would, additionally, be those resulting from the release of: 40 gallons or less of common hydrocarbon liquids (gasoline, diesel fuel, fuel oil), low pressure natural gas or LP gas from fuel lines smaller than two inches in diameter, or less than 5 gallons of other flammable or combustible liquids, pesticides or corrosives that are easily containable and not posing an immediate exposure risk to the public, response personnel, property or environment. - Establish response levels. - L1 - First units must be first responder/operations. - Must yearly update training. LEVEL TWO: An incident of such a nature or scope that a limited evacuation of areas beyond the immediate incident location is indicated, or response resources in addition to initially responding personnel and apparatus are needed. Level Two incidents would require assistance from other departments or agencies not initially responding, such as public works, health, road maintenance, Iowa Department of Transportation, or Iowa Department of Natural Resources. Level Two incidents would additionally be those releases of hazardous 1 Page 215 of 320 substances not easily containable and posing an immediate exposure risk to the public, response personnel, property or environment in the immediate vicinity of the release. LEVEL THREE: An incident of such a nature or scope that evacuation of large areas is indicated and/or there exists an immediate, or potentially immediate, exposure risk to large segments of the public and response sector and property or the environment. Level Three incidents would likely result from release of large quantities of hazardous substances or moderately sized releases of exceptionally hazardous substances. - EMS and NFPA 473 (as agoal) Incident Handling and Jurisdiction If, while conducting response activities at a hazardous condition, an incident with a higher level of classification occurs, Waterloo Fire Rescue personnel shall be disengaged from the incident of lesser classification as soon as safely possible as determined by the Waterloo Fire Chief or his/her designee in order to respond to the incident of higher classification. When determining incident classification levels, those hazardous conditions occurring in densely populated areas or threatening extensive impact on water supplies, or which may have long-term effect, shall be given higher priority than those occurring in areas of lesser population. If, while conducting response activities at a hazardous condition, an incident of similar classification occurs, the Waterloo Fire Chief or his/her designee shall send an appropriate representative to the scene of the subsequent incident for the purpose of recommending mitigation and safety measures until such time as the Waterloo Fire Rescue personnel may respond. Personnel from the fire department or district having jurisdiction shall be dispatched at the receipt of a report of a hazardous condition for the purpose of establishing scene control and command. The chief or his/her designee of the fire department or district having jurisdiction shall function as incident commander. The Chief of Waterloo Fire Rescue or his/her designee shall have supervisory control over Waterloo Fire Rescue personnel and the use of equipment involved in a response. Waterloo Fire Rescue personnel dispatched, in addition to those of the fire depatlment or district having jurisdiction, shall function in an advisory and/or assisting role to the incident commander. 2 Page 216 of 320 IN WITNESS WHEREOF, the parties haveexecuted this Agreement for Northeast Iowa Response Group by their duly authorized representatives as of the date set forth below the signature of each party. CITY OF WATERLOO COUNTY OF: GRUNDY By: Quentin Hart, Mayor Attest: Attest: Dated: Kelly Felchle, City Clerk 5 irperson, Board of Superviso County Auditor Dated: / '"()6? 00 Page 217 of 320 AGREEMENT for NORTHEAST IOWA RESPONSE GROUP This Agreement is entered into as of September 1, 2024, by and among the City of Waterloo, Iowa ("City") and each of the following Iowa counties: Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek (each a "County" and collectively "Counties"). This Agreement is made pursuant to Chapter 28E of the Code of Iowa for the purposes stated herein. RECITALS WHEREAS, Waterloo Fire Rescue, a department of City, has the support personnel and equipment to respond in the case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties; and WHEREAS, from time to time the Counties may need the assistance of City in case ofa hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County or Counties; and WHEREAS, the parties desire to enter into an Agreement for City to provide assistance to the Counties by supplying support personnel and equipment on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchange herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide assistance to the Counties by supplying support personnel and equipment in case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties. 2. Duration. (a) This Agreement shall be effective as of September I, 2024. As of said date, it shall terminate and supersede the terms of the Agreement for Northeast Iowa Response Group theretofore in effect. This Agreement shall be in full force and effect until and including August 30, 2034. (b) Any party to this Agreement may unilaterally terminate its involvement herein by delivery of written notice of termination by certified mail, return receipt requested, to Waterloo Fire Rescue, Attn: Fire Chief, 425 East Third Street, Waterloo, Iowa, 50703. Delivery shall be deemed to occur within three (3) business days of mailing. If notice is delivered on or before March 31 of a given year, it shall be effective to terminate such party's involvement herein as of Page 218 of 320 the June 30 immediately following, and if notice is delivered after March 31 then it shall be effective as of June 30 in the next year. The notice of termination shall not be effective if (i) the notice does not comply with this subparagraph or (ii) the terminating party fails to render payment in full for all of its obligations that are due under this Agreement before June 30. 3. Organization and Administration. (a) The Northeast Iowa Response Group (hereinafter "NIRG") is hereby organized to discharge public and essential governmental functions to provide for the public health, safety, and welfare as set forth more fully in this Agreement. NIRG is not a separate legal or administrative entity, but the patties shall work cooperatively on the basis set forth herein. (b) NIRG shall be governed by a joint Board consisting of one designated member representative and an alternate representative from each County and City. The designated member representatives (including alternates) shall serve for one (1) year or until a successor is designated. If a County fails to make a permanent designation, then the member representative from that County shall be the Chairperson of the County Board of Supervisors. Alternate representatives shall have voting rights when designated member representatives are unable to attend NIRG meetings. The Fire Chief of Waterloo Fire Rescue or his/her designee shall be the designated member representative of City. (c) The joint Board shall form an Executive Board consisting of a chairperson, a vice - chairperson, and a treasurer, each elected by a majority of the designated member representatives of each County in attendance at a meeting called for the purpose of electing the Executive Board. All parties shall be given written notice of said meeting at least ten (10) days in advance, with the time and place designated. The Executive Board shall have full power and authority to act on behalf of the joint Board. 4. Operations. The response procedures for NIRG shall be governed by the definitions attached hereto as Exhibit "A" and the standard operating procedures attached hereto as Exhibit "B". The response team shall be composed exclusively of personnel so designated by the Chief of Waterloo Fire Rescue. 5. Financing. (a) NIRG members shall bear a share of the costs and expenses on an annual per capita basis as follows: The total expense allocation for NIRG shall be divided by the number of persons in the entire membership area to yield the per capita expense. Payment by each County shall be determined by the number of residents within said County multiplied by the per capita expense. (b) City shall provide trained personnel, maintenance and housing of equipment, and dispatching and information services for NIRG. City shall not be responsible for any other contribution or payment. 2 Page 219 of 320 (c) The Counties shall provide (through the per capita assessment described above) the equipment necessary for the efficient and safe operation of NIRG and their respective shares of the costs of maintenance of said equipment, joint training facility cost, training expenses, including but not limited to travel, overtime occasioned by hazardous materials response or training, tuition to hazardous material training seminars, medical surveillance costs, and food and lodging. The member Counties shall further provide for the costs of their respective share of liability insurance premiums, the required medical expenses and physicals undertaken, and any additional personnel benefits or expenses as a result of this Agreement. Any additional unforeseen personnel costs incurred as a result of a response or training pursuant to this Agreement shall be borne by the Counties. (d) City shall invoice the County that requested a response for all costs of the response. Payment is due upon receipt of the invoice and shall be paid within sixty (60) days of invoicing, or bear interest at the rate of 12% per annum until paid. Any and all costs incurred in responding to a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County requesting said response shall be borne by the party responsible for said emergency. The County in which said response is made shall seek recovery of said costs from the Legally responsible party. The County's duty to pay City under this subparagraph is not contingent on the County's collection of costs from the responsible party. Upon City's receipt of the County's payment in full, City will promptly assign to the County all of City's interest in any claim or cause of action that lies against any person or entity responsible for the emergency who may bear legal liability for response costs paid by the County. (e) The County requesting NIRG response services shall be responsible for all costs incurred by NIRG and City while responding to the request. Nothing in this Agreement shall preclude the requesting County or Counties from recovering costs of services from any person or entity who may be legally Iiable therefor. To assist the Counties in the recovery of costs, City agrees to comply with all state and federal reporting requirements, including but not limited to the reporting requirement of the Iowa Department of Natural Resources, the Environmental Protection Agency, including the National Response Team, and any others designated by law. (t) Only liable individually named Counties shall indemnify and hold harmless City, its officers, officials, employees, agents, and consultants, from and against any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement or a response hereunder, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of the Iiable individually named Counties, anyone directly or indirectly employee! by them, or anyone for whose acts the individually named Counties may be liable, except to the extent caused by a party indemnified hereunder. Furthermore. the foregoing assumption of liability and indemnification shall apply to any liability of any type or character which may arise out of this Agreement and any response hereunder. (g) Each party to this Agreement shall have in full force and effect, within thirty (30) days of its execution of this Agreement, an ordinance placing the responsibility of the cost of 3 Page 220 of 320 cleanup of any hazardous substance incident or emergency on the party who is found to be legally responsible for said incident or emergency. (h) City, its officials and employees, shall not acquire any rights or benefits from any County hereunder by way of worker's compensation, nor any benefits under any County's personnel programs covering medical and hospital care, sick pay, vacation pay, or severance pay. City will be responsible for providing worker's compensation insurance or comparable coverage for the members of the response team regardless of where the response team is working. 6. Disposition of Property. Except as otherwise provided in this paragraph, upon the partial or complete termination of this Agreement ownership of all vehicles and/or equipment purchased for NIRG shall remain with City, to be utilized by the current Hazardous Material Response Team or for other fire suppression activities which shall be at the discretion of the Chief of Waterloo Fire Rescue. Any County that chooses to terminate its participation in this Agreement will forfeit all rights to equipment. If City chooses to terminate this Agreement, all equipment will be divided among the member Counties then participating in NIRG. 7. Miscellaneous. (a) Modification. No modification of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing and signed by all parties hereto. (b) Severability. 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 ofthis Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion ofthis Agreement is invalid or unenforceable as written, but that by limiting or removing such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be stricken, and shall be construed and enforced, as so limited. (c) Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. (d) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Recipients and their respective successors and legal representatives. Time is of the essence in the performance of this Agreement. 4 Page 221 of 320 IN WITNESS WHEREOF, the parties haveexecuted this Agreement for Northeast Iowa Response Group by their duly authorized representatives as of the date set forth below the signature of each party. CITY OF WATERLOO COUNTY OF: HARDIN By: By: Quentin Hart, Mayor Chairperson, Board of Supervisors Attest: Attest: (21(1 Kelly Felchle, City Clerk Board o upervisors-Executive Assistant Dated: Dated: 08/07/2024 Page 222 of 320 EXHIBIT "A" Definitions For purposes of this Agreement, the following definitions shall apply: (a) "Hazardous condition" means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance which, because of the quantity, strength, and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate potential danger to the public health or safety of persons or property within the Counties at any of the following locations: (I) within the City of Waterloo; (2) within any other city in the Counties, including those which extend beyond the boundaries of the Counties; (3) within any other area within the boundaries of the Counties; or (4) onto land, into the water, or into the atmosphere within the state of Iowa, but outside of the Counties, which creates an immediate potential danger to the public health or safety of persons or prope I iy within the Counties. Hazardous condition includes any accident involving hazardous materials required to be reported under Section 321.266(4) of the Codeof Iowa. (b) "Hazardous substance" means any substance or mixture of substances that presents a danger to the public health or safety or environment and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant, or that, in confinement, generates pressure through decomposition, heat, or other means. The following are examples of substances which, in sufficient quantity, may be hazardous: acids; alkalis; explosives; fertilizers; heavy metals such as chromium, arsenic, mercury, lead and cadmium; industrial chemicals; paint thinners; paints; pesticides; petroleum products; poisons; radioactive materials; sludge; and organic solvents. "Hazardous substance" includes any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act of 1976 as amended, or any hazardous substance designated under Section 31 I of the Federal Water Pollution Control Act as amended. or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, or any hazardous substance listed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Page 223 of 320 EXHIBIT "B" Standard Operating Procedures for Response to I-lazardous Material Incidents in NIRG Area Given that multiple entities are parties to the Agreement, the incidence of Haz-Mat alarms is likely to increase. With that increase in alarms, the possibility of simultaneous hazardous material spills becomes greater. In order to guide decision making by the Waterloo Fire Rescue officer in charge at a Haz-Mat incident should two or more such alarms occur at the same time, the following procedures are to be followed: If, while conducting response activities at a hazardous condition, an additional report of a hazardous condition requiring response by the Waterloo Fire Rescue Hazardous Materials Team is received, the Chief of Waterloo Fire Rescue or his/her designee shall make the determination based on predetermined criteria as to whether a disengagement of the Waterloo response personnel and/or equipment is necessary to mitigate the subsequent incident. When disengagement is deemed necessary, it shall be accomplished as rapidly as persomnel and public safety allow. For the purpose of making such determination, a hazardous condition shall be categorized in accordance with the following three levels: LEVEL ONE: An incident of such a nature or scope that it can be safely mitigated by initial response apparatus and personnel from the local responding fire department or district. Each fire department or district shall have proper equipment and have proper training to mitigatea Level One incident. The responding officer in charge shall determine when assistance is needed from the Haz-Mat team. Level One incidents are those that are generally smaller in size, require no evacuation beyond initial scene isolation and require minimal, if any, assistance from additional departments or agencies. Level One emergencies would, additionally, be those resulting from the release of: 40 gallons or less of common hydrocarbon liquids (gasoline, diesel fuel, fuel oil), low pressure natural gas or LP gas from fuel lines smaller than two inches in diameter, or less than 5 gallons of other flammable or combustible liquids, pesticides or corrosives that are easily containable and not posing an immediate exposure risk to the public, response personnel, property or environment. - Establish response levels. - LI - First units must be first responder/operations. - Must yearly update training. LEVEL TWO: An incident of such a nature or scope that a limited evacuation of areas beyond the immediate incident location is indicated, or response resources in addition to initially responding personnel and apparatus are needed. Level Two incidents would require assistance from other departments or agencies not initially responding, such as public works, health, road maintenance, Iowa Department of Transportation, or Iowa Department of Natural Resources. Level Two incidents would additionally be those releases of hazardous 1 Page 224 of 320 (c) "Responsible person" means the person, whether the owner, agent, lessor or tenant, in charge or the hazardous substance being stored, processed or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spill would cause danger to the public or to any person or to the environment. 2 Page 225 of 320 substances not easily containable and posing an immediate exposure risk to the public, response personnel, property or environment in the immediate vicinity of the release. LEVEL THREE,, An incident of such a nature or scope that evacuation of large areas is indicated and/or there exists an immediate, or potentially immediate, exposure risk to large segments of the public and response sector and property or the environment. Level Three incidents would likely result from release of large quantities of hazardous substances or moderately sized releases of exceptionally hazardous substances. - EMS and NFPA 473 (as agoal) Incident Handling and Jurisdiction lf, while conducting response activities at a hazardous condition, an incident with a higher level of classification occurs, Waterloo Fire Rescue personnel shall be disengaged from the incident of lesser classification as soon as safely possible as determined by the Waterloo Fire Chief or his/her designee in order to respond to the incident of higher classification. When determining incident classification levels, those hazardous conditions occurring in densely populated areas or threatening extensive impact on water supplies, or which may have long-term effect, shall be given higher priority than those occurring in areas of lesser population. If, while conducting response activities at a hazardous condition, an incident of similar classification occurs, the Waterloo Fire Chief or his/her designee shall send an appropriate representative to the scene of the subsequent incident for the purpose of recommending mitigation and safety measures until such time as the Waterloo Fire Rescue personnel may respond. Personnel from the fire department or district having jurisdiction shall be dispatched at the receipt of a report of a hazardous condition for the purpose of establishing scene control and command. The chief or his/her designee of the fire department or district having jurisdiction shall function as incident commander. The Chief of Waterloo Fire Rescue or his/her designee shall have supervisory control over Waterloo Fire Rescue personnel and the use of equipment involved in a response. Waterloo Fire Rescue personnel dispatched, in addition to those of the fire depatlment or district having jurisdiction, shall function in an advisory and/or assisting role to the incident commander. 2 Page 226 of 320 AGREEMENT for NORTHEAST IOWA RESPONSE GROUP This Agreement is entered into as of September 1, 2024, by and among the City of Waterloo, Iowa ("City") and each of the following Iowa counties: Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek (each a "County" and collectively "Counties"). This Agreement is made pursuant to Chapter 28E of the Code of Iowa for the purposes stated herein. RECITALS WHEREAS, Waterloo Fire Rescue, a department of City, has the support personnel and equipment to respond in the case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties; and WHEREAS, from time to time the Counties may need the assistance of City in case ofa hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County or Counties; and WHEREAS, the parties desire to enter into an Agreement for City to provide assistance to the Counties by supplying support personnel and equipment on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchange herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: l.. Purpose. The purpose of:this Agreement is to provide assistance to the Counties by supplying support personnel and equipment in case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties. 2. Duration. (a) This Agreement shall be effective as of September 1, 2024. As of said date, it shall terminate and supersede the terms of the Agreement for Northeast Iowa Response Group theretofore in effect. This Agreement shall be in full force and effect until and including August 30, 2034. (b) Any party to this Agreement may unilaterally terminate its involvement herein by delivery of written notice of termination by certified mail, return receipt requested, to Waterloo Fire Rescue, Attn: Fire Chief, 425 East Third Street, Waterloo, Iowa, 50703. Delivery shall be deemed to occur within three (3) business days of mailing. If notice is delivered on or before March 31 of a given year, it shall be effective to terminate such patty's involvement herein as of Page 227 of 320 the June 30 immediately following, and if notice is delivered after March 31 then it shall be effective as of June 30 in the next year. The notice of termination shall not be effective if (i) the notice does not comply with this subparagraph or (ii) the terminating party fails to render payment in full for all of its obligations that are due under this Agreement before June 30. 3. Organization and Administration. (a) The Northeast Iowa Response Group (hereinafter "NIRG") is hereby organized to discharge public and essential governmental functions to provide for the public health, safety, and welfare as set forth more fully in this Agreement. NIRG is not a separate legal or administrative entity, but the patties shall work cooperatively on the basis set forth herein. (b) NIRG shall be governed by a joint Board consisting of one designated member representative and an alternate representative from each County and City. The designated member representatives (including alternates) shall serve for one (1) year or until a successor is designated. If a County fails to make a permanent designation, then the member representative from that County shall be the Chairperson of the County Board of Supervisors. Alternate representatives shall have voting rights when designated member representatives are unable to attend NIRG meetings. The Fire Chief of Waterloo Fire Rescue or his/her designee shall be the designated member representative of City. (c) The joint Board shall form an Executive Board consisting ofa chairperson, a vice - chairperson, and a treasurer, each elected by a majority of the designated member representatives of each County in attendance at a meeting called for the purpose of electing the Executive Board. All parties shall be given written notice of said meeting at least ten (10) days in advance, with the time and place designated. The Executive Board shall have full power and authority to act on behalf of the jointBoard. 4. Operations. The response procedures for NIRG shall be governed by the definitions attached hereto as Exhibit "A" and the standard operating procedures attached hereto as Exhibit "B". The response team shall be composed exclusively of personnel so designated by the Chief of Waterloo Fire Rescue. 5. Financing. (a) NIRG members shall bear a share of the costs and expenses on an annual per capita basis as follows: The total expense allocation for NIRG shall be divided by the number of persons in the entire membership area to yield the per capita expense. Payment by each County shall be determined by the number of residents within said County multiplied by the per capita expense. (b) City shall provide trained personnel, maintenance and housing of equipment, and dispatching and information services for NIRG. City shall not be responsible for any other contribution or payment. 2 Page 228 of 320 (c) The Counties shall provide (through the per capita assessment described above) the equipment necessary for the efficient and safe operation of NIRG and their respective shares of the costs of maintenance of said equipment, joint training facility cost, training expenses, including but not limited to travel, overtime occasioned by hazardous materials response or training, tuition to hazardous material training seminars, medical surveillance costs, and food and lodging. The member Counties shall further provide for the costs of their respective share of liability insurance premiums, the required medical expenses and physicals undertaken, and any additional personnel benefits or expenses as a result of this Agreement. Any additional unforeseen personnel costs incurred as a result of a response or training pursuant to this Agreement shall be borne by the Counties. (d) City shall invoice the County that requested a response for all costs of the response. Payment is due upon receipt of the invoice and shall be paid within sixty (60) days of invoicing, or bear interest at the rate of 12% per annum until paid. Any and all costs incurred in responding to a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County requesting said response shall be borne by the party responsible for said emergency. The County in which said response is made shall seek recovery of said costs from the legally responsible party. The County's duty to pay City under this subparagraph is not contingent on the County's collection of costs from the responsible party. Upon City's receipt of the County's payment in full, City will promptly assign to the County all of City's interest in any claim or cause of action that lies against any person or entity responsible for the emergency who may bear legal liability for response costs paid by the County. (e) The County requesting NIRG response services shall be responsible for all costs incurred by NIRG and City while responding to the request. Nothing in this Agreement shall preclude the requesting County or Counties from recovering costs of services from any person or entity who may be legally liable therefor. To assist the Counties in the recovery of costs, City agrees to comply with all state and federal reporting requirements, including but not limited to the reporting requirement of the Iowa Depai talent of Natural Resources, the Environmental Protection Agency, including the National Response Team, and any others designated by law. (f) Only liable individually named Counties shall indemnify and hold harmless City, its officers, officials, employees, agents, and consultants, from and against any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement or a response hereunder, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of the liable individually named Counties, anyone directly or indirectly employee! by them, or anyone for whose acts the individually named Counties may be liable, except to the extent caused by a party indemnified hereunder. Furthermore, the foregoing assumption of liability and indemnification shall apply to any liability of any type or character which may arise out of this Agreement and any response hereunder. (g) Each party to this Agreement shall have in full force and effect, within thirty (30) days of its execution of this Agreement, an ordinance placing the responsibility of the cost of 3 Page 229 of 320 cleanup of any hazardous substance incident or emergency on the party who is found to be legally responsible for said incident or emergency. (h) City, its officials and employees, shall not acquire any rights or benefits from any County hereunder by way of worker's compensation, nor any benefits under any County's personnel programs covering medical and hospital care, sick pay, vacation pay, or severance pay. City will be responsible for providing worker's compensation insurance or comparable coverage for the members of the response team regardless of where the response team is working. 6. Disposition of property. Except as otherwise provided in this paragraph, upon the partial or complete termination of this Agreement ownership of all vehicles and/or equipment purchased for NIRG shall remain with City, to be utilized by the current Hazardous Material Response Team or for other fire suppression activities which shall be at the discretion of the Chief of Waterloo Fire Rescue. Any County that chooses to terminate its participation in this Agreement will forfeit all rights to equipment. If City chooses to terminate this Agreement, all equipment will be divided among the member Counties then participating inNIRG. 7. Miscellaneous. (a) Modification. No modification of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing and signed by all parties hereto. (b) Severability. 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 foil 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 or removing such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be stricken, and shall be construed and enforced, as so limited. (c) Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. (d) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Recipients and their respective successors and legal representatives. Time is of the essence in the performance of this Agreement. 4 Page 230 of 320 IN WITNESS WHEREOF, the parties haveexecuted this Agreement for Northeast Iowa Response Group by their duly authorized representatives as of the date set forth below the signature of each party. CITY OF WATERLOO By: Quentin Hart, Mayor Attest: Dated: Kelly Felchlc, City Clerk By: irperson, Board of Supervisors Attest: Co y Auditor Dated: "l << \a00`�. Page 231 of 320 EXHIBIT "A" Definitions For purposes of this Agreement, the following definitions shall apply: (a) "Hazardous condition" means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance which, because of the quantity, strength, and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate potential danger to the public health or safety of persons or property within the Counties at any of the following locations: (1) within the City of Waterloo; (2) within any other city in the Counties, including those which extend beyond the boundaries of the Counties; (3) within any other area within the boundaries of the Counties; or (4) onto land, into the water, or into the atmosphere within the state of Iowa, but outside of the Counties, which creates an immediate potential danger to the public health or safety of persons or prope l iy within the Counties. Hazardous condition includes any accident involving hazardous materials required to be reported under Section 321.266(4) of the Code of Iowa. (b) "Hazardous substance" means any substance or mixture of substances that presents a danger to the public health or safety or environment and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant, or that, in confinement, generates pressure through decomposition, heat, or other means. The following are examples of substances which, in sufficient quantity, may be hazardous: acids; alkalis; explosives; fertilizers; heavy metals such as chromium, arsenic, mercury, lead and cadmium; industrial chemicals; paint thinners; paints; pesticides; petroleum products; poisons; radioactive materials; sludge; and organic solvents. "Hazardous substance" includes any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act of 1976 as amended, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, or any hazardous substance listed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980_ Page 232 of 320 (c) "Responsible person" means the person, whether the owner, agent, lessor or tenant, in charge or the hazardous substance being stored, processed or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spill would cause danger to the public or to any person or to the environment. 2 Page 233 of 320 EXHIBIT "B" Standard Operating Procedures for Response to Hazardous Material Incidents in NIRG Area Given that multiple entities are parties to the Agreement, the incidence of Haz-Mat alarms is likely to increase. With that increase in alarms, the possibility of simultaneous hazardous material spills becomes greater. In order to guide decision making by the Waterloo Fire Rescue officer in charge at a Haz-Mat incident should two or more such alarms occur at the same time, the following procedures are to be followed: If, while conducting response activities at a hazardous condition, an additional report of a hazardous condition requiring response by the Waterloo Fire Rescue Hazardous Materials Team is received, the Chief of Waterloo Fire Rescue or his/her designee shall make the determination based on predetermined criteria as to whether a disengagement of the Waterloo response personnel and/or equipment is necessary to mitigate the subsequent incident. When disengagement is deemed necessary, it shall be accomplished as rapidly as persomleI andpublic safety allow. For the purpose of making such determination, a hazardous condition shall be categorized in accordance with the following three levels: LEVEL ONE: An incident of such a nature or scope that it can be safely mitigated by initial response apparatus and personnel from the local responding fire department or district. Each fire department or district shall have proper equipment and have proper training to mitigate a Level One incident. The responding officer in charge shall determine when assistance is needed from the Haz-Mat team. Level One incidents are those that are generally smaller in size, require no evacuation beyond initial scene isolation and require minimal, if any, assistance from additional departments or agencies. Level One emergencies would, additionally, be those resulting from the release of: 40 gallons or less of common hydrocarbon liquids (gasoline, diesel fuel, fuel oil), low pressure natural gas or LP gas from fuel lines smaller than two inches in diameter, or less than 5 gallons of other flammable or combustible liquids, pesticides or corrosives that are easily containable and not posing an immediate exposure risk to the public, response personnel, property or environment. - Establish response levels. L1 - First units must be first responder/operations. - Must yearly update training. LEVEL TWO: An incident of such a nature or scope that a limited evacuation of areas beyond the immediate incident location is indicated, or response resources in addition to initially responding personnel and apparatus are needed. Level Two incidents would require assistance from other departments or agencies not initially responding, such as public works, health, road maintenance, Iowa Department of Transportation, or Iowa Department of Natural Resources. Level Two incidents would additionally be those releases of hazardous 1 Page 234 of 320 substances not easily containable and posing an immediate exposure risk to the public, response personnel, property or environment in the immediate vicinity of the release. LEVEL THREE.; An incident of such a nature or scope that evacuation of large areas is indicated and/or there exists an immediate, or potentially immediate, exposure risk to large segments of the public and response sector and property or the environment. Level Three incidents would likely result from release of large quantities of hazardous substances or moderately sized releases of exceptionally hazardous substances. - EMS and NFPA 473 (as agoal) Incident Handling and Jurisdiction If, while conducting response activities at a hazardous condition, an incident with a higher level of classification occurs, Waterloo Fire Rescue personnel shall be disengaged from the incident of lesser classification as soon as safely possible as determined by the Waterloo Fire Chief or his/her designee in order to respond to the incident of higher classification. When determining incident classification levels, those hazardous conditions occurring in densely populated areas or threatening extensive impact on water supplies, or which may have long-term effect, shall be given higher priority than those occurring in areas of lesser population. If, while conducting response activities at a hazardous condition, an incident of similar classification occurs, the Waterloo Fire Chief or his/her designee shall send an appropriate representative to the scene of the subsequent incident for the purpose of recommending mitigation and safety measures until such time as the Waterloo Fire Rescue personnel may respond. Personnel from the fire department or district having jurisdiction shall be dispatched at the receipt of a report of a hazardous condition for the purpose of establishing scene control and command. The chief or his/her designee of the fire department or district having jurisdiction shall function as incident commander. The Chief of Waterloo Fire Rescue or his/her designee shall have supervisory control over Waterloo Fire Rescue personnel and the use of equipment involved in a response. Waterloo Fire Rescue personnel dispatched, in addition to those of the fire depatlment or district having jurisdiction, shall function in an advisory and/or assisting role to the incident commander. 2 Page 235 of 320 AGREEMENT for NORTHEAST IOWA RESPONSE GROUP This Agreement is entered into as of September 1, 2024, by and among the City of Waterloo, Iowa ("City") and each of the following Iowa counties: Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek (each a "County" and collectively "Counties"). This Agreement is made pursuant to Chapter 28E of the Code of Iowa for the purposes stated herein. RECITALS WHEREAS. Waterloo Fire Rescue. a department of City. has the support personnel and equipment to respond in the case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties: and WHEREAS, from time to time the Counties may need the assistance of City in case ofa hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County or Counties; and WHEREAS, the parties desire to enter into an Agreement for City to provide assistance to the Counties by supplying support personnel and equipment on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchange herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Purpose. The purpose of this Agreement is to provide assistance to the Counties by supplying support personnel and equipment in case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties. 2. Duration. (a) This Agreement shall be effective as of September 1, 2024. As of said date, it shall terminate and supersede the terms of the Agreement for Northeast Iowa Response Group theretofore in effect. This Agreement shall be in full force and effect until and including August 30, 2034. (b) Any party to this Agreement may unilaterally terminate its involvement herein by delivery of written notice of termination by certified mail, return receipt requested, to Waterloo Fire Rescue, Attn: Fire Chief, 425 East Third Street, Waterloo, Iowa, 50703. Delivery shall be deemed to occur within three (3) business days of mailing. If notice is delivered on or before March 31 of a given year, it shall be effective to terminate such parry's involvement herein as of Page 236 of 320 the June 30 immediately following, and if notice is delivered after March 31 then it shall be effective as of June 30 in the next year. The notice of termination shall not be effective if (i) the notice does not comply with this subparagraph or (ii) the terminating party fails to render payment in full for all of its obligations that are due under this Agreement before June 30. 3. Organization and Administration. (a) The Northeast lowa Response Group (hereinafter "NIRG") is hereby organized to discharge public and essential governmental functions to provide for the public health, safety. and welfare as set forth more fully in this Agreement. NIRG is not a separate legal or administrative entity, but the patties shall work cooperatively on the basis set forth herein. (b) NIRG shall be governed by a joint Board consisting of one designated member representative and an alternate representative from each County and City. The designated member representatives (including alternates) shall serve for one (1) year or until a successor is designated. If a County fails to make a permanent designation. then the member representative from that County shall be the Chairperson of the County Board of Supervisors. Alternate representatives shall have voting rights when designated member representatives are unable to attend NIRG meetings. The Fire Chief of Waterloo Fire Rescue or his/her designee shall be the designated member representative of City. (c) The joint Board shall form an Executive Board consisting of a chairperson, a vice - chairperson, and a treasurer. each elected by a majority of the designated member representatives of each County in attendance at a meeting called for the purpose of electing the Executive Board. All parties shall be given written notice of said meeting at least ten (l0) days in advance, with the time and place designated. The Executive Board shall have full power and authority to act on behalf of the joint Board. 4. Operations. The response procedures for NIRG shall be governed by the definitions attached hereto as Exhibit "A" and the standard operating procedures attached hereto as Exhibit "B". The response team shall be composed exclusively of personnel so designated by the Chief of Waterloo Fire Rescue. 5. Financing. (a) NIRG members shall bear a share of the costs and expenses on an annual per capita basis as follows: The total expense allocation for NIRG shall be divided by the number of persons in the entire membership area to yield the per capita expense. Payment by each County shall be determined by the number of residents within said County multiplied by the per capita expense. (b) City shall provide trained personnel, maintenance and housing of equipment, and dispatching and information services for NIRG. City shall not be responsible for any other contribution or payment. 2 Page 237 of 320 (c) The Counties shall provide (through the per capita assessment described above) the equipment necessary for the efficient and safe operation of NIRG and their respective shares of the costs of maintenance of said equipment, joint training facility cost. training expenses. including but not limited to travel, overtime occasioned by hazardous materials response or training, tuition to hazardous material training seminars. medical surveillance costs, and food and lodging. The member Counties shall further provide for the costs of their respective share of liability insurance premiums. the required medical expenses and physicals undertaken. and any additional personnel benefits or expenses as a result of this Agreement. Any additional unforeseen personnel costs incurred as a result of a response or training pursuant to this Agreement shall be borne by the Counties. (d) City shall invoice the County that requested a response for all costs of the response. Payment is due upon receipt of the invoice and shall be paid within sixty (60) days of invoicing. or bear interest at the rate of 12% per annum until paid. Any and all costs incurred in responding to a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County requesting said response shall be borne by the party responsible for said emergency. The County in which said response is made shall seek recovery of said costs from the legally responsible party. The County's duty to pay City under this subparagraph is not contingent on the County's collection of costs from the responsible party. Upon City's receipt of the County's payment in full. City will promptly assign to the County all of City's interest in any claim or cause of action that lies against any person or entity responsible for the emergency who may bear legal liability for response costs paid by the County. (e) The County requesting N1RG response services shall be responsible for all costs incurred by N1RG and City while responding to the request. Nothing in this Agreement shall preclude the requesting County or Counties from recovering costs of services from any person or entity who may be legally liable therefor. To assist the Counties in the recovery of costs. City agrees to comply with all state and federal reporting requirements, including but not limited to the reporting requirement of the Iowa Department of Natural Resources. the Environmental Protection Agency. including the National Response Team. and any others designated by law. (f) Only liable individually named Counties shall indemnify and hold harmless City, its officers. officials, employees. agents. and consultants. from and against any and all claims. damages, losses. and expenses, including but not limited to attorney's fees, whether incurred prior to or during litigation. administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels. which may in any way arise out of or result from this Agreement or a response hereunder. provided that any such claim, damage, loss. or expense is caused in whole or in part by any negligent act or omission or other fault of the liable individually named Counties, anyone directly or indirectly employee! by them, or anyone for whose acts the individually named Counties may be liable, except to the extent caused by a party indemnified hereunder. Furthermore, the foregoing assumption of liability and indemnification shall apply to any liability of any type or character which may arise out of this Agreement and any response hereunder. (g) Each party to this Agreement shall have in full force and effect, within thirty (30) days of its execution of this Agreement. an ordinance placing the responsibility of the cost of 3 Page 238 of 320 cleanup of any hazardous substance incident or emergency on the party who is found to be legally responsible for said incident or emergency. (h) City. its officials and employees, shall not acquire any rights or benefits from any County hereunder by way of worker's compensation, nor any benefits under any County's personnel programs covering medical and hospital care, sick pay, vacation pay. or severance pay. City will be responsible for providing worker's compensation insurance or comparable coverage for the members of the response team regardless of where the response team is working. 6. Disposition of Property. Except as otherwise provided in this paragraph. upon the partial or complete termination of this Agreement ownership of all vehicles and/or equipment purchased for NIRG shall remain with City, to be utilized by the current Hazardous Material Response Team or for other fire suppression activities which shall be at the discretion of the Chief of Waterloo Fire Rescue. Any County that chooses to terminate its participation in this Agreement will forfeit all rights to equipment. if City chooses to terminate this Agreement, all equipment will be divided among the member Counties then participating in NIRG. 7. Miscellaneous. (a) Modification. No modification of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing and signed by all parties hereto. (b) Severability. 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 ofthis Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion ofthis Agreement is invalid or unenforceable as written, but that by limiting or removing such provision or portion thereof it would become valid and enforceable. then such provision or portion thereof shall be deemed to be stricken, and shall be construed and enforced. as so limited. (c) Counterparts. This Agreement may be signed in multiple counterparts. each of which shall be deemed an original and all of ich, taken together, shall constitute one and the same instrument. (d) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Recipients and their respective successors and legal representatives. Time is of the essence in the performance ofthis Agreement. 4 Page 239 of 320 IN WITNESS WHEREOF, the parties haveexecuted this Agreement for Northeast Iowa Response Group by their duly authorized representatives as of the date set forth below the signature of each party. CITY OF WATERLOO COUNTY OF: POWESHIEK By: Quentin Hart, Mayor Chairperson, Board of Superyors Attest: Kelly Felchle, City Clerk By: Attest: Iv`"'� J _ an cN N,.____, County Auditor Dated: Dated: 0'7- 2q- 2s)21--\ Page 240 of 320 EXHIBIT "A" Definitions For purposes of this Agreement, the following definitions shall apply: (a) "Hazardous condition" means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance which, because of the quantity, strength, and toxicity of the hazardous substance. its mobility in the environment and its persistence, creates an immediate potential danger to the public health or safety of persons or property within the Counties at any of the following locations: (1) within the City of Waterloo; (2) within any other city in the Counties, including those which extend beyond the boundaries of the Counties; (3) within any other area within the boundaries of the Counties; or (4) onto land, into the water, or into the atmosphere within the state of Iowa, but outside of the Counties, which creates an immediate potential danger to the public health or safety of persons or prope 1 iy within the Counties. Hazardous condition includes any accident involving hazardous materials required to be reported under Section 321.266(4) of the Code of Iowa. (b) "Hazardous substance" means any substance or mixture of substances that presents a danger to the public health or safety or environment and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant, or that, in confinement, generates pressure through decomposition, heat. or other means. The following are examples of substances which, in sufficient quantity, may be hazardous: acids: alkalis: explosives: fertilizers; heavy metals such as chromium, arsenic, mercury, lead and cadmium: industrial chemicals; paint thinners; paints; pesticides; petroleum products: poisons; radioactive materials; sludge; and organic solvents. "Hazardous substance" includes any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act of 1976 as amended, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, or any hazardous substance listed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Page 241 of 320 (c) "Responsible person" means the person, whether the owner. agent. lessor or tenant, in charge or the hazardous substance being stored, processed or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spill would cause danger to the public or to any person ❑r to the environment. 2 Page 242 of 320 EXHIBIT "B" Standard Operating Procedures for Response to Hazardous Material Incidents in NIRG Area Given that multiple entities are parties to the Agreement. the incidence of Haz-Mat alarms is likely to increase. With that increase in alarms, the possibility of simultaneous hazardous material spills becomes greater. In order to guide decision making by the Waterloo Fire Rescue officer in charge at a Haz-Mat incident should two or more such alarms occur at the same time, the following procedures are to be followed: If. while conducting response activities at a hazardous condition, an additional report of a hazardous condition requiring response by the Waterloo Fire Rescue Hazardous Materials Team is received. the Chief of Waterloo Fire Rescue or his/her designee shall make the determination based on predetermined criteria as to whether a disengagement of the Waterloo response personnel and/or equipment is necessary to mitigate the subsequent incident. When disengagement is deemed necessary. it shall be accomplished as rapidly as persom l el andpublic safety allow. For the purpose of making such determination. a hazardous condition shall be categorized in accordance with the following three levels: LEVEL ONE: An incident of such a nature or scope that it can be safely mitigated by initial response apparatus and personnel from the local responding fire department or district. Each fire department or district shall have proper equipment and have proper training to mitigatea Level One incident. The responding officer in charge shall determine when assistance is needed from the Haz-Mat team. Level One incidents are those that are generally smaller in size, require no evacuation beyond initial scene isolation and require minimal, if any, assistance from additional departments or agencies. Level One emergencies would. additionally. be those resulting from the release of: 40 gallons or less of common hydrocarbon liquids (gasoline. diesel fuel. fuel oil). low pressure natural gas or LP gas from fuel lines smaller than two inches in diameter, or Tess than 5 gallons of other flammable or combustible liquids, pesticides or corrosives that are easily containable and not posing an immediate exposure risk to the public, response personnel, property or environment. - Establish response levels. - L l - First units must be first responder/operations. - Must yearly update training. LEVEL TWO: An incident of such a nature or scope that a limited evacuation of areas beyond the immediate incident location is indicated. or response resources in addition to initially responding personnel and apparatus are needed. Level Two incidents would require assistance from other departments or agencies not initially responding. such as public works. health. road maintenance. lowa Department of Transportation. or Iowa Department of Natural Resources. Level Two incidents would additionally be those releases ofhazardous Page 243 of 320 substances not easily containable and posing an immediate exposure risk to the public, response personnel. property or environment in the immediate vicinity of the release. LEVEL THREEI An incident of such a nature or scope that evacuation of large areas is indicated and/or there exists an immediate, or potentially immediate, exposure risk to large segments of the public and response sector and property or the environment. Level Three incidents would likely result from release of large quantities of hazardous substances or moderately sized releases of exceptionally hazardous substances. - EMS and NFPA 473 (as agoal) Incident Handling and Jurisdiction If. while conducting response activities at a hazardous condition, an incident with a higher level of classification occurs. Waterloo Fire Rescue personnel shall be disengaged from the incident of lesser classification as soon as safely possible as determined by the Waterloo Fire Chief or his/her designee in order to respond to the incident of higher classification. When determining incident classification levels, those hazardous conditions occurring in densely populated areas or threatening extensive impact on water supplies, or which may have long-term effect, shall be given higher priority than those occurring in areas of lesser population. If. while conducting response activities at a hazardous condition. an incident of' similar classification occurs. the Waterloo Fire Chief or his/her designee shall send an appropriate representative to the scene of the subsequent incident for the purpose of recommending mitigation and safety measures until such time as the Waterloo Fire Rescue personnel may respond. Personnel from the fire department or district having jurisdiction shall be dispatched at the receipt of a report of a hazardous condition for the purpose of establishing scene control and command. The chief or his/her designee of the fire department or district having jurisdiction shall function as incident commander. The Chief of Waterloo Fire Rescue or his/her designee shall have supervisory control over Waterloo Fire Rescue personnel and the use of equipment involved in a response. Waterloo Fire Rescue personnel dispatched. in addition to those of the fire depatl ment or district having jurisdiction, shall function in an advisory and/or assisting role to the incident commander. Page 244 of 320 AGREEMENT for NORTHEAST IOWA RESPONSE GROUP This Agreement is entered into as of September 1, 2024, by and among the City of Waterloo, Iowa ("City") and each of the following Iowa counties: Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek (each a "County" and collectively "Counties"). This Agreement is made pursuant to Chapter 28E of the Code of Iowa for the purposes stated herein. RECITALS WHEREAS, Waterloo Fire Rescue, a department of City, has the support personnel and equipment to respond in the case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties; and WHEREAS, from time to time the Counties may need the assistance of City in case ofa hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County or Counties; and WHEREAS, the parties desire to enter into an Agreement for City to provide assistance to the Counties by supplying support personnel and equipment on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchange herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Purpose. The purpose of this Agreement is to provide assistance to the Counties by supplying support personnel and equipment in case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties_ 2. Duration. (a) This Agreement shall be effective as of September 1, 2024_ As of said date, it shall terminate and supersede the terms of the Agreement for Northeast Iowa Response Group theretofore in effect_ This Agreement shall be in full force and effect until and including August 30, 2034. (b) Any party to this Agreement may unilaterally terminate its involvement herein by delivery of written notice of termination by certified mail, return receipt requested, to Waterloo Fire Rescue, Attn: Fire Chief, 425 East Third Street, Waterloo, Iowa, 50703. Delivery shall be deemed to occur within three (3) business days of mailing. If notice is delivered on or before March 31 of a given year, it shall be effective to terminate such parry's involvement herein as of Page 245 of 320 the June 30 immediately following, and if notice is delivered after March 31 then it shall be effective as of June 30 in the next year. The notice of termination shall not be effective if (i) the notice does not comply with this subparagraph or (ii) the terminating party fails to render payment in full for all of its obligations that are due under this Agreement before June 30. 3. Organization and Administration. (a) The Northeast Iowa Response Group (hereinafter "NIRG") is hereby organized to discharge public and essential governmental functions to provide for the public health, safety, and welfare as set forth more fully in this Agreement. NIRG is not a separate legal or administrative entity, but the patties shall work cooperatively on the basis set forth herein. (b) NIRG shall be governed by a joint Board consisting of one designated member representative and an alternate representative from each County and City. The designated member representatives (including alternates) shall serve for one (1) year or until a successor is designated. If a County fails to make a permanent designation, then the member representative from that County shall be the Chairperson of the County Board of Supervisors. Alternate representatives shall have voting rights when designated member representatives are unable to attend NIRG meetings. The Fire Chief of Waterloo Fire Rescue or his/her designee. shall be the designated member representative of City_ (c) The joint Board shall form an Executive Board consisting ofa chairperson, a vice - chairperson, and a treasurer, each elected by a majority of the designated member representatives of each County in attendance at a meeting called for the purpose of electing the Executive Board. All parties shall be given written notice of said meeting at least ten (10) days in advance, with the time and place designated. The Executive Board shall have full power and authority to act on behalf of the joint Board. 4. Operations. The response procedures for NIRG shall be governed by the definitions attached hereto as Exhibit "A" and the standard operating procedures attached hereto as Exhibit "B". The response team shall be composed exclusively of personnel so designated by the Chief of Waterloo Fire Rescue. 5. Financing. (a) NIRG members shall bear a share of the costs and expenses on an annual per capita basis as follows: The total expense allocation for NIRG shall be divided by the number of persons in the entire membership area to yield the per capita expense. Payment by each County shall be determined by the number of residents within said County multiplied by the per capita expense. (b) City shall provide trained personnel, maintenance and housing of equipment, and dispatching and information services for NIRG. City shall not be responsible for any other contribution or payment. 2 Page 246 of 320 (c) The Counties shall provide (through the per capita assessment described above) the equipment necessary for the efficient and safe operation of NIRG and their respective shares of the costs of maintenance of said equipment, joint training facility cost, training expenses, including but not limited to travel, overtime occasioned by hazardous materials response or training, tuition to hazardous material training seminars, medical surveillance costs, and food and lodging. The member Counties shall further provide for the costs of their respective share of liability insurance premiums, the required medical expenses and physicals undertaken, and any additional personnel benefits or expenses as a result of this Agreement. Any additional unforeseen personnel costs incurred as a result of a response or training pursuant to this Agreement shall be borne by the Counties. (d) City shall invoice the County that requested a response for all costs of the response. Payment is due upon receipt of the invoice and shall be paid within sixty (60) days of invoicing, or bear interest at the rate of 12% per annum until paid. Any and all costs incurred in responding to a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County requesting said response shall be borne by the party responsible for said emergency. The County in which said response is made shall seek recovery of said costs from the legally responsible party. The County's duty to pay City under this subparagraph is not contingent on the County's collection of costs from the responsible party. Upon City's receipt of the County's payment in full, City will promptly assign to the County all of City's interest in any claim or cause of action that lies against any person or entity responsible for the emergency who may bear legal liability for response costs paid by the County. (e) The County requesting NIRG response services shall be responsible for all costs incurred by NIRG and City while responding to the request. Nothing in this Agreement shall preclude the requesting County or Counties from recovering costs of services from any person or entity who may be legally liable therefor. To assist the Counties in the recovery of costs, City agrees to comply with all state and federal reporting requirements, including but not limited to the reporting requirement of the Iowa Department of Natural Resources, the Environmental Protection Agency, including the National Response Team, and any others designated by law. (f) Only liable individually named Counties shall indemnify and hold harmless City, its officers, officials, employees, agents, and consultants, from and against any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement or a response hereunder, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of the liable individually named Counties, anyone directly or indirectly employee! by them, or anyone for whose acts the individually named Counties may be liable, except to the extent caused by a party indemnified hereunder. Furthermore, the foregoing assumption of liability and indemnification shall apply to any liability of any type or character which may arise out of this Agreement and any response hereunder. (g) Each party to this Agreement shall have in full force and effect, within thirty (30) days of its execution of this Agreement, an ordinance placing the responsibility of the cost of 3 Page 247 of 320 cleanup of any hazardous substance incident or emergency on the party who is found to be legally responsible for said incident or emergency. (h) City, its officials and employees, shall not acquire any rights or benefits from any County hereunder by way of worker's compensation, nor any benefits under any County's personnel programs covering medical and hospital care, sick pay, vacation pay, or severance pay. City will be responsible for providing worker's compensation insurance or comparable coverage for the members ofthe response team regardless of where the response team is working. 6. Disposition of Propertv. Except as otherwise provided in this paragraph, upon the partial or complete termination of this Agreement ownership of all vehicles and/or equipment purchased for NIRG shall remain with City, to be utilized by the current Hazardous Material Response Team or for other fire suppression activities which shall be at the discretion of the Chief of Waterloo Fire Rescue. Any County that chooses to terminate its participation in this Agreement will forfeit all rights to equipment. If City chooses to terminate this Agreement, all equipment will be divided among the member Counties then participating inNIRG_ 7. Miscellaneous. (a) Modification. No modification of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing and signed by all parties hereto. (b) Severability. 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 ofthis Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion ofthis Agreement is invalid or unenforceable as written, but that by limiting or removing such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be stricken, and shall be construed and enforced, as so limited. (c) Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. (d) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit ofthe Recipients and their respective successors and legal representatives. Time is ofthe essence in the performance of this Agreement. 4 Page 248 of 320 IN WITNESS WHEREOF, the parties haveexecuted this Agreement for Northeast Iowa Response Group by their duly authorized representatives as of the date set forth below the signature of each party. CITY OF WATERLOO COUNTY OF: TAMA By: B Quentin Hart, Mayor Attest: Attest: Dated: Kelly Felchle, City Clerk 5 oard of Supervisors County Auditor Dated: v ‘ V e Page 249 of 320 EXHIBIT "A" Definitions For purposes of this Agreement, the following definitions shall apply: (a) "Hazardous condition" means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance which, because of the quantity, strength, and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate potential danger to the public health or safety of persons or property within the Counties at any of the following locations: (1) within the City of Waterloo; (2) within any other city in the Counties, including those which extend beyond the boundaries of the Counties; (3) within any other area within the boundaries of the Counties; or (4) onto land, into the water, or into the atmosphere within the state of Iowa, but outside of the Counties, which creates an immediate potential danger to the public health or safety of persons or prope l iy within the Counties_ Hazardous condition includes any accident involving hazardous materials required to be reported under Section 321.266(4) of the Code of Iowa_ (b) "Hazardous substance" means any substance or mixture of substances that presents a danger to the public health or safety or environment and includes, but is not Iimited to, a substance that is toxic, corrosive, or flammable, or that is an irritant, or that, in confinement, generates pressure through decomposition, heat, or other means. The following are examples of substances which, in sufficient quantity, may be hazardous: acids; alkalis; explosives; fertilizers; heavy metals such as chromium, arsenic, mercury, lead and cadmium; industrial chemicals; paint thinners; paints; pesticides; petroleum products; poisons; radioactive materials; sludge; and organic solvents. "Hazardous substance" includes any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act of 1976 as amended, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, or any hazardous substance listed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Page 250 of 320 (c) "Responsible person" means the person, whether the owner, agent, lessor or tenant, in charge or the hazardous substance being stored, processed or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spill would cause danger to the public or to any person or to the environment. 2 Page 251 of 320 EXHIBIT "B" Standard Operating Procedures for Response to Hazardous Material Incidents in NIRG Area Given that multiple entities are parties to the Agreement, the incidence of Haz-Mat alarms is likely to increase. With that increase in alarms, the possibility of simultaneous hazardous material spills becomes greater. In order to guide decision making by the Waterloo Fire Rescue officer in charge at a Haz-Mat incident should two or more such alarms occur at the same time, the following procedures are to be followed: If, while conducting response activities at a hazardous condition, an additional report of a hazardous condition requiring response by the Waterloo Fire Rescue Hazardous Materials Team is received, the Chief of Waterloo Fire Rescue or his/her designee shall make the determination based on predetermined criteria as to whether a disengagement of the Waterloo response personnel and/or equipment is necessary to mitigate the subsequent incident. When disengagement is deemed necessary, it shall be accomplished as rapidly as persomlel andpublic safety allow. For the purpose of making such determination, a hazardous condition shall be categorized in accordance with the following three levels: LEVEL ONE: An incident of such a nature or scope that it can be safely mitigated by initial response apparatus and personnel from the local responding fire department or district. Each fire department or district shall have proper equipment and have proper training to mitigatea Level One incident. The responding officer in charge shall determine when assistance is needed from the Haz-Mat team. Level One incidents are those that are generally smaller in size, require no evacuation beyond initial scene isolation and require minimal, if any, assistance from additional departments or agencies. Level One emergencies would, additionally, be those resulting from the release of: 40 gallons or less of common hydrocarbon liquids (gasoline, diesel fuel, fuel oil), low pressure natural gas or LP gas from fuel lines smaller than two inches in diameter, or less than 5 gallons of other flammable or combustible liquids, pesticides or corrosives that are easily containable and not posing an immediate exposure risk to the public, response personnel, property or environment. - Establish response levels. - LI - First units must be first responder/operations. - Must yearly update training. LEVEL TWO: An incident of such a nature or scope that a limited evacuation of areas beyond the immediate incident location is indicated, or response resources in addition to initially responding personnel and apparatus are needed. Level Two incidents would require assistance from other departments or agencies not initially responding, such as public works, health, road maintenance, Iowa Department of Transportation, or Iowa Department of Natural Resources. Level Two incidents would additionally be those releases of hazardous I Page 252 of 320 substances not easily containable and posing an immediate exposure risk to the public, response personnel, property or environment in the immediate vicinity of the release. LEVEL THREE: An incident of such a nature or scope that evacuation of large areas is indicated and/or there exists an immediate, or potentially immediate, exposure risk to large segments of the public and response sector and property or the environment. Level Three incidents would likely result from release of large quantities of hazardous substances or moderately sized releases of exceptionally hazardous substances_ - EMS and NFPA 473 (as agoal) Incident Handling and Jurisdiction If, while conducting response activities at a hazardous condition, an incident with a higher level of classification occurs, Waterloo Fire Rescue personnel shall be disengaged from the incident of lesser classification as soon as safely possible as determined by the Waterloo Fire Chief or his/her designee in order to respond to the incident of higher classification. When determining incident classification levels, those hazardous conditions occurring in densely populated areas or threatening extensive impact on water supplies, or which may have long-term effect, shall be given higher priority than those occurring in areas of lesser population. If, while conducting response activities at a hazardous condition, an incident of similar classification occurs, the Waterloo Fire Chief or his/her designee shall send an appropriate representative to the scene of the subsequent incident for the purpose of recommending mitigation and safety measures until such time as the Waterloo Fire Rescue personnel may respond. Personnel from the fire department or district having jurisdiction shall be dispatched at the receipt of a report of a hazardous condition for the purpose of establishing scene control and command. The chief or his/her designee of the fire department or district having jurisdiction shall function as incident commander. The Chief of Waterloo Fire Rescue or his/her designee shall have supervisory control over Waterloo Fire Rescue personnel and the use of equipment involved in a response_ Waterloo Fire Rescue personnel dispatched, in addition to those of the fire depatlment or district having jurisdiction, shall function in an advisory and/or assisting role to the incident commander. 2 Page 253 of 320 AGREEMENT for NORTHEAST IOWA RESPONSE GROUP This Agreement is entered into as of September 1, 2024, by and among the City of Waterloo, Iowa ("City") and each of the following Iowa counties: Allamakee, Black Hawk, Bremer, Butler, Chickasaw, Grundy, Hardin, Howard, Poweshiek, Tama, and Winneshiek (each a "County" and collectively "Counties"). This Agreement is made pursuant to Chapter 28E of the Code of Iowa for the purposes stated herein. RECITALS WHEREAS, Waterloo Fire Rescue, a department of City, has the support personnel and equipment to respond in the case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties; and WHEREAS, from time to time the Counties may need the assistance of City in case ofa hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County or Counties; and WHEREAS, the parties desire to enter into an Agreement for City to provide assistance to the Counties by supplying support personnel and equipment on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchange herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide assistance to the Counties by supplying support personnel and equipment in case of a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the Counties. 2. Duration. (a) This Agreement shall be effective as of September 1, 2024. As of said date, it shall terminate and supersede the terms of the Agreement for Northeast Iowa Response Group theretofore in effect. This Agreement shall be in full force and effect until and including August 30, 2034. (b) Any party to this Agreement may unilaterally terminate its involvement herein by delivery of written notice of termination by certified mail, return receipt requested, to Waterloo Fire Rescue, Attn: Fire Chief, 425 East Third Street, Waterloo, Iowa, 50703. Delivery shall be deemed to occur within three (3) business days of mailing. If notice is delivered on or before March 31 of a given year, it shall be effective to terminate such party's involvement herein as of Page 254 of 320 the June 30 immediately following, and if notice is delivered after March 31 then it shall be effective as of June 30 in the next year. The notice of termination shall not be effective if (i) the notice does not comply with this subparagraph or (ii) the terminating party fails to render payment in full for all of its obligations that are due under this Agreement before June 30. 3. Organization and Administration. (a) The Northeast Iowa Response Group (hereinafter "NIRG") is hereby organized to discharge public and essential governmental functions to provide for the public health, safety, and welfare as set forth more fully in this Agreement. NIRG is not a separate legal or administrative entity, but the patties shall work cooperatively on the basis set forth herein. (b) NIRG shall be governed by a joint Board consisting of one designated member representative and an alternate representative from each County and City. The designated member representatives (including alternates) shall serve for one (1) year or until a successor is designated. If a County fails to make a permanent designation, then the member representative from that County shall be the Chairperson of the County Board of Supervisors. Alternate representatives shall have voting rights when designated member representatives are unable to attend NIRG meetings. The Fire Chief of Waterloo Fire Rescue or his/her designee shall be the designated member representative of City. (c) The joint Board shall form an Executive Board consisting of a chairperson, a vice - chairperson, and a treasurer, each elected by a majority of the designated member representatives of each County in attendance at a meeting called for the purpose of electing the Executive Board. All parties shall be given written notice of said meeting at least ten (10) days in advance, with the time and place designated. The Executive Board shall have full power and authority to act on behalf of the jointBoard. 4. Operations. The response procedures for NIRG shall be governed by the definitions attached hereto as Exhibit "A" and the standard operating procedures attached hereto as Exhibit "B". The response team shall be composed exclusively of personnel so designated by the Chief of Waterloo Fire Rescue. 5. Financing. (a) NIRG members shall bear a share of the costs and expenses on an annual per capita basis as follows: The total expense allocation for NIRG shall be divided by the number of persons in the entire membership area to yield the per capita expense. Payment by each County shall be determined by the number of residents within said County multiplied by the per capita expense. (b) City shall provide trained personnel, maintenance and housing of equipment, and dispatching and information services for NIRG. City shall not be responsible for any other contribution or payment. 2 Page 255 of 320 (c) The Counties shall provide {through the per capita assessment described above) the equipment necessary for the efficient and safe operation of NIRG and their respective shares of the costs of maintenance of said equipment, joint training facility cost, training expenses, including but not limited to travel, overtime occasioned by hazardous materials response or training, tuition to hazardous material training seminars, medical surveillance costs, and food and lodging. The member Counties shall further provide for the costs of their respective share of liability insurance premiums, the required medical expenses and physicals undertaken, and any additional personnel benefits or expenses as a result of this Agreement. Any additional unforeseen personnel costs incurred as a result of a response or training pursuant to this Agreement shall be borne by the Counties. (d) City shall invoice the County that requested a response for all costs of the response. Payment is due upon receipt of the invoice and shall be paid within sixty (60) days of invoicing, or bear interest at the rate of 12% per annum until paid. Any and all costs incurred in responding to a hazardous substance emergency creating a hazardous condition or causing harm or threatening immediate harm within the County requesting said response shall be borne by the party responsible for said emergency. The County in which said response is made shall seek recovery of said costs from the legally responsible party. The County's duty to pay City under this subparagraph is not contingent on the County's collection of costs from the responsible party. Upon City's receipt of the County's payment in full, City will promptly assign to the County all of City's interest in any claim or cause of action that lies against any person or entity responsible for the emergency who may bear legal liability for response costs paid by the County. (e) The County requesting NIRG response services shall be responsible for all costs incurred by NIRG and City while responding to the request. Nothing in this Agreement shall preclude the requesting County or Counties from recovering costs of services from any person or entity who may be legally liable therefor. To assist the Counties in the recovery of costs, City agrees to comply with all state and federal reporting requirements, including but not limited to the reporting requirement of the Iowa Depaitiiient of Natural Resources, the Environmental Protection Agency, including the National Response Team, and any others designated by law. (f) Only liable individually named Counties shall indemnify and hold harmless City, its officers, officials, employees, agents, and consultants, from and against any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement or a response hereunder, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of the liable individually named Counties, anyone directly or indirectly employee! by them, or anyone for whose acts the individually named Counties may be liable, except to the extent caused by a party indemnified hereunder. Furthermore, the foregoing assumption of liability and indemnification shall apply to any liability of any type or character which may arise out of this Agreement and any response hereunder. (g) Each party to this Agreement shall have in full force and effect, within thirty (30) days of its execution of this Agreement, an ordinance placing the responsibility of the cost of 3 Page 256 of 320 cleanup of any hazardous substance incident or emergency on the party who is found to be legally responsible for said incident or emergency. (h) City, its officials and employees, shall not acquire any rights or benefits from any County hereunder by way of worker's compensation, nor any benefits under any County's personnel programs covering medical and hospital care, sick pay, vacation pay, or severance pay. City will be responsible for providing worker's compensation insurance or comparable coverage for the members of the response team regardless of where the response team is working. 6. Disposition of Property. Except as otherwise provided in this paragraph, upon the partial or complete termination of this Agreement ownership of all vehicles and/or equipment purchased for NIRG shall remain with City, to be utilized by the current Hazardous Material Response Team or for other fire suppression activities which shall be at the discretion of the Chief of Waterloo Fire Rescue. Any County that chooses to terminate its participation in this Agreement will forfeit all rights to equipment. If City chooses to terminate this Agreement, all equipment will be divided among the member Counties then participating in NIRG. 7. Miscellaneous. (a) Modification. No modification of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing and signed by all parties hereto. (b) Severability. 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 ofthis Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion ofthis Agreement is invalid or unenforceable as written, but that by limiting or removing such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be stricken, and shall be construed and enforced, as so limited. (c) Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. (d) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Recipients and their respective successors and legal representatives. Time is of the essence in the performance of this Agreement. 4 Page 257 of 320 IN WITNESS WHEREOF, the parties haveexecuted this Agreement for Northeast Iowa Response Group by their duly authorized representatives as of the date set forth below the signature of each party. CITY OF WATERLOO COUNTY OF: WINNESHIEK By: Quentin Hart, Mayor J By: Chairperson, : oard of Supervisors Attest: Attest: Dated: Kelly Felchle, City Clerk Dated: Cq"Z2`Z4 Page 258 of 320 EXHIBIT "A" Definitions For purposes of this Agreement, the following definitions shall apply: (a) "Hazardous condition" means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance which, because of the quantity, strength, and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate potential danger to the public health or safety of persons or property within the Counties at any of the following locations: (1) within the City of Waterloo; (2) within any other city in the Counties, including those which extend beyond the boundaries of the Counties; (3) within any other area within the boundaries of the Counties; or (4) onto land, into the water, or into the atmosphere within the state of Iowa, but outside of the Counties, which creates an immediate potential danger to the public health or safety ofpersons orpropeliy within the Counties. Hazardous condition includes any accident involving hazardous materials required to be reported under Section 321.266(4) of the Code of Iowa. (b) "Hazardous substance" means any substance or mixture of substances that presents a danger to the public health or safety or environment and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant, or that, in confinement, generates pressure through decomposition, heat, or other means. The following are examples of substances which, in sufficient quantity, may be hazardous: acids; alkalis; explosives; fertilizers; heavy metals such as chromium, arsenic, mercury, lead and cadmium; industrial chemicals; paint thinners; paints; pesticides; petroleum products; poisons; radioactive materials; sludge; and organic solvents. "Hazardous substance" includes any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act of 1976 as amended, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, or any hazardous substance listed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Page 259 of 320 (e) "Responsible person" means the person, whether the owner, agent, lessor or tenant, in charge or the hazardous substance being stored, processed or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spill would cause danger to the public or to any person or to the environment. 2 Page 260 of 320 EXHIBIT "B" Standard Operating Procedures for Response to Hazardous Material Incidents in NIRG Area Given that multiple entities are parties to the Agreement, the incidence of Haz-Mat alarms is likely to increase. With that increase in alarms, the possibility of simultaneous hazardous material spills becomes greater. In order to guide decision making by the Waterloo Fire Rescue officer in charge at a Haz-Mat incident should two or more such alarms occur at the same time, the following procedures are to be followed: If, while conducting response activities at a hazardous condition, an additional report of a hazardous condition requiring response by the Waterloo Fire Rescue Hazardous Materials Team is received, the Chief of Waterloo Fire Rescue or his/her designee shall make the determination based on predeterruined criteria as to whether a disengagement of the Waterloo response personnel and/or equipment is necessary to mitigate the subsequent incident. When disengagement is deemed necessary, it shall be accomplished as rapidly as persomnel andpublic safety allow. For the purpose of making such determination, a hazardous condition shall be categorized in accordance with the following three levels: LEVEL ONE: An incident of such a nature or scope that it can be safely mitigated by initial response apparatus and personnel from the local responding fire department or district. Each fire department or district shall have proper equipment and have proper training to mitigatea Level One incident. The responding officer in charge shall determine when assistance is needed from the Haz-Mat team. Level One incidents are those that are generally smaller in size, require no evacuation beyond initial scene isolation and require minimal, if any, assistance from additional departments or agencies. Level One emergencies would, additionally, be those resulting from the release of: 40 gallons or less of common hydrocarbon liquids (gasoline, diesel fuel, fuel oil), low pressure natural gas or LP gas from fuel lines smaller than two inches in diameter, or less than 5 gallons of other flammable or combustible liquids, pesticides or corrosives that are easily containable and not posing an immediate exposure risk to the public, response personnel, property or environment. - Establish response levels. - L1 - First units must be first responder/operations. - Must yearly update training. LEVEL TWO: An incident of such a nature or scope that a limited evacuation of areas beyond the immediate incident location is indicated, or response resources in addition to initially responding personnel and apparatus are needed. Level Two incidents would require assistance from other departments or agencies not initially responding, such as public works, health, road maintenance, Iowa Department of Transportation, or Iowa Department of Natural Resources. Level Two incidents would additionally be those releases of hazardous Page 261 of 320 .............. substances not easily containable and posing an immediate exposure risk to the public, response personnel, property or environment in the immediate vicinity of the release. LEVEL THREE: An incident of such a nature or scope that evacuation of large areas is indicated andlor there exists an immediate, or potentially immediate, exposure risk to large segments of the public and response sector and property or the environment. Level Three incidents would likely result from release of large quantities of hazardous substances or moderately sized releases of exceptionally hazardous substances. - EMS and NFPA 473 (as agoal) Incident Handling and Jurisdiction If, while conducting response activities at a hazardous condition, an incident with a higher level of classification occurs, Waterloo Fire Rescue personnel shall be disengaged from the incident of lesser classification as soon as safely possible as detetwwtined by the Waterloo Fire Chief or his/her designee in order to respond to the incident of higher classification. When determining incident classification levels, those hazardous conditions occurring in densely populated areas or threatening extensive impact on water supplies, or which may have long-term effect, shall be given higher priority than those occurring in areas of lesser population. If, while conducting response activities at a hazardous condition, an incident of similar classification occurs, the Waterloo Fire Chief or his/her designee shall send an appropriate representative to the scene of the subsequent incident for the purpose of recommending mitigation and safety measures until such time as the Waterloo Fire Rescue personnel may respond. Personnel from the fire department or district having jurisdiction shall be dispatched at the receipt of a report of a hazardous condition for the purpose of establishing scene control and command. The chief or his/her designee of the fire department or district having jurisdiction shall function as incident commander. The Chief of Waterloo Fire Rescue or his/her designee shall have supervisory control over Waterloo Fire Rescue personnel and the use of equipment involved in a response. Waterloo Fire Rescue personnel dispatched, in addition to those of the fire depatlment or district having jurisdiction, shall function in an advisory andlor assisting role to the incident commander. Page 262 of 320 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with AECOM Technical Services, of Waterloo, Iowa, in the amount of $1,732,900.00 for inspections, in conjunction with the FY 2024 La Porte Road Improvements, IDOT Agreement No. HDP-8155(787)--71-07, Contract No. 1016, and authorizing the Mayor and City Clerk to execute said document. 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 263 of 320 1. SA1 La Porte Road Reconstruction Page 264 of 320 Contract No. Owner Project No. Iowa DOT Project No. HDP-8155(787)-71-07 Standard Consultant Contract Supplemental Agreement 1 For Local Public Agency Consultant Contracts with Federal -aid Participation This AGREEMENT, made as of the date of the last party's signature below, is by and BETWEEN City of Waterloo, the Owner, located at: 715 Mulberry Street Waterloo, Iowa 50703 Phone: (319) 291-4312 FAX: (319) 291-4262 and AECOM Technical Services, Inc., the Consultant, located at: 501 Sycamore Street, Suite 222 Waterloo, Iowa 50703 Phone: (319) 232-6531 FAX: (319) 232-0271 For the following Project: La Porte Road Reconstruction Project. The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of Transportation (when applicable). The Owner desires to employ the Consultant to provide Phase I Construction Engineering services to assist with the development and completion of the Project. The Consultant is willing to perform engineering services in accordance with the terms of this Agreement. Page 1 of 20 Page 265 of 320 TABLE OF CONTENTS Article Number And Description 1 Initial Information 1.1 Referenced Agreement/Supplemental Agreement No. 1 1.2 Project Parameters 1.3 Financial Parameters 1.4 Project Team 1.5 Time Parameters Attachment A — Scope of Services Attachment C-1 — Cost Analysis Worksheet Page 2 of 20 Page 266 of 320 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Referenced Agreement/Supplemental Agreement No. 1 This Supplemental Agreement No. 1 is part of the Standard Consultant Agreement for the La Porte Road Reconstruction Project between AECOM Technical Services, Inc. (hereinafter referred to as the "Consultant") and the City of Waterloo (hereinafter referred to as the "Client"). All terms and conditions of the original agreement shall remain in effect for work associated with this Supplemental Agreement, unless specifically noted in a new agreement. The Consultant shall be reimbursed for the actual costs incurred in accordance with Article 3 of the original agreement. The Estimated Actual Costs, Fixed Fee, Contingency and Maximum Amount Payable for this supplemental agreement is One Million Seven Hundred Thirty -Two Thousand Nine Hundred Dollars ($1,732,900.00), as shown in Article 1.3 and Attachments C and C-1, and shall be segregated from the fees in the original agreement. 1.2 Project Parameters The objective or use is: Provide Phase I Construction -Related Services (775) to assist with the completion of the project. The project consists of the construction of La Porte Road — Phase I, from Shaulis Road to Bopp Street, a distance of approximately 1.5 miles. The project will include grading, paving, box culvert extensions and modifications, landscaping, enhancements, sanitary and storm sewer, fiber, lighting and traffic signalization. This project will allow for portions of La Porte Road to be closed to traffic for construction with traffic control staging and detour routing. 1.3 Financial Parameters 1.3.1 Amount of the Owner's budget for the Consultant's compensation is: Division IV (RAISE and Local Funding) $1,673,600.00 Division V (Local Funding) $ 59,300.00 Total $1,732,900.00 1.3.2 Amount of the Consultant's budget for the subconsultants' compensation is: Division IV $ 119,300.00 Total $ 119,300.00 1.4 Project Team 1.4.1 The Owner's Designated Representative, identified as the Contract Administrator is: Mr. Jamie Knutson, PE, City Engineer The Contract Administrator is the authorized representative, acting as liaison officer for the Owner for purpose of coordinating and administering the work under the Agreement. The work under this Agreement shall at all times be subject to the general supervision and direction of the Contract Administrator and shall be subject to the Contract Administrator's approval. 1.4.2 The Consultant's Designated Representative is: Ms. Michelle Sweeney, PE, PTOE, Project Manager Page 3 of 20 Page 267 of 320 1.4.3 The subconsultants retained at the Consultant's expense are identified in the following table: Subconsultant Amount Authorized Maximum Amount Payable Method of Payment Division IV HR Green $ 6,600.00 $ 7,200.00 CPFF Terracon $ 14,600.00 $ 15,900.00 CPFF Robinson Engineering $ 77,900.00 $ 84,900.00 CPFF RITLAND+KUIPER L.A. $ 10,300.00 $ 11,300.00 Unit Rate Total $109,400.00 $119,300.00 1.5 Time Parameters 1.5.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.5.2 Milestones for completion of the work under this Agreement as follows: 1. Completion of all work under this agreement shall be on or before 12/30/2029 unless extended by written approval of the Contract Administrator or adjusted by supplemental agreement. Page 4 of 20 Page 268 of 320 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below. AECOM Technical Services, Inc. By _ ,!. 404,61 Douglas W. Schindel, PE Vice President ATTEST: By 1(1 Kimberley Smith City of Waterloo By Quentin Hart Mayor Date: August 8, 2024 Date: August 8, 2024 Date: IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization* By Date: Name Title * The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Page 5 of 20 Page 269 of 320 ATTACHMENT A Scope of Services LA PORTE ROAD RECONSTRUCTION PROJECT CITY OF WATERLOO, IOWA CONSTRUCTION -RELATED SERVICES LA PORTE ROAD PHASE I — SHAULIS ROAD TO BOPP STREET SUPPLEMENTAL AGREEMENT NO. 1 I. PROJECT DESCRIPTION The project consists of the construction of La Porte Road — Phase I, from Shaulis Road to Bopp Street, a distance of approximately 1.5 miles. The project will include grading, paving, box culvert extensions and modifications, landscaping, enhancements, sanitary and storm sewer, fiber, lighting and traffic signalization. This project will allow for portions of La Porte Road to be closed to traffic for construction with traffic control staging and detour routing. II. SCOPE OF SERVICES La Porte Road Phase I Project Division IV— Construction -Related Services (RAISE Grant and Local Funding) The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide construction staking, field review, materials testing and contract administration during the construction phase for the project defined above. The Scope of Services is further defined as follows: Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant, subconsultants, FHWA, Iowa DOT and affected utilities. Task 2. Provide construction staking for horizontal and vertical controls for the project as follows: a. Set Project Control b. Set Stakes for Erosion Control c. Grading (GPS) d. Set Stakes for Storm Sewer e. Set Stakes for Sanitary Sewer f. Set Stakes for Paving g. Set Stakes for Trail Paving h. Set Stakes for Sidewalks Set Stakes for Lighting j. Set Stakes for Traffic Signals (RRFB) k. Set Stakes for Type A Signs Set Stakes for Landscaping m. Set Stakes for Right -of -Way and Easements n. Set Stakes for Box Culvert Extensions o. Set Stakes for Utility Coordination Task 3. Review shop drawings and other submittals uploaded to DocExpress as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. (Robinson Engineering, RITLAND+KUIPER Landscape Architects and HR Green Inc. will assist with review of shop drawings as needed.) Page 6 of 20 Page 270 of 320 Task 4. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. (Robinson Engineering, RITLAND+KUIPER Landscape Architects and HR Green Inc. will assist with answering design interpretation questions as needed.) Task 5. Prepare bi-weekly applications and upload to DocExpress for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 6. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 7. Prepare and assist the Client and Contractor in processing contract change orders. Task 8. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. The project completion date is anticipated to be completed by November 2026. (Robinson Engineering will assist with periodic field observations as needed. Terracon Consultants will assist with an estimated 10 plant monitorings, 60 gradations, and 5 proctors.) Task 9. Provide weekly SWPPP reviews along with City of Waterloo and contractor personnel, as required by Iowa DNR and City of Waterloo. (Robinson Engineering will provide weekly SWPPP reviews.) Task 10. 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. Task 11. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 12. Facilitate weekly construction progress meetings of project and complete minutes for each meeting. Task 13. Prepare weekly email updates for distribution to City of Waterloo staff, citizens and other interested parties of the project's progress. Maintain updates as needed for media outlets. Provide information for the City of Waterloo to post on the City's website and maintain Facebook page for the La Porte Road Project. Also includes preparation of traffic maps/detour maps, individual maps for business owners, additional stakeholder meetings (a total of ten meetings are anticipated) and construction update reports to City Council work sessions (a total of three presentations are anticipated). Task 14. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 15. Participate in a field observation of the completed project with the Client, Iowa DOT, FHWA and review staff before a final application for payment is processed for the Contractor. Task 16. Maintain files for correspondence, Davis Bacon and Build America, Buy America requirements, 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. Task 17. 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. Task 18. Prepare and assist the Client with the final close-out documentation received from the Contractor. This project will use DocExpress for document management during construction. Final Review with Iowa DOT is anticipated to be completed based on the Iowa DDT's Project Review and Close-out Checklist for Local Public Agency Projects. Close-out documents will be uploaded to DocExpress in electronic format to Page 7 of 20 Page 271 of 320 the Client and include the following: shop drawings, materials certifications, pay estimates, change orders, daily inspection reports, pay quantity summary and record drawings. This task includes correspondence through the Iowa DOT audit. Division V— Construction -Related Services for Fiber (Local Funding) The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide construction staking, field review, materials testing and contract administration during the construction phase for the fiber included with the project defined above. The Scope of Services is further defined as follows: Task 19. Provide construction staking for horizontal and vertical controls for the project as follows: a. Set Stakes for Fiber Task 20. Review shop drawings and other submittals uploaded to DocExpress as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 21. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 22. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 23. Prepare and assist the Client and Contractor in processing contract change orders. Task 24. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Task 25. 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. Page 8 of 20 Page 272 of 320 ATTACHMENT C (referenced from 3.1) Cost Plus Fixed Fee 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation of all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees in the amount of the Consultant's actual cost plus applicable fixed fee amount. The Consultant's actual costs shall include payments to any subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in Attachment C-1. Subconsultant costs are not available for use by the prime Consultant or other subconsultants. A contingency amount has been established to provide for actual costs that exceed those estimated. Estimated Actual Costs (Prime Only) Fixed Fee (Prime Only) Contingency (Prime Only) Total Prime Consultant Costs Subconsultant Division IV HR Green Terracon Robinson Engineering RITLAND+KUIPER L.A. Total Subconsultant Costs (Division IV) Total Amount Authorized Division IV Division V Total Division IV $1,269,100.00 $158,300.00 $126,900.00 $1,554,300.00 Amount Authorized $6,600.00 $14,600.00 $77,900.00 $10,300.00 $109,400.00 $1,536,800.00 $54,400.00 $1,591,200.00 Maximum Amount Payable (Includes Contingency) Division IV Division V Total $1,673,600.00 $59,300.00 $1,732,900.00 Division V Total $48,700.00 $5,700.00 $4,900.00 $59,300.00 $1,317,800.00 $164,000.00 $131,800.00 $1,613,600.00 Contingency Maximum Amount Payable $600.00 $1,300.00 $7,000.00 $1,000.00 $9,900.00 $7,200.00 $15,900.00 $84,900.00 $11,300.00 $119,300.00 The nature of engineering services is such that actual costs are not completely determinate. Therefore, the Consultant shall establish a procedure for comparing the actual costs incurred during the performance of the work to the estimated actual costs listed above. The procedure will itemize prime consultant and subconsultant costs in association with each scoped task. The purpose is to monitor these two elements and thus provide for early identification of any potential for the actual costs exceeding the estimated actual costs. The procedure shall be used in a way that will allow enough lead time to execute the paragraphs below without interrupting the work schedule. Therefore once the accrued labor costs for a scoped task reach 85% of the estimated value for the prime or subconsultant, then the Consultant shall notify the Owner in writing. It is possible that the Consultant's costs for the scoped tasks may need to exceed those shown in Attachment C-1. The Consultant's and subconsultants' costs for scoped tasks shall not be exceeded without prior written authorization from the Contract Administrator and concurrence from the Iowa DOT. Page 9 of 20 Page 273 of 320 Costs for scoped tasks that exceed estimated costs, if approved by the Contract Administrator, may be compensated via Supplemental Agreement, Work Order, Amendment, or Contingency as detailed in the paragraphs below. If the Consultant exceeds the estimated costs for scoped tasks for any reason (other than that covered in Section 3.1.1.2) before the Contract Administrator is notified in writing, the Owner will have the right, at its discretion, to deny compensation for that amount. The fixed fee amount will not be changed unless there is a substantial reduction or increase in scope, character, or complexity of the services covered by this Agreement or the time schedule is changed by the Owner. The adjustment to fixed fee will consider both cumulative and aggregate changes in scope, character, or complexity of the services. Any change in the fixed fee amount will be made by a Supplemental Agreement, Work Order, or Amendment. If a contingency amount has been established and at any time during the work the Consultant determines that its actual costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. The Consultant shall not exceed the estimated actual costs without the prior written approval of the Contract Administrator and concurrence of the Iowa DOT. The Owner or Iowa DOT may audit the Consultant's cost records prior to authorizing the use of a contingency amount. The maximum amount payable will not be changed except for a change in the scope. Changes due to an overhead adjustment are identified in Section 3.1.1.2. If at any time it is determined that a maximum amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract Administrator in writing. The maximum amount payable shall be changed by a Supplemental Agreement, Work Order, or Amendment or this Agreement will be terminated as identified in Article 4.12.3. The Owner may audit the Consultant's cost records prior to making a decision whether or not to increase the maximum amount payable. 3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which are attributable to the specific work covered by this Agreement and allowable under the provisions of the Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulations Systems, Subchapter E., Part 30 (when applicable), and Part 31, Section 31.105 and Subpart 31.2. In addition to Title 48 requirements, for meals to be eligible for reimbursement, an overnight stay will be required. The Title 48 requirements include the following: 1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and salaries of principals for time they are productively engaged in work necessary to fulfill the terms of the Agreement. 2. Direct non -salary costs incurred in fulfilling the terms of this Agreement. The Consultant will be required to submit a detailed listing of direct non -salary costs incurred and certify that such costs are not included in overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges and materials and supplies. 3. The indirect costs (salary related expenses and general overhead costs) to the extent that they are properly allowable to the work covered by this Agreement. The Consultant has submitted to the Owner the following indirect costs as percentages of direct salary costs to be used provisionally for progress payments for work accomplished during the Consultant's current fiscal year: General overhead costs are 125.50% of direct salary costs. Use of updated overhead percentage rates shall be requested by the Consultant after the close of each fiscal year and the updated overhead rate shall be used to update previous year invoices and subsequent years as a provisional rate for invoicing in order to more accurately reflect the cost of work during the previous and subsequent years. Any actual fiscal year or fiscal year's audited or unaudited indirect costs rates known by the Consultant shall be used in computing the final invoice statement. All unverified overhead rates shall have a schedule of computation supporting the proposed rate attached to the final bill. Prior to final payment for work completed under this Agreement all indirect cost rates shall be audited Page 10 of 20 Page 274 of 320 and adjusted to actual rates through the most recently completed fiscal year during which the work was actually accomplished. In the event that the work is completed in the current fiscal year, audited indirect cost rates for the most recently completed fiscal year may be applied also to work accomplished in the current fiscal year. If these new rates cause the actual costs to be exceeded, the contingency amount will be used. 3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) will not be allowed without written authorization from the Contract Administrator. If allowed, premium overtime pay shall not shall not exceed 2 percent of the total direct salary cost without written authorization from the Contract Administrator. 3.1.1.4 Payments. Monthly payments shall be made based on the work completed and substantiated by monthly progress reports. The report shall indicate the direct and indirect costs associated with the work completed during the month. The Contract Administrator will check such progress reports and payment will be made for the direct non -salary costs and salary and indirect costs during said month, plus a portion of the fixed fee. Fixed fee will be calculated and progressively invoiced based on actual costs incurred for the current billing cycle. Each invoice shall be accompanied with a monthly progress report which details the tasks invoiced, estimated tasks to be billed on the next invoice, and any other contract tracking information. Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by the Contract Administrator. Upon delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and amounts earned. Payment of 100% of the total cost claimed, inclusive of retainage, if applicable, will be made upon receipt and review of such claim. Final audit will determine correctness of all invoiced costs and final payment will be based upon this audit. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 11 of 20 Page 275 of 320 Attachment C-1 La Porte Road Reconstruction Construction Related Services - Phase 1 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 COST ANALYSIS - DIVISION IV I. Direct Labor Cost (AECOM Technical Services) Category Hours Rate/Hour Amount 1.0 Senior Professional 0 $103.65 $0.00 2.3 Project Professional 138 $84.92 $11,718.96 3.2 Staff Professional 40 $61.18 $2,447.20 3.0 Staff Professional 222 $58.20 $12,920.40 4.1 Professional 1,470 $44.79 $65,841.30 4.3 Professional 280 $41.35 $11,578.00 4.0 Professional 142 $36.60 $5,197.20 5.0 CADD Operator II 0 $39.35 $0.00 6.3 CADD Operator I 0 $24.00 $0.00 7.1 Senior Technician 4,350 $50.00 $217,500.00 8.0 Technician 5,356 $33.30 $178,354.80 9.0 Project Support 940 $36.62 $34,422.80 $539,980.66 12938 II. Payroll Burden and Overhead Provisional Costs 125.50% $677,675.73 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 35000 0.67 23,450.00 Per Diem 0 60.00 0.00 Lodging 0 110.00 0.00 B/W Copies 5000 0.06 300.00 Color Copies 10000 0.22 2,200.00 EDM Equipment 1000 15.00 15,000.00 GPS Equipment 500 15.00 7,500.00 Miscellaneous, Other 3,000.00 IV. AECOM Estimated Actual Costs V. Fixed Fee (13%) VI. Prime Consultant Authorized Costs VII. Authorized Subcontract Expense HR Green Terracon Robinson Engineering RITLAND+KUIPER $51,450.00 $1,269,106.39 Rounded $1,269,100.00 $158,295.33 Rounded $158,300.00 $6,600.00 $14,600.00 $77,900.00 $10,300.00 $1,427,400.00 $109,400.00 VIII. Authorized Budget $1,536,800.00 IX. Contingency (10%) $126,910.00 (AECOM) $126,900.00 Rounded AECOM $126,900.00 HR Green $600.00 Terracon $1,300.00 Robinson Engineering $7,000.00 RITLAND+KUIPER $1,000.00 $136, 800.00 X. Maximum Amount Payable $1,673,600.00 Page 12 of 20 Page 276 of 320 Attachment C-1 La Porte Road Reconstruction Construction Related Services - Phase 1 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 COST ANALYSIS - DIVISION V I. Direct Labor Cost (AECOM Technical Services) Category Hours Rate/Hour Amount 1.0 Senior Professional 0 $103.65 $0.00 2.3 Project Professional 0 $84.92 $0.00 3.2 Staff Professional 20 $61.18 $1,223.60 3.0 Staff Professional 24 $58.20 $1,396.80 4.1 Professional 50 $44.79 $2,239.50 4.3 Professional 0 $41.35 $0.00 4.0 Professional 8 $36.60 $292.80 5.0 CADD Operator II 0 $39.35 $0.00 6.3 CADD Operator I 0 $24.00 $0.00 7.1 Senior Technician 10 $50.00 $500.00 8.0 Technician 404 $33.30 $13,453.20 9.0 Project Support 12 $36.62 $439.44 $19,545.34 528 II. Payroll Burden and Overhead Provisional Costs 125.50% $24,529.40 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 1000 0.67 670.00 Per Diem 0 60.00 0.00 Lodging 0 110.00 0.00 B/W Copies 1000 0.06 60.00 Color Copies 1000 0.22 220.00 EDM Equipment 140 15.00 2,100.00 GPS Equipment 40 15.00 600.00 Miscellaneous, Other 1,000.00 IV. AECOM Estimated Actual Costs V. Fixed Fee (13%) VI. Prime Consultant Authorized Costs VII. Authorized Subcontract Expense VIII. Authorized Budget Rounded IX. Contingency (10%) $4,870.00 (AECOM) $4,900.00 Rounded $4,650.00 $48,724.74 $48,700.00 $5,729.72 Rounded $5,700.00 $54,400.00 AECOM $4,900.00 $0.00 $54,400.00 $4,900.00 X. Maximum Amount Payable $59,300.00 Page 13 of 20 Page 277 of 320 La Porte Road Reconstruction Construction Related Services- Phase 1 City of Waterloo AECOM Technical Services, Inc. Staff Hour Estimate Description of Work 1.0 Senior Prof 2.3 Project Prof 3.2 Staff Prof 3.0 Staff Prof 4.1 Prof 4.3 Prof 4.0 Prof 5.0 CADD Op II 6.3 CADD Op I 7.1 Senior Technician 8.0 Technician 9.0 Project Support Total DIVISION IV- (RAISE and Local Funding) i ... momillimi. ,rrrIIIIIMa Porte Road Phase IV Construction Related Se 1 Conduct Pre -Construction Conference 2 Construction Staking i • ® 2 222 - 10 II 2 2,176 8 22 2,438 3 Review Shop Drawings 72 20 72 164 4 Answer Design Questions 8 110 40 158 5 Prepare Pay Applications 60 100 160 6 Construction Site Visits- Design Personnel 250 80 330 7 Prepare Contract Change Orders 66 50 50 40 206 8 Field Observation 3,800 3,100 80 6,980 9 SWPPP Reviews 80 80 10 Reports to Client 24 180 80 284 11 Consider Contractor Modifications 200 50 250 12 Weekly Progress Meetings 40 150 150 340 13 Public Information Distribution including weekly updates 40 180 40 60 80 400 14 Field Review Near Project Completion 8 24 32 15 Final Project Field Review 8 8 24 40 16 File Administration 40 350 390 17 Record Drawings 16 32 90 138 18 Prepare Final Close Out Documentation 16 120 160 80 150 526 12,938 DIVISION IV -(RAISE and Local Funding) -Total - - 940 DIVISION V - (Local Funding) Construction -Related Services for Fiber (®cel Fundin 19 Construction Staking 20 24 304 348 20 Review Shop Drawings 8 8 16 21 Answer Design Questions 10 10 22 Construction Site Visits- Design Personnel 24 24 23 Prepare Contract Change Orders 4 4 8 24 Field Observation 100 100 25 Record Drawings 4 8 10 22 eill111113111111111111r404 IIIIIIIIIIIIII DIVISION V- (Local Funding) -Total 91111111111111r211111111r0 8 TOTAL HOURS 0 138 60 246 1,520 280 150 0 0 4,360 5,760 952 13,466 Page 14 of 20 Page 278 of 320 La Porte Road Reconstruction Construction Related Services - Phase 1 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 COST ANALYSIS - HR Green - DIVISION IV I. Direct Labor Cost (HR Green) Category Hours Rate/Hour Amount Lighting Engineer 12 $78.85 $946.20 Structural Engineer 20 $55.71 $1,114.20 $2,060.40 32 II. Payroll Burden and Overhead Provisional Costs 184.60% $3,803.50 III. Direct Project Expenses Category Units Rate/Unit Amount Equipment Rental 0 110 0.00 $0.00 IV. Estimated Actual Costs $5,863.90 Rounded $5,900.00 V. Fixed Fee (12%) $703.67 Rounded $700.00 VI. Subconsultant Authorized Amount $6,600.00 VII. Contingency (10%) $590.00 Rounded $600.00 VIII. Maximum Amount Payable $7,200.00 Page 15 of 20 Page 279 of 320 La Porte Road Reconstruction Construction Related Services - Phase 1 City of Waterloo HR Green Staff Hour Estimate Description of Work DIVISION IV - (RAISE and Local Funding) La Porte Road Phase 1 Construction Related Services 3 Review Shop Drawings Lighting Engineer Brown Structural Engineer Connor 10 4 Answer Design Questions 2 18 Total 28 2 4 TOTAL HOURS 12 20 32 Page 16 of 20 Page 280 of 320 La Porte Road Reconstruction Construction Related Services - Phase 1 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 COST ANALYSIS - Terracon - DIVISION IV I. Direct Labor Cost (Terracon) Category Hours Rate/Hour Amount Technician II Average 105 $21.11 $2,216.55 Technician I Average 1 $20.68 $20.68 Project Manager - 001334 45 $33.75 $1,518.75 Senior Administrative Staff - 007968 18 $24.50 $441.00 Department Manager I - 002488 2 $43.37 $86.74 $4,283.72 171 II. Payroll Burden and Overhead Provisional Costs 200.86% $8,604.28 FCCM (%) 1.53% $65.54 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 200 0.67 134.00 $134.00 IV. Estimated Actual Costs $13,087.54 Rounded $13,100.00 V. Fixed Fee (12%) $1,546.56 FCCM ($65.54) Fixed Fee Less FCCM $1,481.02 Rounded $1,500.00 VI. Subconsultant Authorized Amount $14,600.00 VII. Contingency (10%) $1,310.00 Rounded $1,300.00 VIII. Maximum Amount Payable $15,900.00 Page 17 of 20 Page 281 of 320 La Porte Road Reconstruction Construction Related Services - Phase 1 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 COST ANALYSIS - Robinson Engineering Company - DIVISION IV I. Direct Labor Cost (Robinson Engineering Company) Category Hours Rate/Hour Amount Principal 0 $40.00 $0.00 Engineer 538 $40.00 $21,520.00 $21,520.00 538 II. Payroll Burden and Overhead Provisional Costs 223.22% $48,036.94 III. Direct Project Expenses Category Units Rate/Unit Amount 0.00 $0.00 IV. Estimated Actual Costs $69,556.94 Rounded $69,600.00 V. Fixed Fee (12%) $8,346.83 Rounded $8,300.00 VI. Subconsultant Authorized Amount $77,900.00 VII. Contingency (10%) $6,960.00 Rounded $7,000.00 VIII. Maximum Amount Payable $84,900.00 Page 18 of 20 Page 282 of 320 La Porte Road Reconstruction Construction Related Services - Phase 1 City of Waterloo Robinson Engineering Company Staff Hour Estimate Description of Work Principal Engineer Total DIVISION IV - (RAISE and Local Funding) La Porte Road Phase 1 Construction Related Services 1 Pre -Construction Conference 8 8 8 Field Observation 208 208 9 SWPPP Reviews 322 322 DIVISION IV - (RAISE and Local Funding) - Total 0411111.538 538 TOTAL HOURS 538 538 Page 19 of 20 Page 283 of 320 La Porte Road Reconstruction Construction Related Services - Phase 1 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 Cost Analysis - RITLAND+KUIPER Landscape Architects - DIVISION IV Task No. Description of Work Senior LA 1 Senior LA 2 Landscape Architect Total DIVISION IV - (RAISE and Local Funding) La Porte Road Phase 1 Construction Related Services 3 Review Shop Drawings 12 12 4 Answer Design Questions 42 _ 42 6 Construction Site Visits - Design Personnel 8 _ 8 12 Weekly Progress Meetings 8 _ 8 14 Field Review Near Project Completion 8 _ 8 15 Final Project Field Review 4 4 DIVISION IV - (RAISE and Local Funding) - Total TOTAL HOURS 0 82 0 82 Hourly Rate Direct Labor Amount Estimated Expenses Direct Expense Costs Estimated Actual Costs Subconsultant Authorized Amount Contingency (10%) - Rounded Maximum Amount Payable (Rounded) $125.00 $0.00 $0.00 Rounded $125.00 $10,250.00 $75.00 $0.00 $10,250.00 $0.00 $10,250.00 $10,300.00 $1,000.00 $11,300.00 Page 20 of 20 Page 284 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving a Right -of -Way License Agreement with La Porte City Telephone Company, of La Porte City, Iowa, for the placement of utilities within City right-of-way, and authorizing the Mayor and City Clerk to execute said document. 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. Laporte City Telephone Company Right of Way License Agreement Form Page 285 of 320 Page 286 of 320 RIGHT-OF-WAY LICENSE AGREEMENT SECTION 1. DEFINITIONS a. "City" shall mean the City of Waterloo, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Licensee" shall mean La Porte City Telephone Company or any of its designated subsidiaries. c. "Network Segment" shall mean the communications system laid or to be laid, constructed, installed, repaired, maintained, and operated by Licensee within the corporate limits of the City of Waterloo as contemplated by this Agreement and shall include all equipment owned, operated, leased or subleased in connection with the operation of the Network Segment, including but not be limited to poles, pedestals, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, and other structures, facilities or appurtenances. As of the date of this Agreement, the initial Network Segment route is generally depicted on Exhibit "A" attached hereto, and the parties agree that, for purposes of this Agreement, the initial Network Segment route consists of 8763 ft. d. "Public Improvements" shall mean any improvements as defined in Code of Iowa Section 26.2, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto, and in addition public utilities, on Public Property. e. "Public Property" shall mean City -owned or controlled public rights -of -way, easements, bridges, squares or commons. SECTION 2. BASIC GRANT; RESTRICTED USE a. Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a Network Segment in, under, upon, along and across the Public Property shown and identified in Exhibit "A" hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. This Agreement creates no rights to expand the Network Segment or to create or install a new network segment, except on the terms provided in this Agreement. SECTION 3. TERM OF AGREEMENT a. This Agreement and the rights conferred hereunder shall commence on 9.11.2024, 20 (the "Effective Date"), and shall continue for such period of time as Licensee, or its successors and assigns, operate the Network Segment. Page 287 of 320 SECTION 4. FEES REQUIRED a. Licensee shall pay an administrative fee (the "Administrative Fee") in the amount of ($0.10 for each linear foot) of Network Segment facilities that Licensee places or causes to be placed in, over, under or across Public Property, subject to a minimum fee of $600.00. Licensee agrees that the Administrative Fee is the City's estimate of the administrative burdens imposed on the City in connection with Licensee's application and its occupancy of Public Property, and Licensee agrees that it will not take any action, nor voluntarily provide support to any third -party action, to challenge the validity or reasonableness of such fee under applicable law. The Administrative Fee shall be payable upon execution and delivery of this Agreement, or any future amendment or addendum hereto. In addition to the Administrative Fee, Licensee shall pay permit fees and such other regulatory fees as may be required by applicable ordinance. An Administrative Fee calculated in the manner described above shall be payable in connection with each separate application filed by Licensee to extend or expand the Network Segment, at the time such application is filed. b. In each successive year during the term of this Agreement, Licensee shall pay an annual management fee (the "Management Fee") equal to ($.015 for each linear foot) of Network Segment facilities that Licensee places or causes to be placed in, over, under or across Public Property, subject to a minimum fee of $50.00. Licensee agrees that the Management Fee is the City's estimate of the right-of-way management costs imposed on the City in connection with Licensee's occupancy of, and activities in and upon, Public Property, and Licensee agrees that it will not take any action, nor voluntarily provide support to any third -party action, to challenge the validity or reasonableness of such fee under applicable law. City retains the right to modify or adjust the Management Fee linear -foot charge at any time to ensure that the City is properly reimbursed for its right-of-way management costs. The Management Fee shall be payable annually, based on the linear footage of the Network Segment facilities existing at December 31 of a given year, no later than January 15 of the following year. In addition to the Management Fee, Licensee, or its contractors or agents, shall pay excavation permit fees and such other regulatory fees as may be required by applicable ordinance. SECTION 5. ADDITIONAL LICENSING PROCESS a. Before commencing any extension or expansion of its Network Segment, or any major repair work, or the installation of any new Network Segment in the City, the Licensee shall file with the City Engineer's Office a written statement (a "License Request") verifying the Public Property under which or upon which it proposes to extend, expand, install or repair its Network Segment. Work other than repair or replacement of existing Network Segment facilities shall require the further grant of a license for use of Public Property. The License Request shall be accompanied by a map, plan or specifications showing the proposed location of the Network Segment components with reference to streets and alleys and the location of other utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. b. If the proposed locations of any Network Segment facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any Public Improvements or any existing public utility system component, or other structure upon or under Public Property, the City Engineer shall within 30 days after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a Public 2 Page 288 of 320 Improvement or existing public utility system facility and refer the same back to the Licensee for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the City Engineer's Office, and after the approval of the same by the City Engineer and the posting of a bond required under applicable law or ordinance regulating work in or upon Public Property, if such is not waived by the City, the License Request shall be approved so that the Licensee may proceed in accordance with the approved maps, plans or specifications. c. Approval of a License Request does not constitute any statement, representation, or assurance by City as to the presence or location of any privately maintained facilities, equipment or infrastructure. No such excavation, construction or erection shall be commenced before approval of the License Request, unless it is an emergency as determined by Licensee in good faith, and all work shall be in accordance with the approved maps, plans or specifications. If Licensee extends or expands its Network Segment without following the License Request process prescribed by this Section, the Administrative Fee and the fee minimum shall double, and Licensee shall be liable for any Management Fees that it failed to timely pay, plus interest thereon at 12% per annum, compounded monthly. d. Each expansion or extension of the Network Segment for which a License Request is approved, and the plans, maps, and specifications therefor, shall be deemed incorporated into this Agreement by reference as an addendum hereto. All of Licensee's activities in relation to said expanded or extended Network Segment shall be subject to the terms of this Agreement. SECTION 6. CONSTRUCTION AND REPAIR OF FACILITIES a. In the process of location, construction, reconstruction, replacement, or repair of any Network Segment system component, the excavation or obstruction made or placed in Public Property at any time or for any purpose by the Licensee shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). The Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall lirnit obstructions to the minimum area and time necessary, shall provide the City Engineer with no less than 24-hour notice prior to the actual commencement of the work and shall comply with all provisions, requirements, and regulations in accordance with City ordinances and this Agreement in performing such work. The Licensee shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the City Engineer. In emergencies which require immediate excavation the Licensee may proceed with the work without first applying for an excavation permit or other applicable permits, provided, however, that the Licensee shall apply for and obtain the permits) as soon as possible after commencing such emergency work. b. All pavement taken up or damaged, and any other disturbed areas, shall be properly and speedily replaced in accordance with the City's regulations. As a condition to use of Public Property, the Licensee shall at its own expense repair any private property, utility system component, public improvement or Public Property damaged by such location, construction, reconstruction, replacement or repair work, in a manner reasonably acceptable to City. If, after excavations have been made, the Licensee fails to repair or arrange with the City for the proper repair and restoration of any Public Property to a condition as good as the condition of such 3 Page 289 of 320 property prior to the disturbance of same, and after seven (7) days notice in writing to do so is given to its designated representative, the City may make such repairs at the expense of the Licensee. The Licensee shall pay to the City its costs and charges for such work, plus interest at 12% per annum, compounded monthly, within thirty (30) days after receipt of the City's billing. SECTION 7. WORK BY OTHERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS a. The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any Public Property occupied by the Licensee and to change any curb or sidewalk or the grade of any street. In permitting others to do such work the City shall not be liable to the Licensee for any damages arising out of the performance of such work by other parties, provided City exercised reasonable care in performance of such work undertaken by the City. Nothing in this Agreement shall be construed as to relieve any other person or company from liability for damage to the Licensee's facilities. SECTION S. LICENSEE CONTRACTORS a. The requirements of this Agreement shall apply to all persons, firms or corporations performing work for the Licensee under a contract, subcontract or other type of work order. SECTION 9. CONDITIONS OF OCCUPANCY; RELOCATION a. Components of the Network Segment laid or constructed by the Licensee within the City shall conform to established grades of streets, alleys, and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon Public Property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin Public Property. All conduit installed by Licensee shall terminate in a shared box or shall otherwise be accessible to others on terms that the City Engineer determines to be fair and reasonable after consideration of generally prevailing industry practices; provided, however, that Licensee may refuse joint use of conduit and pedestals based on technical considerations, such as limited physical space in the conduit, substantial risk of damage to Licensee's fiber, or risk of interruption to critical services. Because available space in the right-of-way is limited, Licensee is encouraged to share conduit and other facilities with existing right-of-way occupants, to the extent reasonably possible. Because right-of-way space is limited, Licensee agrees to cooperate in good faith and on reasonable terns with future requests from others who desire to collocate in or jointly use any separate conduit -type facilities of Licensee in the right-of-way. Licensee may charge reasonable fees to others for future joint use of any conduit, pedestals or other infrastructure installed by Licensee. b. Licensee agrees to allow City to install its own pipes, cables, conduits, ducts, and/or other appurtenances within Licensee's excavation, provided that such installation is performed at City's sole expense and does not result in any material increase to the Licensee's costs. City shall inform Licensee where it desires to collocate or install conduit, and Licensee will ask its installation contractor to provide a reasonable quote for the cost thereof. The collocation or installation of conduit or cables within Licensee's excavation shall be subject to a separate agreement between City and the contractor. 4 Page 290 of 320 c. The Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its Network Segment facilities in, on, over or under Public Property in such manner as the City may at any time reasonably require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event the Licensee fails to act and proceed with diligence to begin and/or complete said relocation or removal within a reasonably allocated time, or if City in its discretion chooses to allow Licensee to post a performance bond and Licensee fails within a reasonable time set by the City to furnish a satisfactory performance bond providing for completion of the required relocation by a designated date, the City at its option may cause the Licensee facilities to be relocated or removed and then demand reimbursement of costs and expenses from the Licensee, including interest at the rate of 12% per annum, compounded monthly, without liability to the City for any loss or damage caused by such relocation or removal. In addition to the foregoing remedies, City at its option may impose a fine of $1,000.00 per day or portion thereof starting fourteen (14) days following the City's request and Licensee's failure to diligently act or, as appropriate in the circumstances, starting seven (7) days following Licensee's failure to complete the required relocation by the date designated in connection with the performance bond. Sums payable under this paragraph are due and payable by the Licensee to the City within thirty (30) days after receipt of the City's billing. d. The Licensee shall not place its Network Segment facilities in the Public Property where the same will interfere with the normal use or maintenance of any Public Improvement, including but not limited to streets, alleys, traffic control devices, sanitary sewers, storm sewers, storm drains, or any public utility facility. e. Upon request, the Licensee agrees to assist in locating underground facilities which are part of its Network Segment. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this Agreement, the Licensee shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll free "One -Call" number. f. Installation, repair, or replacement work completed by the Licensee that requires excavation of Public Property or public right -of --way shall require restoration and replacement of (a) any improvements that were removed, destroyed or damaged by the Licensee's work to a condition at least equal to the condition of such premises before the Licensee's work was undertaken, and (b) surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. All work of restoration and replacement shall be subject to inspection and approval by the City Engineer or his designee. 5 Page 291 of 320 SECTION 10. POWERS OF CITY a. Nothing in this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public grounds by anyone using the same for the erection and maintenance of utility systems. SECTION 11. PLANS AND COORDINATION a. Upon completion of the work the Licensee shall promptly furnish to the City copies of "as- built" plans related to its Network Segment facilities located on Public Property. The Licensee shall keep complete and accurate maps and records on the locations and operations of its facilities in connection with this Agreement. SECTION 12. VIOLATIONS OF AGREEMENT a. Upon evidence being received by the City that a violation or breach of this Agreement or violation of codes or ordinances lawfully regulating the Licensee in the operation of its Network Segment facilities, or in the use of Public Property therefor, is occurring or has occurred (hereinafter referred to as a "default") the City shall cause an investigation to be made. If the City finds that a default exists or has occurred the City may take appropriate steps to secure compliance with the terms of this Agreement or the codes or ordinances. During the period in which any default exists, City shall be entitled to suspend the processing of any request or application by Licensee to amend the terms of this Agreement, to approve a License Request, or to grant a new permit, license, franchise, or other approval. b. The City shall notify the Licensee of the default and the Licensee shall cure such default within thirty (30) days after receipt of such notice; provided, however, where any such default (other than a payment default) cannot reasonably be cured within such thirty (30) day period, Licensee shall so notify the City Engineer, and if Licensee shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure, as mutually agreed upon by the parties. c. If the Licensee fails to cure a default within the time allowed, the City shall have the right to (i) seek specific performance; or (ii) remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Licensee; or (iii) seek damages for such default, plus interest at the rate of twelve percent (12%) per annum, compounded monthly, on any sum due and owing; or (iv) any combination of (i), (ii) and (iii). SECTION 13. TRANSFER OF TITLE a. If Licensee abandons its Network Segment system and facilities for a period of twelve (12) months or more, then at City's option City may effectuate a transfer to City of all of Licensee's right, title and interest in and to the Network Segment. Abandonment shall be presumed if Licensee has not filed with the office of the City Engineer a notice of continued use within thirty (30) days after City's written request for same. Licensee's continued use shall be established upon filing of such notice, without regard to whether Licensee has allowed the Network Segment or some part thereof to go dark. 6 Page 292 of 320 b. City shall deliver to Licensee a written notice of City's intent to effectuate a transfer of title and permit Licensee a period of thirty (30) days from the date of delivery in which to provide written notice of non -abandonment, and absent such action by Licensee City may file in the public land records of Black Hawk County, Iowa, a notice of transfer of title to City. Licensee shall not be entitled to any compensation from City for a transfer as contemplated by this Section. SECTION 14. LIABILITY, INDEMNIFICATION AND INSURANCE a. The Licensee covenants, at its sole cost and expense, to indemnify, defend, and save the City and its officers, agents and employees, harmless from any and all costs, damages, losses and liabilities whatsoever (including but not limited to the reasonable fees and expenses of attorneys and accountants), of any kind or nature, whether in tort or contract, arising directly or indirectly from the exercise of the rights granted herein or from the acts or omissions of Licensee, its employees, contractors and agents, in respect of the Network Segment, any Network Segment facilities, any work relating thereto, or any access to or use of the Network Segment by third parties. b. The Licensee agrees to require contractors and subcontractors engaged in work for the Licensee within the public rights -of -way or on public property to maintain in effect during the term of work liability insurance in comprehensive form and in the amounts to be reasonably set by the City. c. Licensee agrees to accept the risk of having its communications systems and equipment upon the public right-of-way, including the possible risk of damage or injury to its system or equipment, and agrees to release and discharge the City of any liability for damage or injury to Licensee's equipment, except to the extent caused by the City's gross negligence. In no event shall the City be liable for any consequential damages arising out of any damage or injury to Licensee's equipment placed in the right-of-way. d. The covenants set forth in this Section shall survive the termination or expiration of this Agreement for any reason. SECTION 15. SEVERABILITY a. In the event any provision of this Agreement is held invalid, illegal, or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by modifying or limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so modified or limited without affecting the remaining provisions of this Agreement, provided, however, that in such event City shall have the option, exercisable in its sole discretion, to terminate this Agreement. SECTION 16. ASSIGNMENT a. Licensee shall not assign or otherwise transfer this Agreement or any of its rights and interest to any firm, corporation or individual without the prior written consent of the City, except that Licensee shall have the right to assign, convey or otherwise transfer its rights, title, 7 Page 293 of 320 interest and obligations under this Agreement, in whole or in part, to any entity controlled by, controlling or under common control with Licensee, or any entity into which Licensee may be merged or consolidated or which purchases all or substantially all of the assets of Licensee, provided that Licensee shall notify the City in writing of any permitted assignment, conveyance or transfer within thirty (30) days of its occurrence. SECTION 17. VACATION OF STREETS AND ALLEY a. So long as the Licensee exercises the rights granted to it hereunder the City will not, by ordinance or otherwise, vacate any street, alley or public way in which the Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this Agreement, provided that nothing herein shall limit the City's right to require the Licensee to relocate it facilities as provided in Section 10 hereof. SECTION 18. DELIVERY OF NOTICES a. Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: City of Waterloo, Iowa Attn: City Engineer 715 Mulberry Street Waterloo, IA 50703 With a copy to: City of Waterloo, Iowa Attn: City Attorney 715 Mulberry Street Waterloo, IA 50703 If to Licensee: La Porte City Telephone Company Attn: General Manager 306 Main St, Po Box 185 La Porte City, Iowa, 50651 Provided, however, that in the case of an emergency, notices may be given verbally to the above named persons. In such case written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given three (3) days after the date of mailing if done by certified mail, the next business day if sent by a recognized national overnight carrier or courier, or otherwise on the date actual notice is received. SECTION 19. APPLICABLE LAWS a. This Agreement is subject to all applicable federal, state and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934 as amended, the Telecommunications Act of 1996 as amended and the rules and regulations of the FCC. Neither City nor Licensee waives any rights they may have under any such laws, rules or regulations. 8 Page 294 of 320 SECTION 20. GOVERNING LAW; LEGAL ACTION a. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. In any action to interpret, construe or enforce this Agreement, the parties hereby agree and consent (i) to irrevocably submit to the jurisdiction and venue of the Iowa District Court for Black Hawk County, over any action or proceeding to enforce or defend any matter arising from or related to this Agreement; (ii) to irrevocably waive, to the fullest extent a party may effectively do so, the defense of any inconvenient forum to the maintenance of any such action or proceeding; and (iii) not to institute any legal action or proceeding against the other party or any of the directors, officers, officials, employees, successors, assigns, agents or property of the other party, concerning any matter arising out of or relating to this Agreement, in any court other than one specified in this Section. If City prevails in any legal action to collect fees owed by Licensee under this Agreement, Licensee shall be liable for City's reasonable attorneys' fees and expenses. SECTION 21. GENERAL PROVISIONS a. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. It may not be modified or amended except by a written instrument signed by both parties. This Agreement is binding upon the parties and the permitted successors, assigns, transferees and personal representatives of each of them. IN WITNESS WHEREOF, the parties have entered into this Right -of -Way License Agreement by their duly authorized representatives as of the Effective Date. La Porte City Telephone Company CITY OF WATERLOO, IOWA By: Title: G-vaili rats Q1abnJ By: Quentin M. Hart, Mayor 9 Page 295 of 320 Page 296 of 320 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Traffic Operations Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with ISG Inc., of Waterloo, Iowa, in the amount of $5,400.00, in conjunction with the No Passing Zone Analysis, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Resolution SUMMARY STATEMENT AND BACKGROUND INFORMATION This project involves Shaulis Road from US 63 to Iowa 21 in order to determine the appropriate No Passing Zones. Center lines and signage will then have to be updated based on the result of the study. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Department Budget ALTERNATIVE ACTION LEGAL DESCRIPTION Page 297 of 320 ATTACHMENTS 1. 2024-08-02_PassingZonesAnalysis_WaterloolA ISG Page 298 of 320 August 2, 2024 Mohammad Elahi, Ph.D. Traffic Operations Director City of Waterloo 625 Glenwood Street Waterloo, IA 50703 319.429.876 I mohammad.elahi@ waterloo-ia.org RE: Professional Services Proposal for No -Passing Zone Analysis Waterloo, Iowa Mohammad, ISG As the City of Waterloo looks to determine the no -passing zones on Shaulis Road for U.S. 63 to IA-21 in Waterloo, Iowa, ISG stands eager and ready to assist as your dedicated, local partner. ISG understands that the City will provide a centerline survey and that priority focus is on U.S. 63 to Ansborough. Backed by our in-house, multi -disciplinary professionals, vast industry experience, and a sound project understanding, ISG proposes to provide the following scope of services to meet your project needs. SCOPE OF SERVICES No Passing Zone Analysis ISG will analyze the vertical profile of the project street and determine where passing and no -passing zones should be placed in the field. To complete this work, ISG will: • Hold a kickoff meeting with the City • Conduct one (I) site visit • Utilize Civil 3D to perform sight distance analysis The final deliverable will include a roadway striping plan that outlines passing and no -passing zones. ASSUMPTION ISG assumes that the City will provide a survey of the roadway centerline. COMPENSATION ISG proposes to provide the scope of work described within this proposal for compensation in the amount of $6,500. Anticipated reimbursable expenses such as travel, mileage, and printing are included. ADDITIONAL SERVICES ISG's goal for this proposal, like its services, is to be flexible with accommodating the requirements of this project. Upon request, ISG is able to provide a subsequent proposal to assist with additional professional design and construction phase services that will be necessary to facilitate this project as it moves forward. 335 Cedar Street + Suite 200 + Waterloo, IA 50701 + 319.234.1515 I ISGInc.com Page 299 of 320 August 2, 2024 ISG ISG appreciates the opportunity to provide a solution tailored to the needs of the City of Waterloo. Upon acceptance of this proposal, please sign the acknowledgment box and return a copy of the proposal to our office. We look forward to providing you with responsive service, a collaborative approach, and timely delivery. Sincerely, Barrett Hubbard, PE, PTOE, RSP1 Transportation Engineer APPLICABLE CONTRACT The General Terms and Conditions applicable to this Proposal are available at the link below and are hereby accepted and incorporated herein by reference. Upon acceptance of this Proposal, the parties can proceed with the project based on this signed Proposal, per its General Terms and Conditions, or for more complex projects, ISG, at its discretion, will prepare and require the use of an AIA or EJCDC Contract that will govern the project. General Terms + Conditions bit.ly/termsconditions_isg ACKNOWLEDGMENT OF ACCEPTANCE This proposal is valid for 30 days. Accepted this day of , 2024. Company: Print Name: Print Title: Print Signature: Architecture + Engineering + Environmental + Planning I ISGInc.com Page 2 Page 300 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Mohammad Elahi, Traffic Operations Director Traffic Operations Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving a Street Lighting Agreement with MidAmerican Energy, in the amount of $4,214.66, for installation of one streetlight to be located at the entrance of Paradise Estates, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Requesting approval of Resolution. SUMMARY STATEMENT AND BACKGROUND INFORMATION Putting a streetlight on Paradise Blvd at the entrance of Paradise Estates. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating funds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. MidAmerican Energy - Paradise Blvd, Waterloo Page 301 of 320 Page 302 of 320 MidAmerican ENERGY OBSSSIVELY, Fit -LEND ESSLYAT YOUR SERVICE. 7/29/2024 City of Waterloo Attention: Tina Schellhorn tina.schellhorn@waterloo-ia.org Dear Tina, MidAmerican Energy Attn: Amy M Adams - DMCC PO Box 657 Des Moines, IA 50306 Enclosed is our streetlight proposal for lighting at the entrance of Paradise Estates in Waterloo, IA. MX: 3821557 This proposal includes the installation ofa streetlight on: Paradise Blvd. Waterloo, IA We Propose To: Install: 1 100W Type II Streetlight This Tight will be installed on a steel pole and served by underground conductors but will be billed to the city at the wood pole, overhead rate because the City has agreed to pay the streetlight facilities charge. The applicant charge for this installation is $4,214.66. MidAmerican Energy Company's street light proposal is based on the approved street light analysis provided by the City. MidAmerican Energy Company will install the lights based on the staked locations provided in the field by the customer. Pursuant to MidAmerican's tariff, the Applicant is required to pay actual permit fees. Permit fees may not be offset by Revenue Credit and are to be paid regardless of whether the applicant is required to pay a Refundable Advance or a Nonrefundable Contribution. If this proposal meets with your approval, please sign and return one (1) copy of this letter and payment of $4,214.66. Page 303 of 320 MidAmerican ENERGY OBSESSIVELY, HELENILESSLYAT YOUR SERVICI. MidAmerican Energy Attn: Amy M Adams - DMCC PO Box 657 Des Moines, IA 50306 Upon receipt of your approval and payment, we will prepare work instructions and schedule the installation of these lights once the site is confirmed ready. This proposal is valid for 90 days and if MidAmerican Energy Company construction has not commenced within 12 months it may be voided. If you have any questions, please contact me at (515) 252-6701. Sincerely, MidAmerican Energy Company Amy M. Adams Lead Customer Project Coordinator Accepted By: Date Service Required: Page 304 of 320 002113E 3n:Ot L� O w U) i 1II I 'II ' a31>I3VC 1V 016; mstzeism _ . I. -002113645 w D 0 L Ln lS7 D O ti 0) • ' CO i CO I INN I0) trZ9C PARADISE BLVD 0 0 - J w 0 a U O .1 0 0 0 Page 305 of 320 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving a Professional Service Agreement with Automatic Systems Co., of Ames, Iowa, in the amount of $95,492.00, in conjunction with the WWTP Building 15 PLC Upgrades, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve PSA with Automatic Systems for WWTP Building 15 PLC Upgrades SUMMARY STATEMENT AND BACKGROUND INFORMATION WWTP Building 15 PLC Upgrades Automatic Systems for one Existing Satlellite 15-LCP1 -1 Control Panel modifications and one Existing Easton 15-LCP-1-2 Control Panel modifications. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 306 of 320 1. Waterloo, IA WWTP Building 15 PLC Upgrades Proposal 2. Building 15 PLC upgrade Memo Page 307 of 320 AUTOMATIC SYSTEMS CO. Mr. Justin Speakar City of Waterloo, IA 3505 Easton Avenue Waterloo, IA 50703 SUBJECT: Waterloo, IA WWTP Building 15 PLC Upgrades Mr. Speaker, March 25, 2024 We are pleased to offer the following proposal for the controls upgrade in Building 15 of your Wastewater Treatment Plant with the latest technology consisting of new PLCs and touchscreen operator interfaces for the existing Satellite 15-LCP-1-1 and Easton 15-LCP-1-2. The programmable logic controllers (PLC) in the existing control panels are uncommon and have been discontinued by the manufacturer along with the associated hardware and are beyond their useful operating life. Our proposal includes equipment and services as detailed below. Wastewater Treatment Plant Building 15 PLC Upgrades A One (1) Existing Satellite 15-LCP-1-1 Control Panel modifications, to include the removal of the existing PLC with the installation of a new PLC and Touchscreen Operator Interface as detailed below. Proposed panel modifications shall be complete with the installation of a new 12" Touchscreen, Allen-Bradley CompactLogix Programmable Logic Controller (PLC), I/O cards, Ethernet switch, power supplies, fusing, terminals, and internal panel wiring. B One (1) Existing Satellite 15-LCP-1-2 Control Panel modifications, to include the removal of the existing PLC with the installation of a new PLC and Touchscreen Operator Interface as detailed below. Proposed panel modifications shall be complete with the installation of a new 12" Touchscreen, Allen-Bradley CompactLogix Programmable Logic Controller (PLC), I/O cards, Ethernet switch, power supplies, fusing, terminals, and internal panel wiring. Branch Office 515.232.4770 2740 Ford St. Ames, IA 50010 Corporate Office 651.631.9005 2400 W County Rd. D St. Paul, MN 55112 Branch Office 308.940.0649 Grand Island, NE auto maticsgstemsco.com AUTOMATIC SYSTEMS CO. C One (1) Professional Services, to include engineering, PLC programming, HMI/SCADA development, and on -site field services to include panel modifications, start-up, testing, and operator training. D One (1) Update of existing Installation, Operation, and Maintenance Manuals. SCADA Networking Hardware and Software E Two (2) New SCADA Computer Workstations to include Dell Precision small form factor desktop computer, Intel Core i7 processor, Windows 11 Professional operating system, Microsoft Office Professional, 16 GB memory, and 512 GB SSD. Computers to be field installed in 15-LCP-1-1 and 15-LCP-2-1. Computer specifications may vary slightly based on the latest specifications available at the time of order. F One (1) Professional Services to include the following: 1. Unpack and set up the new computer. 2. Install Windows Operating System and all associated drivers. 3. Onsite Field Services for startup, commissioning, and operator training. Note* All software files and media will be licensed in the city's name and turned over to the city upon completion. Your net price for Items A through F, 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) $95,492.00 PLUS TAX . The above price for Items A through F does not include any: 1. Sales or use taxes. 2. Bond costs. 3. License fees or permits of any kind. 4. Instrumentation including level or flow sensors/transmitters. 5. Interconnecting wire, cables, or conduits between control panels, MCCs, workstations, and primary devices. 6. Instrumentation of any kind. Branch Office 515.232.4770 2740 Ford St. Ames, IA 50010 Corporate Office 651.631.9005 2400 W County Rd. D St. Paul, MN 55112 Branch Office 308.940.0649 Grand Island, NE auto maticsgstemsco.com AUTOMATIC SYSTEMS CO. 7. Labor or any other miscellaneous materials that may be required for installation not specifically detailed above. 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 don't hesitate to give me a call. Sincerely, Jake McFarland Automatic Systems Company Accepted by: Date: Items Accepted: Purchase Order No: Purchase Order Amount: Branch Office 515.232.4770 2740 Ford St. Ames, IA 50010 Corporate Office 651.631.9005 2400 W County Rd. D St. Paul, MN 55112 Branch Office 308.940.0649 Grand Island, NE auto maticsgstemsco.com CITY OF �J�rERLoo IOWA Community of Opportunity 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-0141 t. Fax: CITYOFWATERLOOIOWA.COM Date: August 1, 2024 To: Waterloo Mayor and Council From: Brad Manahl, Assistant Director ICT/Maintenance, Waste Management Services RE: Waterloo, IA WWTP Building 15 PLC Upgrades -Automatic Systems Background Discussion: Building 15 PLC's operate the main lift pumps at the Wastewater Treatment Plant facility Raw Wastewater wet wells. The current Toshiba PLCs operating at building 15 are aging and replacement parts are obsolete to replace in -kind. These PLC's are a critical piece of infrastructure. Without these PLC's we would not be able to pump water through the WWTP to treat wastewater and backing up water in the collection system. After staff research we determined in order to maintain operational function of Building 15 (RWW Building) we would need to replace both Satellite and Easton PLC upgrades at a cost of $95,492.00. Recommended Action: It is recommended approval of Waterloo, IA WWTP Building 15 PLC Upgrades - Automatic Systems for one (1) Existing Satellite 15-LCP1-1 Control Panel modifications and one (1) Existing Easton 15-LCP-1-2 Control Panel modifications at a cost of $95,492.00 e11 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 6 to a Professional Services Agreement with AECOM of Waterloo, Iowa, in the amount of $125,000.00, originally executed on April 8, 2015, in conjunction with planning and engineering services to assist the Waste Management Services Department, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Supplemental Agreement No. 6 with AECOM Planning and Engineering 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 312 of 320 1. SA6 Waterloo WM Planning and Engineering (1) Page 313 of 320 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. 6 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 entered into Supplemental Agreement No. 5 on June 5, 2023, 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. 6 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 and tasks. 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. Page 314 of 320 AECOM Page 2 Task 2 - Public Meetings. Provide liaison with the City Council regarding Waste Management Services issues. This task will include attending Council meetings, committee 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 315 of 320 AECOM Page 3 Task 12 - Hydraulic Modeling and Evaluations for the areas near the Waterloo Regional Airport. Perform hydraulic modeling analysis and evaluations for the areas near the Waterloo Regional Airport. This includes the areas of the sanitary sewer collection system upstream of the Titus Lift Station (W. Airline Highway, Wagner Road, Leversee Road). Modeling will help to determine what infrastructure would need to be improved or added to relieve exist capacity issues during large rain events and allow for further development in that area. Task 13 — Miscellaneous Hydraulic Modeling. Perform hydraulic modeling analysis for the sanitary sewer system on an as -needed basis, as requested by Client. Task 14 - Diffuser Performance and Bathymetric Analysis. Provide engineering services, as requested by the client, for wastewater diffuser performance and bathymetric analysis. Task 15 - 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, 4 and 5. 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. 6 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By Do '•las W. Schindel, P.E. Vice President CITY OF WATERLOO, IOWA Date July 18, 2024 By: Date Quentin Hart Mayor L:\Secure_DCS\Administration\AGREE\SUPPLE\SA6 Waterloo WM Planning and Engineering.doc Page 316 of 320 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE August 19, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with ISG, Inc. of Waterloo, Iowa, in the amount of 8.5 percent of the total cost of furniture purchased for the Waterloo Convention Center, in conjunction with the Furniture Plan and Bid for the Waterloo Convention Center, and authorizing the Mayor to execute said document. 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 317 of 320 1. 2024-06-05 WaterlooConventionCenterFurniture WaterloolA ISG Page 318 of 320 June 5, 2024 Bridgett Wood Finance Director City of Waterloo 715 Mulberry Street Waterloo, IA 50703 319.291.4323 RE: Professional Services Proposal for Waterloo Convention Center - Furniture Plan and Bid Waterloo, Iowa Bridgett, ISG As Waterloo Convention Center prepares to furnish the Convention Center, ISG stands ready as your dedicated partner to guide you through this process. ISG appreciates the opportunity to work with Waterloo Convention Center on this additional service and is committed to creating environments that encourage a sense of community and inspire growth and development. SCOPE OF SERVICES Design development meetings with Waterloo Convention Center representatives will help ISG consider furniture options for the uses of each space. The project team will acquire furniture samples for review and to be sit -tested as requested. ISG will prepare detailed furniture plans that demonstrate the selected furniture layout. ISG will then select colors, materials, and finishes to appropriately convey the design concept and to meet functional, maintenance, life -cycle performance, environmental, and safety requirements. ISG will prepare furniture plans, specifications, and bidding documents. Implementing a bidding process for furniture will provide Waterloo Convention Center with better products at a more competitive price per unit, including installation. To do so, ISG will send documents out for bid, consider alternative products that bidders might submit, and answer contractor questions while the bid is out. ISG will open bids on an approved date, write a letter of recommendation, and prepare contracts. ISG will assist with a delivery and installation schedule. Once furniture installation is complete, ISG will verify installation, create a punch list, and approve pay applications. COMPENSATION ISG proposes providing the scope of services described within this proposal at a fee based on the sliding scale furniture budget. Owner/Contractor Contract and/or Purchase Order Furniture projects completed by Owner/Contractor Contract or Purchase Order under $50,000 will be billed hourly. Furniture Fee Schedule $50,001—$150,000 8.5% • $150,001—$400,000 7.5% $400,001—$900,000 7% $900,001—$1,200,000 6.5% $1,200,001+ 6% 335 Cedar Street + Suite 200 + Waterloo, IA 50701 + 319.234.1515 I ISGInc.com Page 319 of 320 June 5, 2024 ISG Reimbursables Anticipated reimbursable expenses such as travel, mileage, and printing are included within the compensation listed above. ISG appreciates the opportunity to provide a furniture planning solution tailored to the needs of Waterloo Convention Center. To provide immediate acceptance of this proposal, please sign the acknowledgment box below and return a copy to our office. We look forward to providing you with responsive service, a collaborative approach, and timely delivery. Sincerely, / , 7Z/zG& �`'� etal- MaTrasa Maae, IIDA, NCIDQ Nathan Compton, AIA, CDT, NCARB Senior Interior Designer Senior Architect APPLICABLE CONTRACT The General Terms and Conditions applicable to this Proposal are available at the link below and are hereby accepted and incorporated herein by reference. Upon acceptance of this Proposal, the parties can proceed with the project based on this signed Proposal, per its General Terms and Conditions, or for more complex projects, ISG, at its discretion, will prepare and require the use of an AIA or EJCDC Contract that will govern the project. General Terms + Conditions bit.l y/termsconditions_isg ACKNOWLEDGMENT OF ACCEPTANCE This proposal is valid for 30 days. Accepted this day of , 2024. Company: Print Name: Print Title: Print Signature: Architecture + Engineering + Environmental + Planning I ISGInc.com Page 2 Page 320 of 320