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HomeMy WebLinkAboutCouncil Packet - 10/21/2024CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, October 21, 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 337 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, Rob Nichols, At -Large council Member. Approval of Agenda, as proposed or amended. Approval of Minutes of October 7, 2024, Regular Council Session, as proposed or Page 2 of 337 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 setting date of public hearing as November 4, 2024, for the a property use agreement with Iowa Northland Council of Governments, expiring December 31, 2026, to utilize city property for transit vehicle parking near 1325 Black Hawk Street, and instruct the City Clerk to publish notice. 3. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Crossroads Waterloo Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. 4. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. 5. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. 6. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. 7. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project Page 3 of 337 budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. 8. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the University Avenue Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. 9. Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and setting date of consultation with taxing entities as November 1, 2024, and other general updates to the Plan, and instruct the City Clerk to publish notice. 10. Resolution setting date of public hearing as November 18, 2024, to approve Amendment No. 7 to the San Marnan Urban Renewal and Redevelopment Plan, to remove properties from the TIF area, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. 11. Resolution setting date of public hearing as November 18, 2024, to approve Amendment No. 8 to the San Marnan Urban Renewal and Redevelopment Plan, to expand the boundaries and to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entries as November 1, 2024, and instruct the City Clerk to publish notice. 12. Resolution approving the acceptance of a public service grant from the Waterloo Elks Lodge in the amount of $4,000.00, for youth safety and education. 13. Resolution approving the contract, bonds, and certificate of insurance with Shift General Contracting, of Cedar Rapids, Iowa, in conjunction with the FY 2025 Martin Luther King, Jr. Drive Wetland A Restoration, Contract No. 1109, and authorizing the Mayor and City Clerk to execute said documents. 14. Resolution approving the sale of used equipment from the Public Works Department via the PurpleWave website. 15. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing two Chevy Colorado's, in the amount of $69,375.60 from Karl Chevrolet, for the Police Department. 16. Motion to receive and place on file the City of Waterloo's submitted 509A Application for Renewal and Statement of Actuarial Opinion for FYE 2024. 17. Motion to approve Change Order No. 4 with WRH, Inc., of South Amana, Iowa, for a net decrease of $1,009.41, in conjunction with FY 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, Contract No. 1067, and authorizing the Mayor to execute said document. 18. Motion to approve Change Order No. 4 with WRH, Inc., of South Amana, Iowa, for a net Page 4 of 337 increase of $16,250.00, in conjunction with Titus Lift Station And Force Main, Contract No. 975, and authorizing the Mayor to execute said document. 19. Motion to approve Change Order No. 8 with Woodruff Construction of Waterloo, Iowa, for a total increase of $5,265.70, in conjunction with the FY 2023 Gates Park Improvements Project, Contract No. 1076, and authorizing the Mayor to execute said document. 20. Motion to approve the appointment of Jay Millett to the position of Equipment Operator II in the Street Department, effective October 22, 2024. 21. Motion to approve the appointment of Chad Davis from the current Civil Service List to the position of Solid Waste Technician in the Sanitation Department, effective October 22, 2024, pending pre -employment physical and drug testing. 22. Motion to approve the appointment of Shaubhik Roy from the current Civil Service List to the position of Financial Analyst in the Finance Department, effective October 22, 2024. 23. Motion to approve the appointment of Kyler Fischels from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective November 4, 2024, pending pre -employment physical and drug testing. 24. Motion to approve the appointment of Johnathon Gentz from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective November 6, 2024, pending pre -employment physical and drug testing. 25. Communication from the Fire Department on the notice of the conclusion of employment of Micah Moore, Firefighter, effective September 26, 2024, with recommendation of approval of payout of $4,023.33 for unused benefits. 26. Communication from the Leisure Services Department on the notice of the conclusion of employment of Paul Huting, Leisure Services Director, effective September 30, 2024, with recommendation of approval of payout of $32,520.35 for unused benefits. 27. Communication from the Fire Department on the notice of the conclusion of the employment of Todd Petersen, Fire Lieutenant, effective September 27, 2024, with recommendation of approval of payout of $6,482.45 for unused benefits. 28. Communication from the Fire Department on the notice of the conclusion of employment of Kerry Burt, Firefighter, effective October 1, 2024, with recommendation of approval of payout of $14,154.48 for unused benefits. 29. Communication from the Fire Department on the notice of the conclusion of employment of Joshua Holley, Firefighter, effective October 5, 2024, with recommendation of approval of payout of $1,253.12 for unused benefits. 30. Scott Voigt, Board/Commission: Planning, Programming and Zoning Commission, Expiration Date: October 21, 2027, [New]. 31. Eric Poe, Board/Commission: Planning, Programming and Zoning Commission, Expiration Date: October 21, 2027, [New]. Page 5 of 337 32. Liquor Licenses a. Love's Travel Stop #702, 3301 Greyhound Dr., Class B Alcohol w/Sunday Sales (Renewal) Exp: 11/16/2025. b. Fareway Stores #951, 40 W. San Marnan Dr., Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/15/2025. c. 1850 Patio & Grill, 1850 W. Ridgeway Ave. Ste. 5, Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/31/2025. d. Brown Derby Ballroom, 618 Sycamore St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 9/30/2025. e. Capella Magna, 622 Commercial St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 11/30/2025. f. Carpenter's Diner, 518 Jefferson St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 11/2/2025. g. Chapala Mexican Restaurant, 900 La Porte Rd., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/22/2025. h. Danny's on Donald, 1125 W. Donald St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/4/2025. i. Express Mart, 2027 Falls Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 10/30/2025. j. Hy-Vee #1 Clubroom, 2834 Ansborough Ave., Special Class C Alcohol w/Sunday Sales (Renewal) Exp: 10/16/2025. k. K-Zar, 1761 Independence Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 10/13/2025. I. Dollar General #20584, 1650 Idaho St., Class B Alcohol w/Sunday Sales (Renewal) Exp: 11/6/2025. m. Friendship Village, 600 Park Lane, Class F Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/18/2025. 33. Motion approving Application for Fireworks Display for the Bartlett/Bultsma Wedding Reception, October 26, 2024, at the Isle Casino Hotel, 777 Isle of Capri Blvd., Waterloo, beginning at 6:45 p.m. for approximately 15 minutes. 34. Bonds. PUBLIC HEARINGS 1. Waterloo Fire Rescue Turnout Gear Replacement Project. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids. No bids were received for this project. Submitted by: Bill Beck, Fire Chief 2. FY 2025 prefabricated shelter at 1700 Idaho Street, for the Municipal Telecommunications Utility Project, Contract No. 1112. Page 6 of 337 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids and refer to the Public Works Division Manager for review. Submitted by: Randy Bennett, Public Works Division Manager 3. Sale and conveyance of approximately 1,250 square feet of city -owned property located adjacent to 4805 Edgebrook Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file Motion to close public hearing and receive and file oral and written comments. Resolution approving a request by David R. and Mary H. Alderman for the sale and conveyance of approximately 1,250 square feet of city -owned property located adjacent to 4805 Edgebrook Drive for $1.00, including a Development Agreement to construct a new sidewalk at a value of $1,235.00, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 4. Sale and conveyance of vacant lots within the Walnut Neighborhood to Iowa Heartland Habitat for Humanity. 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 properties located within the Walnut Neighborhood, in the amount of $1.00 each to Iowa Heartland Habitat for Humanity, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for constructing three single-family homes, with a total of $15,000.00 Infill Housing Grant of $5,000.00 per home, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution approving a Parking Contract with IPS Group of San Diego, California, in conjunction with the Multi -Spot Parking Meters upgrade, and authorizing the Mayor, City Attorney, and City Clerk to execute said document. Submitted by: Bridgett Wood, Finance Director 2. Resolution approving the IGT Fund Transfer Agreement for FY 2026, and authorizing the Mayor to execute said agreement. Submitted by: Bill Beck, Fire Chief 3. Resolution approving the Provider Participation Agreement for FY 2026, and authorizing the Page 7 of 337 Medical Supervisor, Jason Hernandez, to execute said document. Submitted by: Jason Hernandez, Medical Supervisor 4. Resolution approving a Forecast and Data Support Agreement with BAMWX, in the amount of $3,397.50 per year for three years, for providing weather radar forecasting tools, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 5. Resolution approving Amendment No. 1 to the Raise Grant Agreement, with the US Department of Transportation, in conjunction with the La Porte Road Improvements from Shaulis Road to Byron Avenue, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 6. Resolution approving a Federal -aid Agreement, with the Federal Highway Administration, in the amount of $750,000.00, in conjunction with the Railyard Relocation Study for the railyard located at 1006 E. 4th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 7. Resolution approving Supplemental Agreement No. 7 with Stanley Consultants, Inc., of Des Moines, Iowa, in the amount of $52,600.00, in conjunction with the FY 2022 11th Street and Park Avenue Bridge Replacements Project, Contract No. 1013, and authorizing the Mayor to execute said document. Submitted by: Wayne Castle, PLS, PE, Assistant City Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 8 of 337 October 7, 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, October 7, 2024. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. Simon, Ms. Wilder and Mr. Feuss. Prayer or Moment of Silence. Pledge of Allegiance, Mayor Quentin Hart. Approval of Agenda as proposed or amended. Feuss/Wilder that the agenda as amended, to remove from the consent agenda and consider separately, item 21, be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of the September 26, 2024, Special Council meeting and the September 30, 2024, Planning Session as proposed or amended. Feuss/Wilder that the minutes of September 26, 2024, Special Council meeting and September 30, 2024, Planning Session, as proposed, be amended. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. LaTonya Graves, 607 E. Donald Street; Aaron Stacey Roberts, 411 Almond; Bryan Edwards, Walnut Court Apartments; Wayne Nathem, 548 Cloverdale; Diane Messerschmitt, Indiana Street; Renee Carson, 1108 Vine; Larry Stumme, 1008 Lois Lane Matthew Carpenter, 518 Jefferson; David Dryer, 3145 W. 4th Street; Forest Dillavou, 1725 Huntington Road; Todd Obadal, 124 Amity Drive. Mr. Boesen commented that when the rebate schedule changed from the developers of All -In Grocers to the credit union that loaned them the money, the Development Agreement states that in order to get the rebates, they must maintain $4 million dollars of assessed value. Currently, on the Black Hawk County website, the assessed value is $3.95 million. He questioned if they would qualify for the 80 percent tax abatement since it is under $4 million dollars or do we have to wait until their assessed value reaches $4 million. Noel Anderson, Community Planning and Development Director, stated that the property is split into two or three parcels and the total of those is assessed at $4 million. Page 1 of 12 Page 9 of 337 Mr. Boesen questioned if they would still qualify if the sum of all three parcels were assessed at $3.95 million. Noel Anderson stated that they would not qualify until the total of the parcels was assessed at $4 million. Mayor Hart thanked Main Street Waterloo for hosting the Dinner on the Bridge Event and shared other events that have been happening and acknowledged city staff for volunteering to give back to the community. Feuss/Wilder to close public comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Feuss/Wilder that the following items on the consent agenda be received and placed on file, including the payment of bills for October 7, 2024, in the amount of $9,861,226.73, be received and placed on file. Roll Call vote -Ayes: Seven. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-578. Resolution approving the request by Paul and Linda Dupuy, for tax exemptions on the construction of a new single-family home valued at $400,000.00, for property located at 618 Creston Avenue and located in the Consolidated Urban Revitalization Area (CURA). Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-579. Resolution approving the request of Ken Samek for a waiver for a concrete driveway, located at 205 Lillian Lane, with the elimination of the sidewalk section due to inability to meet grade requirements. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-580. Resolution approving the request of Jesse Thompson for a waiver for a concrete driveway, located at 313 W. Orange Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-581. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 7, 2024, and date of public hearing as November 18, 2024, in conjunction with Demolition and Site Clearance Services, Contract No. D-2024-10-02P, located at 2127 E. 4th Street (Saint Mary's Church and School) and 123 E. Parker Street (Saint Mary's Villa), and instruct the City Clerk to publish notice. Page 2 of 12 Page 10 of 337 Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-582. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 24, 2024, and date of public hearing as November 4, 2024, in conjunction with Demolition and Site Clearance Services, Contract No. D-2024-10-06P, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-583. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 24, 2024, and date of public hearing as November 4, 2024, in conjunction with Demolition and Site Clearance Services, Contract No. D-2024-10-04P, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-584. Resolution approving preliminary plans, specifications, bid documents etc., setting date of bid opening as October 17, 2024, and date of public hearing as October 21, 2024, in conjunction with the Waterloo Fire Rescue Turnout Gear Replacement Project, and instruct the city clerk to publish the notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-585. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 24, 2024, and date of public hearing as November 4, 2024, in conjunction with the Terminal Security Upgrades, IDOT CSVI FY-24 Project, Contract No. 5819, and instruct the City Clerk to publish said notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-586. Resolution setting the date of the public hearing as October 21, 2024, to approve a request by David R. and Mary H. Alderman for the sale and conveyance of approximately 1,250 square feet of city -owned property located adjacent to 4805 Edgebrook Drive for $1.00, including a Development Agreement, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-587. Resolution setting date of the public hearing as October 21, 2024, for approval of a Development Agreement with Iowa Heartland Habitat for Humanity, in conjunction with the sale and conveyance of five vacant lots located within the Walnut Neighborhood, with a grant of $15,000.00 for infill housing development, and direct the City Clerk to publish Notice. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-588. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for the purchase of one Ford F-550 171" Superliner Type I Ambulance, in the amount of $301,401.00, through Page 3 of 12 Page 11 of 337 the HGACBuy Cooperative Program, for the Ambulance Department. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-589. Resolution accepting an Iowa DOT Air Service Development grant, in the amount of $48,000.00, with a twenty -percent match, for promoting passenger air service from the Waterloo Regional Airport through strategic advertising, and authorizing the Mayor and Airport Director to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-590. Resolution accepting an Iowa DOT Commercial Service Vertical Infrastructure grant, in the amount of $124,902.00, for hangar improvements and terminal interior upgrades, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-591. Resolution approving the installation of a speed hump in the 1100 block of Prospect Boulevard. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-592. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Hawkeye Flat Roof Solutions of Monroe, Iowa, in the amount of $169,100.00, in conjunction with the Replacement of City Hall Roof Project. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-593. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Mike Fereday Heating and Air Conditioning of Waterloo, Iowa, in the amount of $24,850.00, in conjunction with the Hangar No. 4 Improvements - HVAC Replacements, IDOT CSVI FY-23 Project, Contract No. 4606. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-594. Motion to approve Change Order No.1 with Boulder Contracting, of Grundy Center, Iowa, for a net increase of $121,965.00, in conjunction with Waterloo Convention Center Underground Parking Ramp Repairs Proiect, and authorizing the Mayor and City Clerk to execute said document. Motion to approve Change Order No. 2 with Boulder Contracting, LLC, of Grundy Center, Iowa, for a net increase of $3,393.50, in conjunction with the Waterloo Convention Center Underground Parking Ramp Repairs Project, and authorizing the Mayor to execute said document. Page 4 of 12 Page 12 of 337 Motion to approve Change Order No. 3 with WRH, Inc., of South Amana, Iowa, for a net decrease of $7,226.00, in conjunction with Titus Lift Station and Force Main, Contract No. 975, and authorizing the Mayor to execute said document. Motion to approve a Change Order with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $25,937.04, in conLunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. Mr. Boesen commented on a recent hit-and-run accident that destroyed one of the fiber cabinets and the cost to replace it. He questioned why the cabinets are located so close to the road when we have snow plows that could potentially push heavy snow into the box, causing damage. Eric Lage, General Manager of Waterloo Fiber, explained that they are looking into putting up concrete bollards and are working with Magellan to see if some of these cabinets need to be moved back away from the road. Mayor Hart commented that we do need a plan of action as winter is approaching. Mr. Simon questioned if there was any insurance that could be collected for the accident. Eric Lage explained that the police did look into it but were unable to identify the driver, and stated that they would be using insurance money to cover the cost. Mr. Chiles commented that after learning of the accident, he contacted Randy Bennett and asked the same question about installing bollards. He questioned if surveillance could be considered near the cabinets. Mayor Hart explained that once the fiber is in, then we will be able to install cameras in some of these areas. Communication from the Housing Department on the notice of the conclusion of employment of Wanda Hill -Dorris, Housing Coordinator, effective September 30, 2024, with recommendation of approval of payout of $8,798.21 for unused benefits. Communication from the Police Department on the notice of the conclusion of employment of August Camarata, Police Officer, effective August 30, 2024, with recommendation of approval of payout of $1,194.29 for unused benefits. Communication from the Police Department on the notice of the conclusion of employment of Cassandra Jakoubek, Police Officer, effective September 12, 2024, with recommendation of approval of payout of $6,220.37 for unused benefits. Page 5 of 12 Page 13 of 337 Communication from the Animal Control Department on the notice of the conclusion of employment of Sally Hayward, Animal Contol Officer, effective September 1, 2024, with recommendation of approval of payout of $7,350.32 for unused benefits. Communication from the Engineering Department on the notice of the conclusion of employment of Matthew Buenger, Engineering Technician, effective September 13, 2024, with recommendation of approval of payout of $3,773.49 for unused benefits. Motion to approve the appointment of Kenneth Motsinger from the current Civil Service List to the position of GIS Technician in the Engineering Department, with an effective date of October 8, 2024. Motion to approve the appointment of Stacey Wright to the position of Administrative Secretary in the Community Development Department, effective October 14, 2024. Motion to approve the appointment of Justin Rohlfsen to the position of Financial Analyst in the Finance Department, effective October 14, 2024. Emily Seliga, Board/Commission: Main Street Waterloo, Expiration Date: December 31, 2026, fnewl. Don Patnode, Board/Commission: Main Street Waterloo, Expiration Date: December 31, 2024, [New]. Airport Board minutes of August 28, 2024. Board of Adjustment regular meeting minutes of June 25, 2024, and July 23, 2024. Complete Streets Advisory Committee minutes of June 25, 2024. Historical Preservation Commission minutes of June 18, 2024, and July 16, 2024. Leisure Services Commission Board minutes of August 13, 2024. Page 6 of 12 Page 14 of 337 Planning, Programming, and Zoning Commission minutes of June 11, 2024 and July 9, 2024 Bonds. PUBLIC HEARINGS Asbestos Abatement Services, Contract No. AB-2024-09-07P. Feuss/Chiles to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Feuss/Chiles to close hearing. Voice vote -Ayes: Six. Motion carried. Feuss/Chiles Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-595. Feuss/Chiles to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Seven. Motion carried. Estimate: $35,000.00 All Star Environmental, LLC, Dubuque, IA - 5% - $34,010.00 Site Services, Inc., Algona, IA - 5% - 45,019.00 Abatement Specialties, LLC, Cedar Rapids, IA - 5% - $28,940.00 REW Services Corporation, Des Moines, IA - 5% - $33,357.00 AAA Budget Environmental, Inc., Monticello, IA - 5% - $28,730.00 Advanced Environmental, Waterloo, IA - 5% - $28,700.00 Resolution approving award of bid to Advanced Environmental, Inc. of Waterloo, Iowa, in the amount of $28,700.00, in conjunction with Asbestos Abatement Services, Contract No. AB- 2024-07-08P, for properties located at 1335 Mulberry Street, 724 Lincoln Street, 418 Oak Avenue, 110 Chestnut Street, 318 Bratnober Street, 309 E. 2nd Street, and 1103 Commercial Street, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 596. FY 2025 Martin Luther King, Jr. Drive Wetland A Restoration, Contract No. 1109. Page 7 of 12 Page 15 of 337 Nichols/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Wilder to close the hearing. Voice vote -Ayes: Seven. Motion carried. Nichols/Wilder Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-597. Mr. Boesen questioned if anything was changed from the original proposal to garner additional bids. Jamie Knutson, City Engineer, commented that the completion date was changed, and they also contacted the contractors to make sure they knew about it. Mr. Boesen stated that he was glad to hear that and also to see that the bids came in as low as they did. Jamie Knutson explained that this is part two of three for this wetland restoration and with the bids being as low as they are, he is hopeful that part three can also be completed this year. Nichols/Wilder to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Seven. Motion carried. Engineer's Estimate: $600,000.00 Shift General Contracting, Cedar Rapids, IA - 5% - $349,172.14 Vieth Construction Corporation, Cedar Falls, IA - 5% - $409,478.43 Veracity Excavating, La Porte City, IA - 5% - $472,867.73 Peterson Contractors, Inc., Reinbeck, IA - 5% - $378,657.48 Petersen Hudson Hardware, Plumbing & Heating, Inc., - 5% - $420,966.45 Eastern Iowa Excavating & Concrete, LLC, Cascade, IA - 5% - $479,707.93 Lodge Construction, Inc., Clarksville, IA - 5% - $474,369.56 Baker Enterprises, Inc., Waverly, IA - 5% - $425,879.94 Nichols/Wilder Resolution approving award of bid to Shift General Contracting, of Cedar Rapids, Iowa, in the amount of $349,172.14, in conjunction with the FY 2025 Martin Luther King, Jr. Drive Wetland A Restoration, Contract No. 1109. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-598. RESOLUTIONS Page 8 of 12 Page 16 of 337 Resolution approving a Primary Highways Detour Agreement with the Iowa Department of Transportation for the use of city streets to detour traffic from the ramp to US 218 northbound at Broadway Street, in conjunction with the Bridge Repair Project Number: MB-218-2(521)187-- 77-07, and authorizing the Mayor to execute said document. Chiles/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-599. Resolution approving an agreement with MidAmerican Energy Company, of Des Moines, Iowa, in the estimated amount of $595,271.60, in conjunction with the gas main extension to service South Waterloo Business Park, and authorizing the Mayor to execute said document. Chiles/Nichols Mr. Boesen questioned how we are doing on another utility payback agreement we have near the airport. Noel Anderson, Community Planning and Development Director, explained that he had spoken with MidAmerican this morning, and learned that they do the audits and reports on those in November, so we should have those numbers fairly soon. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-600. Resolution approving Supplemental Agreement No. 3 with AECOM, of Waterloo, Iowa, in the amount of $66,800.00, in conjunction with the FY 2024 LaPorte Road Improvements, Phase I, Contract No. 1016, and authorizing the Mayor and City Clerk to execute said document. Chiles/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-601. Resolution amending the Professional Services Agreement with Nutri-Ject Systems Inc., of Hudson, Iowa, to extend the contract for a term of five years in conjunction with the biosolids management, storage, and land application, with no increase to the current contract rate, and authorizing the mayor and City Clerk to execute said document. Boesen/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-602. Resolution approving the Supplement to Fiber Project Reimbursement Agreement with Waterloo Municipal Communications Utility (Waterloo Fiber) of Waterloo, Iowa, estimated to be in the amount of $18,000,000.00, in conjunction with the Fiber Project, and authorizing the Mayor and City Clerk to execute said document. Boesen/Wilder David Dryer, 3145 W. 4th Street, questioned why the dollar amount changed from twenty million to eighteen million. Page 9 of 12 Page 17 of 337 Bridgett Wood, Finance Director, explained that the eighteen million is just the fiber utility's portion of the twenty million that was issued, and the other two million is the city's portion. Mr. Simon questioned the payment timeline and how it was funded. Bridgett Wood explained that the utility will pay money to the city to make the bond issuance payments. Mr. Simon questioned the duration of the payment. Bridgett Wood explained that 20 years is a typical bond issuance. Mr. Boesen questioned how adding twenty million dollars to our bonds has affected the debt service levy. Bridgett Wood stated that she did not have that information on hand, but would get that information to him. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-603. Resolution approving a Development Agreement with A.C.O. Construction, L.C. for the construction of two single-family dwellings located at 4429 and 4455 Charm Drive, including a $5,000.00 infill incentive for each dwelling for a total incentive amount of $10,000.00, and authorizing the Mayor and City Clerk to execute said document. Boesen/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-604. Resolution approving a Professional Services Agreement with Impact7G, in an amount not to exceed $3,200.00, to complete a phase I Environmental Site Assessment for properties located north of 1650 Idaho Street , and authorizing the Mayor to execute said document. Feuss/Wilder David Dreyer, 3145 W. 4th St., questioned the meaning of an environmental site assessment. Noel Anderson, Community Planning and Development Director, provided an overview of the assessment as required by the state code. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-605. Resolution approving a Professional Services Agreement with Impact7G, in an amount not to exceed $3,200.00, to complete a phase I Environmental Site Assessment for properties located at 1651 and 1659 Sycamore Street, and authorizing the Mayor to execute said document. Feuss/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-606. Page 10 of 12 Page 18 of 337 Resolution approving an agreement with MidAmerican Energy Company, of Des Moines, Iowa, in an estimated amount of $11,785.67, in conjunction with the qas main extension located along GT Drive, and authorizing the Mayor to execute said document. Feuss/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-607. Resolution approving a Professional Services Agreement with Impact7G, in an amount not to exceed $3,200.00, to complete a phase I Environmental Site Assessment for a vacant property located southeast of 1907 Black Hawk Street, and authorizing the Mayor to execute said document. Feuss/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-608. Resolution approving the Assignment of Development Agreement with BCS Properties LLC and GAC Real Estate, LLC, and Lincoln Savings Bank, for the Development Agreement originally approved on July 3, 2019, in conjunction with the development of property located at the northeast corner of Highway 63 and Ridgeway Avenue, assigning the rebates for the project to Lincoln Savings Bank, and authorizing the Mayor and City Clerk to execute said document. Nichols/Wilder Mr. Boesen requested clarification on the development and if there are any known issues. Noel Anderson, Community Planning and Development Director, explained that he is unaware of any issues or concerns. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-609. Resolution approving the Real Estate Purchase Agreement with Galactic Development Corp., for property located west of 1101 Van Miller Way, in the amount of $699,900.00 plus up to $2,000.00 in closing costs, and authorizing the Mayor and City Clerk to execute said document. Nichols/Wilder Forest Dillavou, 1725 Huntington Road, questioned the size and assessed value of this property and if it was going to be developed. Jamie Knutson, City Engineer, explained that the area is about 14.2 acres and the value of the property is approximately fifty thousand per acre. He shared that it is not for development, but will be a large wet basin for storm water to protect residents down stream. Mr. Chiles requested clarification about the potential for a walking trail. Jamie Knutson stated that as part of the project an unpaved maintenance trail is needed for city staff to maintain the area. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Page 11 of 12 Page 19 of 337 assigned No. 2024-610. ADJOURNMENT Feuss/Chiles that the council adjourn at 6:42 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 12 of 12 Page 20 of 337 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 October 21, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as November 4, 2024, for the a property use agreement with Iowa Northland Council of Governments, expiring December 31, 2026, to utilize city property for transit vehicle parking near 1325 Black Hawk Street, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This land use agreement will allow INRCOG to park transit vehicles on city -owned property near 1325 Black Hawk Street. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION That part of Lot 3, Block 64, Anthony Baker's Addition, City of Waterloo, Iowa, Tying Southwesterly of the Southwesterly toe of the Cedar River Levee. Page 21 of 337 ATTACHMENTS 1. INRCOG Property Use Agreement Page 22 of 337 PROPERTY USE AGREEMENT This Property Use Agreement is entered into by and between the City of Waterloo, Iowa, ("City") and Iowa Northland Regional Council of Governments ("INRCOG"). WHEREAS, City owns real property at Black Hawk Street, identified as parcel no. 8913- 25-330-003 and legally described as set forth on Exhibit "A" attached hereto (the "Property"); and WHEREAS, the parties desire to allow for INRCOG's use of the Property on the terms set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 1. Use of Property. INRCOG is hereby authorized to use the southerly half of the Property for parking of transit vehicles that INRCOG uses in its operations and personal vehicles of employees and agents making use of the transit vehicles. INRCOG shall not conduct any other activities upon the Property. INRCOG agrees that use of the Property by INRCOG, its officers, employees and agents, is at their sole risk. INRCOG shall also, at its sole expense, spray the premises as needed to maintain weed control and maintain the existing rock ground cover to ensure even coverage. 2. Improvements. INRCOG may, at its sole expense, replace existing fencing with a taller fence of similar make and materials, from six (6) to eight (8) feet in height. INRCOG is prohibited from making any permanent modifications to the Property or other improvements to the Property without the express written consent of City, and any modifications, improvements and fixtures shall become the property of City upon installation, without compensation to INRCOG. 3. Security. City shall obtain a 911 address for the Property. City shall install security cameras at the Property at its own expense, but City shall provide no dedicated security or other security for the Property. 4. Rent. In consideration of the cooperative relationship between the parties, INRCOG shall pay no rent to City for the rights and privileges granted herein. 5. Insurance. During the term of this Agreement and at INRCOG's expense, INRCOG shall procure and maintain combined single limit liability, bodily injury, and property damage insurance in the amount of not less than $ I,000,000 per occurrence. City shall have no duty to insure the personal property of INRCOG, its officers, employees or agents, or to replace same in the event of any loss or damage from any cause whatever. Coverage shall extend to acts or occurrences occurring in or upon the Property or surrounding premises that are related to INRCOG's actions or business. City shall be named as an additional insured on any such policy, and the policy shall include a waiver of subrogation. The policy shall provide for at least 30 days' prior written notice to City before cancellation of any policy. INRCOG shall provide proof of insurance to City upon execution of this Agreement and annually thereafter upon City's request. Page 23 of 337 6. Indemnification by INRCOG. INRCOG agrees to indemnify, defend and hold harmless the City of Waterloo, Iowa, its officers, elected officials, employees, and agents (collectively, "City Parties"), from and against any and all claims, demands, causes of action, costs, expenses, fines, fees, penalties, losses, damages or liabilities or any type or nature whatsoever, including but not limited to reasonable attorneys' fees and expenses, that arise from or in connection with use of the Property and all related activities of or by INRCOG, its officers, directors, employees, and agents (collectively, "INRCOG Parties"), except to the extent attributable to the gross negligence or willful misconduct of a City Party. This paragraph shall survive the expiration or termination of this Agreement for any reason. 7. Indemnification by City. City agrees to indemnify, defend and hold harmless the INRCOG Parties from and against any and all claims, demands, causes of action, costs, expenses, fines, fees, penalties, losses, damages or liabilities or any type or nature whatsoever, including but not limited to reasonable attorneys' fees and expenses, that arise from or in connection with the gross negligence or willful misconduct of a City Party. This paragraph shall survive the expiration or termination of this Agreement for any reason. 8. Term and Termination. The term of this Agreement shall commence upon execution of the Agreement by both parties and shall continue until and including December 31, 2026. The term shall be automatically extended on a year-to-year basis thereafter unless either party provides at least 60 days' advance written notice to the other party of its intent to terminate. In addition, City may terminate this Agreement at any time upon 90 days' advance written notice to INRCOG if City needs the Property for development purposes. 9. Assignment and Subletting. The rights granted to INRCOG in this Agreement are personal to INRCOG, and INRCOG may not sublet or assign this Agreement or any interest in the Property without the prior written consent of City. 10. Relationship of Parties. 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 parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 11. General Terms. This Agreement is the entire agreement of the parties with respect to the subject matter hereof, superseding all prior or contemporaneous discussions, understandings, promises or agreements between the parties. It may be amended only by a written instrument signed by both parties. This Agreement is binding on the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Property Use Agreement by their duly authorized representatives as of the last date of signature below. [signatures on next page] 2 Page 24 of 337 CITY OF WATERLOO, IOWA IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk Date: 3 oon, Executive Director Date: /D " 11/ Page 25 of 337 EXHIBIT "A" Property Description That part of Lot 3, Block 64, Anthony Baker's Addition, City of Waterloo, Iowa, lying Southwesterly of the Southwesterly toe of the Cedar River levee. Page 26 of 337 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 October 21, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Crossroads Waterloo Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing an amendment to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on November 1st. The hearing is getting set for November 18th. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 27 of 337 ATTACHMENTS 1. Crossroads Waterloo Urban Renewal and Redevelopent Plan Project Amendment 2024 10-17- 24 Page 28 of 337 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On November 17, 2014, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 5253 and on November 10, 2014 adopted Resolution No. 2014-965, and amended by Resolution No. 2019-516, adopted July 8, 2019, amended by Resolution No. 2019-517, adopted July 8, 2019, and amended by Resolution No. 2020-521, adopted July 17, 2020, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the amended and restated Crossroads Waterloo Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan"). B. The City desires to amend the Plan to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the Crossroads Waterloo Urban Renewal and Redevelopment Plan, as previously amended and restated, is hereby further amended as follows: 1. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment K (notice of public hearing published) Attachment L (notice of public hearing posted) Page 29 of 337 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2024. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 30 of 337 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 October 21, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on November 1st. The hearing is getting set for November 18th. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 31 of 337 ATTACHMENTS 1. East Unified UR plan 2024 project amendment 10-17-24 Page 32 of 337 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO EAST WATERLOO UNIFIED URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. Whereas on December 14, 2015, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 5323 and on December 7, 2015 adopted Resolution No. 2015-931, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Amended and Restated East Waterloo Unified Urban Renewal and Redevelopment Plan of the City of Waterloo, Iowa (the "Plan"), which includes the areas formerly designated as urban renewal areas under the Urban Renewal Plans for the Airport Area Development Plan Urban Renewal Area (the "Airport Plan Area"), as amended, and the Logan Avenue Urban Renewal and Redevelopment Plan Urban Renewal Area (the "Logan Plan Area"), as amended. B. The City desires to amend the Plan to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the East Waterloo Unified Urban Renewal and Redevelopment Plan is hereby further amended as follows: 1. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment K (published notice of public hearing) Page 33 of 337 Attachment L (posted notice of public hearing) 3. Except as modified by this amendment, the Plan shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2024. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 34 of 337 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 October 21, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing an amendment to the Martin Road Development Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on November 1st. The hearing is getting set for November 18th. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 35 of 337 ATTACHMENTS 1. Martin Rd Urban Renewal 2024 Project Amendment 10-17-24 Page 36 of 337 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO MARTIN ROAD DEVELOPMENT PLAN RECITALS A. On October 7, 1996, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 4204 and adopted Resolution No. 1999-499, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Martin Road Development Plan of the City of Waterloo Iowa (the "Plan") (Original area). In accordance with Iowa Code Chapter 403, the Original area was designated as an "Economic development area" as defined by Chapter 403, and the division of revenue provided in section 403.19 was limited to twenty years, and has expired, excluding that portion of the Original area included in a subsequent amendment. B. On August 9, 2004, the City Council adopted Ordinance No. 4708 and Resolution No. 2004-522, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On October 27, 2014, the City Council adopted Ordinance No. 5249 and on October 20, 2014 adopted Resolution No. 2014-903, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. On April 4, 2016, the City Council adopted Ordinance No. 5343 and on March 21, 2016 adopted Resolution No. 2016-197, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 3 area) (also referred to as March 2016 Additions Area). E. On November 14, 2016, the City Council adopted Ordinance No. 5373 and Resolution No. 2016-904, to amend the Plan by removing area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 4 removal area) (also referred to as November 2016 Removal Area). Page 37 of 337 F. On November 28, 2016 the City Council adopted Ordinance No. 5376 and on November 14, 2016 adopted Resolution No. 2016-905, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 5 area) (also referred to as November 2016 Additions Area). G. On June 20, 2022 the City Council adopted Ordinance No. 5647 and Resolution No. 2022-376, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 6 area). H. The City desires to amend the Plan again to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the Martin Road Development Plan, as previously amended, is hereby further amended as follows: 1. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity (Attachment C), and project budgets (Attachment D). 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment K (published notice of public hearing) Attachment L (posted notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2024. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 38 of 337 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 October 21, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing an amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on November 1st. The hearing is getting set for November 18th. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 39 of 337 ATTACHMENTS 1. Northeast Urban Renewal 2024 Project Amendment 10-17-24 Page 40 of 337 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On February 15, 1993, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 3925 and on February 8, 1993 adopted Resolution No. 1993-57, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Northeast Industrial Area Development Plan of the City of Waterloo Iowa (the "Plan") (Original area). B. On April 26, 2004, the City Council adopted Ordinance No. 4688 and Resolution No. 2004-254, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On October 12, 2015, the City Council adopted Ordinance No. 5309 and on October 5, 2015 adopted Resolution No. 2015-801, to amend the Plan by enlarging the area included therein, renaming the Plan as the Northeast Industrial Area Urban Renewal and Redevelopment Plan, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. On December 11, 2017 the City Council adopted Ordinance No. 5429 and on November 27, 2017 adopted Resolution No. 2017-962, to amend the Plan by reducing the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects for other purposes (Amendment No. 3 removal area). E. On December 11, 2017 the Council adopted Ordinance No. 5430 and on November 27, 2017 adopted Resolution No. 2017-963, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 4 area). F. On August 20, 2018, the City Council adopted Ordinance No. 5464, and on August 6, 2018 adopted Resolution No. 2018-584, to amend the Plan by enlarging the Page 41 of 337 area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 5 area) G. The City desires to amend the Plan again to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the Northeast Industrial Area Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment K (published notice of public hearing) Attachment L (posted notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2024. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 42 of 337 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 October 21, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing an amendment to the Rath Urban Renewal and Redevelopment Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on November 1st. The hearing is getting set for November 18th. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 43 of 337 ATTACHMENTS 1. Rath Urban Renewal 2024 Project Amendment 10-17-24 Page 44 of 337 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO RATH URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On November 19, 1990, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 3749 and Resolution No. 1990-644, determining that certain areas (the "Original Area") located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Rath Area Redevelopment Plan of the City of Waterloo, Iowa (the "Plan"). B. On June 14, 2004, the City Council adopted Ordinance 4697 and Resolution No. 2004-372, to amend the Plan by extending the property included therein (the "Amendment No. 1 Area") renaming the Plan as the Rath Urban Renewal and Redevelopment Plan, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes. C. On July 6, 2009, the City Council adopted Ordinance 4949 and Resolution No. 2009-633, to amend the Plan by extending the property included therein (the "Amendment No. 2 Area"), and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes. D. On December 19, 2022, the City Council adopted Ordinance 5676 and on December 5, 2022, the City Council adopted Resolution No. 2022-742, to amend the Plan by extending the property included therein (the "Amendment No. 3 Area"), and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes. E. The City desires to amend the Plan again to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the Rath Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: Page 45 of 337 1. Attachments C, and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment J (resolution adopting this amendment) Attachment L (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2024. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 46 of 337 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 October 21, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the University Avenue Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing an amendment to the University Avenue Area Urban Renewal and Redevelopment Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on November 1st. The hearing is getting set for November 18th. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 47 of 337 ATTACHMENTS 1. Universitiy Urban Renewal 2024 Project Amendment 10-17-24 Page 48 of 337 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO UNIVERSITY AVENUE AREA URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On March 1, 2021, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 5588 and Resolution No. 2021-125, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the University Avenue Area Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan"). B. The City desires to amend the Plan to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the University Avenue Area Urban Renewal and Redevelopment Plan, as previously amended and restated, is hereby further amended as follows: 1. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment K (notice of public hearing) 3. Except as modified by this amendment, the Plan shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2024. Page 49 of 337 ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 50 of 337 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as November 18, 2024, to approve an amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and setting date of consultation with taxing entities as November 1, 2024, and other general updates to the Plan, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing an amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on November 1st. The hearing is getting set for November 18th. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 51 of 337 ATTACHMENTS 1. Downtown Urban Renewal 2024 Project Amendment 10-17-24 Page 52 of 337 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. Whereas on December 23, 1974, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 2723 which was amended by Resolution No. 1996-804, adopted December 16, 1996, amended by resolution 2001-394, adopted on August 6, 2001, amended by Resolution No. 2003-225, adopted on April 7, 2003, amended by Resolution No. 2011-1109, adopted December 5, 2011, amended by Resolution No. 2014-966, adopted November 10, 2014, amended by Resolution No. 2015-632, adopted August 10, 2015, and amended by Resolution No. 2017-772, adopted September 18, 2017, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan"). B. The City desires to amend the Plan again to include new urban renewal projects and to update related information in the Plan. AMENDMENT NOW THEREFORE, the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments C and D to the Plan are hereby stricken in their entirety, and the new Attachments C and D which are attached hereto are substituted in their place so that the Plan shows current information about bonding capacity and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Page 53 of 337 Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment K (published notice of public hearing) Attachment L (posted notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2024. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 54 of 337 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 October 21, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as November 18, 2024, to approve Amendment No. 7 to the San Marnan Urban Renewal and Redevelopment Plan, to remove properties from the TIF area, and setting date of consultation with taxing entities as November 1, 2024, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The San marian Urban Renewal and Redevelopment Plan is being amended to remove two properties from the existing TIF boundary. By separate action, it is proposed that these areas will be put back into the TIF boundary. The end result of the amendments will not increase the area of the existing TIF boundary. The areas being removed and then put back in the TIF are currently being developed, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from the development would be captured by the TIF. This would appear to be the best model to accomplish economic development of the area. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on November 1st. The hearing is getting set for November 18th. The Planning, Programming and Zoning Commission will review the proposed amendment at their regular meeting on November 12, 2024. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 55 of 337 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Amendment No. 7 removal area (2024) Lot 8 of San Marnan Business Park First Addition; Also; That part of the Northeast Quarter of Section 9, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, lying Westerly of Johnathan Street and lying Northerly of Tower Park Drive and lying Southerly of Parcel "G" of Plat of Survey Do. #2005-7650. ATTACHMENTS 1 San Marnan Urban Renewal and Redevelopent Plan Amendment 7 2014 Area to be Removed 2. San Marnan TIF Amendment 7 Attachment A Removal 3. San Marnan TIF Amendment 7 Attachment A Zoom 1 Removal Page 56 of 337 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT 7 TO SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On April 19, 1999, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 4351 and on July 26, 1999 adopted Resolution No. 1999- 499, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the San Marnan Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan")(Original area). B. On December 13, 2004, the City Council adopted Ordinance 4748 and Resolution No. 2004-835, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On September 14, 2009, the City Council adopted Ordinance 4956 and Resolution No. 2009-912, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. On December 18, 2017, the City Council adopted Ordinance 5431 and on November 27, 2017, adopted Resolution No. 2017-964, in which it was agreed to amend the Plan by removing property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 3 area). E. On December 18, 2017, the City Council adopted Ordinance 5432 and on November 27, 2017, adopted Resolution No. 2017-965, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 4 area). F. On July 22, 2019, the City Council adopted Ordinance 5507A and on July 8, 2019, adopted Resolution No. 2019-518, in which it was agreed to amend the Plan by Page 57 of 337 extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No.5 area). G. On July 13, 2020, the City Council adopted Ordinance 5564 and Resolution No. 2020-522, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 6 area). H. The City desires to amend the Plan again to reduce the area included therein and to update related information in the Plan. Said amendment may be referred to as Amendment No. 7 removal area. AMENDMENT NOW THEREFORE, the San Marnan Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments A and B to the Plan are hereby stricken in their entirety, and the new Attachments A and B which are attached hereto are substituted in their place so that the Plan shows the current legal description and map, describing and depicting the boundaries of the San Marnan Urban Renewal and Redevelopment Plan and TIF District, as amended. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning resolution) Attachment H (notice of consultation) Attachment J (resolution adopting this amendment) Attachment K (ordinance adopting amended TIF district) Attachment L (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2024. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 58 of 337 III®uiiinniiiin �I-�IF111 s.' "Pai ■■■..IIIIIIIIII ■mno. 111111111.. 11111111111 11111111 P \ \\\a \ 11111111111 ,II^III LJLJ 11--1 1 I 11111 I IIim w.... mom' • E : :u U Jo ttachment A - San Marnan Development Plan Area T.I.F. District Removal muunix • 0 ■ ■ si �*$ • • I�4i or IIiii■■■■■i. II11 LL — _. — c� 0 CZ 0 z 1 3 1111111 111114, 4411 11. MEM MIN 1111111 1111111 1111111 1111111 MME MEM mr► laud Elm ► TIPS - ` 1 coMI■■M L a IMMO 1 WA IMMIi\_ mil •1 I IN NI =!111. ill :.I = .111' IIIIIIIIIm!IIIv� k. „_� GO I _;�.��!� .■ .. 1m uunuu■• Inv ■ . ■ ..... 11111111111111 W SHAULIS RD 1 0.15 0.3 0.6 0.9 1.2 LI Mile ■_ J 1111111111 ORANGERDJUIA, ..Q 0 AMPr IMP timu "it • __w.`-w • -• ■■ _�..■ 1 1 • ■ 1 - 11111 1.11 11 E SHAULIS RD ■1■■I■■1• - fr— �I. .■ TAITellip7ID 380 -1 k** ri\J 1(, 1 Ni - X I ��-•E ORANGE RD I IJ III / 1 O cr 0) W Removed Areas Existing TIF District Boundar gel,'J-9 T 1= 11 Attachment A - San Marnan Development Plan Area T.I.F. District Removal HOME �� F`HER DR 220 440 880 1,320 Feet EXCELSIOR LN-' W SAN MARNAN DR -BROOKERIDGE DR_ J, R, Z FISHER DR co' Z• Z_• ® Removed Areas Existing TIF DistrictBoundary CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Resolution setting date of public hearing as November 18, 2024, to approve Amendment No. 8 to the San Marnan Urban Renewal and Redevelopment Plan, to expand the boundaries and to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entries as November 1, 2024, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION By separate action, the San Marnan Urban Renewal and Redevelopment Plan is proposed to be amended to remove two properties from the existing TIF boundary. This amendment will put those areas back into the TIF boundary. The end result of the amendments will not increase the area of the existing TIF boundary. The areas being removed and then put back in the TIF are currently being developed, and the amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from the development would be captured by the TIF. This would appear to be the best model to accomplish economic development of the area. Staff is also proposing the amendment to include additional urban renewal projects and to update related financial summaries of bonding capacity, and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on November 1st. The hearing is getting set for November 18th. The Planning, Programming and Zoning Commission will review the proposed amendment at their regular meeting on November 12, 2024. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 61 of 337 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Amendment No. 8 area (2024) Lot 8 of San Marnan Business Park First Addition; Also; That part of the Northeast Quarter of Section 9, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, lying Westerly of Johnathan Street and lying Northerly of Tower Park Drive and lying Southerly of Parcel "G" of Plat of Survey Do. #2005-7650. ATTACHMENTS 1 San Marnan Urban Renewal and Redevelopent Plan Amendment 8 2014 Area 2. San Marnan TIF Amendment 8 Attachment A Expansion 3. San Marnan TIF Amendment 8 Attachment A Zoom 1 Expansion Page 62 of 337 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT 8 TO SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On April 19, 1999, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 4351 and on July 26, 1999 adopted Resolution No. 1999- 499, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the San Marnan Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan")(Original area). B. On December 13, 2004, the City Council adopted Ordinance 4748 and Resolution No. 2004-835, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On September 14, 2009, the City Council adopted Ordinance 4956 and Resolution No. 2009-912, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. On December 18, 2017, the City Council adopted Ordinance 5431 and on November 27, 2017, adopted Resolution No. 2017-964, in which it was agreed to amend the Plan by removing property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 3 area). E. On December 18, 2017, the City Council adopted Ordinance 5432 and on November 27, 2017, adopted Resolution No. 2017-965, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 4 area). F. On July 22, 2019, the City Council adopted Ordinance 5507A and on July 8, 2019, adopted Resolution No. 2019-518, in which it was agreed to amend the Plan by Page 63 of 337 extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No.5 area). G. On July 13, 2020, the City Council adopted Ordinance 5564 and Resolution No. 2020-522, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 6 area). H. On , 2024, the City Council adopted Ordinance No. and Resolution No. - , in which it was agreed to amend the Plan by reducing the area included therein (Amendment No. 7 removal area). I. The City desires to amend the Plan again to enlarge the area included therein and to update related information in the Plan. Said amendment may be referred to as Amendment No. 8 area. AMENDMENT NOW THEREFORE, the San Marnan Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments A, B, C and D to the Plan are hereby stricken in their entirety, and the new Attachments A, B, C and D which are attached hereto are substituted in their place so that the Plan shows the current legal description, map, current information about bonding capacity, and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning resolution) Attachment H (notice of consultation) Attachment J (resolution adopting this amendment) Attachment K (ordinance adopting amended TIF district) Attachment L (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2024. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 64 of 337 ///// T1--i 1 1 11111 1 Ilk=1--1111=RIHiIC 11=11 I� 1 rl l 111=111=1=1uiifHui iifulL1= y' I1:1_111— 11=1=111 li uniniIII Ifni niiihiiuumi ttachment A - San Marnan Development Plan Area T. VAN MILLER WAY u_ 0 x 0.15 0.3 JJ M111111111= II "I 111.1 �i.'I 1111111 �� 1111111 M- 1111111 .n 1111111 1.2 Miler 11 1' W ORANGE RDJ U 1 ■•I•I 11111111111111 I = ESHAULISRD r----1 1 �v I f'L—'E ORANGE RD u Ili / ��:� ylr ? T \ \\\ \ \ '1 11 1 11 1 11 11 1 111 F. District Added Areas Existing TIF District Boundar gel EIS u . _7 If I= OC HOME �� 0 ttachment A - San Marnan Development Plan Area T.I.F. District z -2yM�DR U 0) 0 a ;0 zr cc m' J EXCELSIOR LN-' / W SAN MARNAN DR J -BROOKERIDGE DR_ J, R, z a, m co I cc co cc 0 220 440 880 1,320 Feet ®Added Areas Existing TIF DistrictBoundary CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bill Beck, Fire Chief October 21, 2024 Fire Rescue Department AGENDA ITEM TITLE Resolution approving the acceptance of a public service grant from the Waterloo Elks Lodge in the amount of $4,000.00, for youth safety and education. 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 67 of 337 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Resolution approving the contract, bonds, and certificate of insurance with Shift General Contracting, of Cedar Rapids, Iowa, in conjunction with the FY 2025 Martin Luther King, Jr. Drive Wetland A Restoration, Contract No. 1109, 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 ATTACHMENTS 1. +MLK Wetland A - Contract Page 68 of 337 2. +MLK Wetland A - Payment Bond 3. +MLK Wetland A - Performance Bond 4. +MLK Wetland A - Certificate of Insurance Page 69 of 337 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF MLK WETLAND A RESTORATION PROJECT CITY OF WATERLOO, IOWA CONTRACT NO. 1109 This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Shift General Contracting of Cedar Rapids, Iowa , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the MLK WETLAND A RESTORATION PROJECT, Contract No. 1109, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before June 30, 2025 . PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or FORM OF CONTRACT CONTRACT NO. 1109 AECOM 60616518 Page C-1 OF 4 MLK Wetland A Restoration Project Page 70 of 337 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the FORM OF CONTRACT CONTRACT NO. 1109 AECOM 60616518 Page C-2 OF 4 MLK Wetland A Restoration Project Page 71 of 337 amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ 349,172.14 . PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT CONTRACT NO. 1109 Page C-3 OF 4 AECOM 60616518 MLK Wetland A Restoration Project Page 72 of 337 CITY OF WATERLOO, IOWA Mayor City Clerk Shift General Contracting Contractor BY: Titl r-C S Approved by the City Council of the City of Waterloo, Iowa, this day of , 20, ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT CONTRACT NO. 1109 AECOM 60616518 Page C-4 OF 4 MLK Wetland A Restoration Project Page 73 of 337 Bond No. 107967690 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Shift Companies L.L.C. (Name of Contractor) 4812 Harvest CT SW, Cedar Rapids, IA 52404 (Address of Contractor) a Corporation (Corporation, Partnership or Individual) and, Farmington Casualty Company , hereinafter called Principal, (Name of Surety) One Tower Square, Hartford, CT 06183 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Three Hundred Forty -Nine Thousand One Hundred, Seventy -Two and 14/100 Dollars $ $349,172.14 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of: MLK WETLAND A RESTORATION PROJECT CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1109 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. - PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be AECOM #60616518 PAYMENT BOND CONTRACT NO. 1109 Page PB-1 OF 2 MLK Wetland A Restoration Project Page 74 of 337 performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in Three (3) (number) counterparts, each one of which shall be deemed an original, this the day of , 20 ATTEST: (Principal) sjcretary (SEAL) ess as to Princip I 1ail 16,; 0“-k f 14 S ;12-a 2 (Address) ATTEST: Witness as Surety Michelle Morrison Holmes, Murphy and Associates LLC 2727 Grand Prairie Parkway Waukee, IA 50263 (Address) Shift Companies L.L.C. By Principal (s) 4812 vest CT SW (Address) Cedar Rapids, IA 52404 Farmington Casualty Compan Holmes, Murphy 2727 Grand Pra (Address) Waukee, IA 50263 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND CONTRACT NO. 1109 AECOM #60616518 Page PB-2 OF 2 MLK Wetland A Restoration Project Page 75 of 337 Bond No. 107967690 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Shift Companies L.L.C. of Ceddar Rapids, IA (the "Principal"), and Farmington Casualty Company of Hartford, CT (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Three Hundred Forty -Nine Thousand One Hundred, Seventy -Two and 14/100 Dollars ($ S349,172.14 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of MLK Wetland A Restoration Project, City of Waterloo, IA - Contract No. 1109 . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. PERFORMANCE BOND CONTRACT NO. 1109 AECOM 60616518 Page PFB-1 OF 2 MLK Wetland A Restoration Project Page 76 of 337 Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL Shift Companies L.L.C. Name By�J Tine: Ff`1'Sirn.""� SURETY Farmington Casualty Company [attach P; "er of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PERFORMANCE BOND CONTRACT NO. 1109 AECOM 60616518 Page PFB-2 OF 2 MLK Wetland A Restoration Project Page 77 of 337 Client#: 70871 SHICOMPC ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)10/03/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Holmes Murphy - PC WKEE Select 2727 Grand Prairie Pkwy Property Casualty/Select-DM Waukee, IA 50263 CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): ADDRESS:Aselectcertificate@holmesmurphy.com INSURER(S) AFFORDING COVERAGE NAIC # Continental Western Group A : 10804 INSURED Shift Companies L.L.C. 4812 Harvest Ct SW Cedar Rapids, IA 52404 INSURER B : James River Insurance Company 12203 Hanover Insurance Group INSURER C : p 22292 INSURER D : Navigators Specialty Insurance Company 36056 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE NSR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X CPA3311427 06/01/2024 06/01/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR PREMISES Ea RENTED $100,000 MED EXP (Any one person) $ X BI/PD Ded:1,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE X LIMIT APPLIES PR - PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY CPA3311427 06/01/2024 06/01/2025 (Ea aocideD) INGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CPA3311427 06/01/2024 06/01/2025 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 DED X RETENTION $0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N y N / A WCA3311492 06/01/2024 06/01/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 B A D Excess Liability Contractors Equ Pollution Liab 00155469 CPA3311427 SF23ECP000825NC 06/01/2024 06/01/2024 09/06/2023 06/01/202 06/01/202 09/06/2024 4,000,000/$4,000,000 See Below $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) **Other Lines Information** Builder's Risk C IHXJ540877 Eff Date: 09/01/2023 Exp Date: 09/01/2024 $1,347,000 Limit (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ste. Q* c am ACORD 25 (2016/03) 1 of 2 #S840036/M835131 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BENM1 Page 78 of 337 DESCRIPTIONS (Continued from Page 1 Leased and Rented Equipment A CPA3311427 Eff Date: 06/01/2024 Exp Date: 06/01/2025 $250,000 Limit RE: FY 2025 Martin Luther King, Jr. Drive Wetland A Restoration Project, Contract No. 1109 The City of Waterloo and AECOM Technical Services, Inc. are an Additional Insured to the General Liability as required by written contract with the insured, per policy terms and conditions. SAGITTA 25.3 (2016/03) 2 of 2 #S840036/M835131 Page 79 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Public Works Department October 21, 2024 AGENDA ITEM TITLE Resolution approving the sale of used equipment from the Public Works 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 1. Units to sell via PurpleWave 10.2024 Page 80 of 337 PROPOSED UNITS TO SELL ON PURPLE WAVE • LOT OF TEN FEDERAL SIGNAL TOP LIGHT BARS o OLDER USED PD LIGHTS THAT ARE NO LONGER IN USE. • 155N04 VERMEER HAMMER MILL WITH MAINTENANCE FILTERS AND SPARE TEETH AND HAMMERS. o HAS BEEN REPLACED BY A NEW UNIT AND IS NO LONGER NEEDED TO PERFORM DAILY TASK. • 194M03 2006 FERGUSON TOWED ROLLER o HAS BEEN REPLACED BY MORE EFFICIENT ROLLERS BETTER SUITED TO OUR WORKLOAD • 191824 KARAVAN 2990LBS GVWR SINGLE AXLE TRAILER o DOWNSIZING FLEET AND IS NOT BEING USED ENOUGH • 191118 CRAFCO EZ1000EB CRACKSEALER o WORN OUT AND REPAIRS COST MORE THAN VALUE OF THE UNIT. WE HAVE A 2019 MODEL AS WELL. • JOHN DEERE CP16 COLD PLANER 16" Page 81 of 337 o UNIT IS 14YEARS OLD AND HAS BEEN UPDATED WITH A NEW MODEL • ROLLING PLATFORM ALUMINUM LADDER o HAS BEEN REPLACED BY A SCISSOR LIFT • 410104 1995 F250 2WD. o HAS BEEN REPLACED BY A NEW UNIT. Page 82 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing two Chevy Colorado's, in the amount of $69,375.60 from Karl Chevrolet, for the Police Department. RECOMMENDED COUNCIL ACTION Requesting approval of purchase. SUMMARY STATEMENT AND BACKGROUND INFORMATION Ordering 2 Chevy Colorado's on behalf of Police Department for their vehicle replacement program / lease buyout. This is a State Bid purchase. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 20241009152043291 Page 83 of 337 Page 84 of 337 1101 S.E- OAALABOR ROAD ANKENY, IOWA 50021 www.karlchevrolel.corn PHONE (515) 984-4255 TOLL FREE 1.800-622.8284 SALMON GOVERNMENT DEAL rff. n 1,3 I0) 7O Uf3 3 SALES.EAl1 CI0/08/2024 nntn WST u IAST col 1,111 r r,5T in eAST ra (319) 215-8080 CITY OF WATERLOO ita STREET AMASS 625 GLENW00D ST - - rM(319)215-8080 air MINTY STATE DPEADE , WATERLOO EBLACKHAVIK IA 50703-4063 cusiouERs 123494 If All IDHUSED LAME LTaDEE 1st EROI CaOri E.EEACE STOCK NO 2024 NEW CHEVROLET TRUCK COLORADO WHITE SUMNI 12 26819 sk,En 10CPT8EK5R1286883 CAA 366672 richard.strange@WATERLOO-IA.ORG rem MIX PDCE 34687. 80 Iowa law requires us to give you the foIlouling notice: You understand that liability insurance coverage which would protect you under the Iowa Motor Vehicle and Safely Responsibility Act IS NOT INCLUDED in your purchase of this motor vehicle. i1 Is customer's responsibility to notify their insurance company of any changes. DOCUMENTARY FEE. A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO A BUYER FOR THE PREPARATION OF DOCUMENTS AND THE PERFORMANCE OF RELATED SERVICES. THE MAXIMUM AMOUNT THAT MAY BE CHARGED FOR A DOCUMENTARY FEE IS DETERMINED BY IOWA CODE SECTION 322.19A. THIS NOTICE I5 REQUIRED BY LAW. The vehicle is not being purchased for export or resale and allows a refund from the customer of any GM moneys paid should that customer resell or export a GM vehicle without the dealers knowledge. Government Sales / Comm Fleet We agree that: (1) Iransactions where multiple cars are purchased by a single purchaser and payment is delayed ("Bulk Deferred Transactons') are not ordinary course transactions; (2) the Dealership's lender, Ally Bank (along with its affiliates, ('Lender')), has not authorized the Dealership to sell or otherwise dispose of (and has not consented to the sale or other disposition of) vehicles in Bulk Deferred Transactions free of its security interest in the vehicles; (3) the purchase of vehicles in Bulk Deferred Transactions free of the security interest of Lender would violate the terms of the Dealership's financing documents with Lender and the rights of Lender would violate the terms of the Dealership's financing documents with Lender and the rights of Lender in the vehicles; (4) the Purchaser is not a `buyer in ordinary course of business" as defined in the Uniform Commercial Code; and (5) accordingly, the safe of vehicles by the Deatership to the Purchaser in Bulk Deferred Transactions will not extinguish Lenders security interest in the vehicles. Lender's security interest in a vehicle will automactically extinguish when payment is made for that vehicle. This provision may only be changed by written notice from Lender. C41.11WE srnr rr\n.f1E s 34687 .8❑ USEOYEIYCEE AIIellANCE TRADE uNfl of (RAPE -II An magi 1 N/A usEOYEHFCtE AILOWAlYCE TRADE: 'AM of TRAT)E.IY YEAR IEEIQFE SERA , N /A USEOrEIRCIE AEIONARCE TRADE WAX of IRAOE-:a TIA`i 1ODEL SF RUE A r N/A FE.wAcluErtRsrKal( s N/A You understand that This agreement (including the terms on the back) is an offer to purchase the veh'cte described which will become a binding contract once the dealer has signed It. Thls document represents the complete agreement between you and the dealer regardless of any other oral, written or prior agreements or representations. However, if you are buying a used vehicle, the Information you see on the window form for this vehicle is part of the contract and tho Information on the window form overrides any contrary provisions in this contract. By signing this contract, you aro certifying that you are at least 18 years old (if there aro two buyers, that at least one of you is 18 years old), that you have read this contract front and back, and agree to its terms, and that you have received a copy of it. TRADE 061E11EECE 1 34687. 80 6ElAnCE OLEO OH TRAD 4.4 r N/A s 51ATE S EOx uTAEs N/A E N/A Mly1RA14N FEE $ N/A met EEE s N/A !RAWER lit N/A NQ4 KURE DOQIUENTATION STE f N/A CO4 P 11RYhhOF WATERLOO IoTAE DELIVTl1EO EFOCE $ 34687.80 x 1i li�O S1.We - [Jg11XMLl r N/A ° I17150113243UEU_ Pa X / CASIIDNOTIIkERY r N/A K.T... srn.. % e 85 of 337 1101 S.E. ORALABOR ROAD ANKENY, IOWA 50021 www.kadchevrolel.com 5A1rSW 1 GOVERNMENT DEAL S+LE3 /A1 EAYfkn r�fZE CITY OF WATERLOO .r LASE COf+lIF11 rin5f LAST PHONE (515) n54.4255 TOLL FREE 1.800.622.8264 FAX (515) 964-0845 110/08/2024 "(319)215-13080 STI=EE7 MOfCSS 625 GLENWOOD ST m (319)215-8080 cur WATERLOO mom BLACKHASIK SIASE IA .P Ecec 50703-4063 cusmvEn • 123494 YEAR Niwtr!FEY EATEROR Gunn PLUG( 2024 NEW CHEVROLET TRUCK gZato 1GCPTBEK2R1286890 1011E WI PIS,GE COLORADO WHITE SUNIlI 12 tArt MK. 366671 Irichard.strange@WATERLOO-IA.ORG 34687.80 26822 Iowa law requires us to give you the following notice: You understand that Liability insurance coverage which would protect you under the Iowa Motor Vehicle and Safety Responsibility Act IS NOT INCLUDED in your purchase of this motor vehicle. It is customer's responsibility to notify their insurance company of any changes. DOCUMENTARY FEE. A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO A BUYER FOR THE PREPARATION OF DOCUMENTS AND THE PERFORMANCE OF RELATED SERVICES. THE MAXIMUM AMOUNT THAT MAY BE CHARGED FOR A DOCUMENTARY FEE I5 DETERMINED BY IOWA CODE SECTION 322.19A, THIS NOTICE IS REQUIRED BY LAW. The vehicle is not being purchased for export or relate and allows a refund from the customer of any GM moneys paid should that customer resell or export a GM vehicle without the dealer's knowledge. CA.Vi 511E FACE OF 1Er10.E s 34687.80 USCG ENCLEASICN.IIICE 1RADE 1 1 .JI Dr IRADt-N YEAR MOOR SE rim. N/A US(OYENXLE AllataNGE TRADES ttaKEOr IPADE N YTM iI0Dt1 SE rem. . N/A ul(OYENKLE AtLOW111GE TRADE 3 stAKE MAMA YEAR won. SEEUL 1 N/A LWiX/CRI.Yn S r.[AME N/A Government Sales / Comm Fleet We agree that: (1) transactions where multiple cars are purchased by a single purchaser and payment is delayed (-Bulk Deferred Transactons") are not ordinary course transactions; (2) the ❑ealership's lender, Ally Bank (along with its affiliates, (`Lender")), has nol authorized the Dealership to sell or otherwise dispose of (and has not consented to the sale or other disposition of) vehicles In Bulk Deferred Transactions free of its security interest in the vehicles; (3) the purchase of vehicles in Bulk Deferred Transactions free of the security interest of Lender would violate the terms of the Dealership's financing documents with Lender and the rights of Lender would violate the terms of the Dealership's financing documents with Lender and the rights of Lender in the vehicles; (4) the Purchaser is not a `buyer in ordinary course of business" as defined in the Uniform Commercial Code; and (5) accordingly, the sale of vehicles by the Dealership to the Purchaser in Bulk Deferred Transactions will not extinguish Lender's security interest in the vehicles. Lender's security interest in a vehicle will aulomactically extinguish when payment is made for that vehicle. This provision may only be changed by written nonce from Lender. TrLADt LNTEIYNCE s 34687.84 "ual.CE MOON 1RAOE+C4 $ N/A s S1MCA1DU1 FIXES N/A $ N/A fNG6T IW ON FEE $ N/A IME FEE N/A kw.. rEE N/A You understand that This agreement (fncluding fhe terms on the back) is an offer to purchase the vehicle described which will become a binding contract once the dealer has signed it. This document represents the complete agreement between you and the dealer regardless of any other oral, written or prior agreements or representations. However, if you are buying a used vehicle, the information you see on the window form for this vehicle is part of the contract and the information on the window form overrides any contrary provisions in this contract. By signing this contract, you are certifying that you are at least 18 years old (€f there are two buyers, that al least one of you is 18 years old), that you have read this contract front and back, and agree to its terms, and that you have received a copy of it .I201-IA1UVI F EYDf%HNIMO I FFF s N/A TOTM DELIIENEO PRICE s 34687.80 CA91 DEi'0511 N/A tAS I oN DEL MR( N/A X y 4A'I'9° b0F WATERLOO riOiPs aw 15C94121lCtED. Pa )e 86 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Motion to receive and place on file the City of Waterloo's submitted 509A Application for Renewal and Statement of Actuarial Opinion for FYE 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This is for the annual self -insured group healthcare plans filing that is required to be completed within 90 days of the end of our fiscal year. We obtained the statement of actuarial opinion to be able to complete this report. It was found that our accumulated claim fluctuation reserve is sufficient to cover expected claims and expenses and that the plan's financial condition will be adequate to meet reasonably anticipated expenses. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 87 of 337 ATTACHMENTS 1. 509A Application for Renewal - Submitted FY24 2. City of Waterloo Certification 06_2024 Page 88 of 337 509A Application for Renewal 9/30/2024 1:04:21 PM Application for Renewal Grp) govgo Introducing Gov2Go®! Iowa Insurance Division is now offering Gov2Go® to give Iowans a more streamlined checkout process. Features include a shopping cart for multiple services, reminders, stored payments, and much more! Please note: Shopping cart will allow only one of this form to be submitted at a time. Service Fee: All payments have a $1.50 IOWAcess fee and a $.09 epayment fee. Credit card payments have an additional credit card fee of 2.5% of the total. Once payment is processed, the fee is nonrefundable. If you have questions regarding this form or the amount of your fee, please contact producer licensing at producer.licensing@iid.iowa.gov or 515- 654-6565. App Amount Owed: $100 Business Information Public Body Name: City of Waterloo Business Address Address Line 1: 715 Mulberry St Address Line 2: City: Waterloo State: Iowa Zip: 50703 Contact Information First Name: Bridgett Last Name: Wood Position Title: Finance Director Address Address Line 1: 715 Mulberry St Address Line 2: Page 89 of 337 City: Waterloo State: Iowa Zip: 50703 Phone Number: (319) 291-4323 Email Address: bridgett.wood@waterloo-ia.org Certificate of Compliance X The applicant is an Iowa public body self -funding its life and/or health plan. On behalf of the applicant, I certify that the plan meets the requirements of Iowa Code sections 509A.14 and 509A.15 and applicable provisions of the Iowa Administrative Code. Pursuant to Iowa Code section 509A.15(1), I am filing this application and certificate, on behalf of the applicant, with the Iowa Insurance Commissioner. A $100 filing fee is included with the required documents. Actuarial opinion [509A.15(1)(b)]: City of Waterloo Certification 06 2024.pdf X I acknowledge that the actuarial opinion must include, but is not limited to, a brief commentary about the adequacy of the reserves, rates, and the financial condition of the plan, a test of the prior year claim reserve, a brief description of how the reserves were calculated, and whether or not the plan is able to cover all reasonably anticipated expenses. The actuarial opinion shall be prepared, signed, and dated by a person who is a member of the American Academy of Actuaries. Pursuant to Iowa Code section 509A.15(1), the required documents are to be filed within 90 days following the end of our plan year. Iowa Code section 509A.15 states, "A penalty of fifteen dollars per day shall be assessed for failure to comply with the ninety -day filing requirement, except that the commissioner may waive the penalty upon a showing that special circumstances exist which justify the waiver." Number of days late with respect to this filing: 0 If the filing is late, was the Iowa Insurance Division notified and a waiver of the late filing fee granted?: Yes X No Late Fee: $0 Plan year beginning: 07-01-2023 Plan year ending: 06-30-2024 Does the plan comply with all applicable state and federal laws?: X Yes No Page 90 of 337 Does the actuarial opinion comply with the requirements contained in Iowa Code section 509A.15(1)(b)?: X Yes No Pursuant to Iowa Administrative Code rule 191-35.20(3), are state mandated benefits part of the plan design?: X Yes No Pursuant to Iowa Administrative Code rule 191-35.20(3)(g), is the plan protected by an aggregate stop -loss?: X Yes No Does it contain specific stop -loss?: X Yes No Name of Agent: DeVonne Harford Number of Participants (single contracts + family contracts): 569 Number of Written Complaints: 10 Third Party Administrator: Wellmark Blue Cross Blue Shield of Iowa Does a written complaint procedure exist pursuant to Iowa Code section 509A.15(1)(a)(3)?: X Yes No Have confidentiality of information rules been adopted pursuant to Iowa Code section 509A.15(2)?: X Yes No Attestation X The applicant agrees that if the resources of the plan are inadequate to fully cover claims under the plan, then the applicant is liable for any portion of the claim that is left unpaid. The applicant also understands that the Commissioner may disapprove or issue a Notice of Hearing against the plan for failing to comply with any of the requirements of Iowa Code sections 509A.14 and 509A.15 or Iowa Administrative Code rule 191-35.20(509A). Page 91 of 337 X I certify, on behalf of the applicant, that the information and statements provided in this filing are true and accurate. The applicant is an Iowa public body self -funding its life and/or health plan. I certify, on behalf of the applicant, that the plan meets the requirements of Iowa Code sections 509A.14 and 509A.15 and applicable provisions of Iowa Administrative Code. "Minimum plan standards for both pooled and single -employer public entities. Self -funded life plans subject to this rule shall meet the requirements of Iowa Code sections 509.1, 509.2, 509.4, and 509.15 and rules thereunder. Self -funded health plans subject to this rule shall meet the requirements of Iowa Code sections 509.1 and 509.3 and rules thereunder." Iowa Administrative Code rule 191-35.20(3). This means that self -funded plans for public body employees must provide the same benefits as fully insured plans - this only includes Iowa Code chapter 514C benefits. Financial Summary of Revenues As you enter the amounts below, do not include commas or dollar signs. Beginning Balance: $4939392 Total Revenues Total Contributions: $12366465 Interest Earned on Funds: $0 Specific Stop -Loss Recoveries: $3251849 Aggregate Stop -Loss Recoveries: $0 Other Sources of Revenue: $0 Financial Summary of Expenses Revenue Review Subtotal of Total Revenues: 15618314 Beginning Balance (Last Year's Ending Balance): 4939392 Total Revenues Plus Beginning Balances: 20557706 Total Expenses Claims Paid: $13429939 Third Party Administrative Expenses: $415085 Specific Stop -Loss Premiums: $1838227 Aggregate Stop -Loss Premiums: $11426 Bonding Expenses: $0 Actuarial Fees: $15500 Surplus Lines Tax (if Applicable): $0 Page 92 of 337 Other Permitted Expenses (Iowa Admin Code 191-35.20): $5283 Financial Summary of Accrued Items Expense Review Total Expenses Incurred: 15715460 Total Revenues Plus Beginning Balances: 20557706 Ending Balance: 4842246 Total Accrued Items Plus Stop -Loss Premiums Due and Unpaid: $155479 Plus TPA Expenses Due and Unpaid: $36022 Plus Other Items Due and Unpaid (specify): $5619 Plus Reserve For Incurred But Unpaid Claims (IBU): $926918 Plus Claims Fluctuation Reserve (CFR): $3705207 Less Stop -Loss Recoveries Due: $0 Plus Actuarial Fees Due and Unpaid: $13000 Grand Total: 1 Accrued Review Accrued Review Beginning Balance: $4939392 Ending Balance: 4842246 Total Accrued Items: 4842245 Amounts Due Amounts Due Total Amounts due for this application or renewal Late Fee Amount Due: 0 Application/Renewal Fee App Amount Owed: $100 Total Due: 100 Attestation Page 93 of 337 Attestation X I certify, under penalty of perjury, that all information submitted in this application and associated attachments is true and complete. I am aware that submitting false information or omitting pertinent or material information in connection with this application is grounds for license revocation or denial of the license and may subject me to civil or criminal penalties. Once you submit your payment, the Iowa Insurance Division will receive your submission and the fee is non-refundable. You will receive an email confirmation of your payment and submission. The Iowa Insurance Division will contact you after the submission has been reviewed. Fee Acknowledgement Fee Acknowledgement By selecting the boxes below, I acknowledge and agree to the following: X The fee associated with this application is $100. X All payments have a $1.50 IOWAcess fee and a $.09 epayment fee. Credit card payments have an additional credit card fee of 2.5% of the total. X Once I submit this form, all fees paid are non-refundable. P To print a copy of this submission for your records, please select Control (Ctrl) and 'P' on the keyboard. gov2go® Your personal assistant for government. The Iowa Insurance Division uses Gov2Go to offer Iowa citizens easy and quick access to state services from anywhere using the convenient Gov2Go app. Be sure to create a Gov2Go account at checkout to manage your government services in one convenient place. Gov2Go also: • • Securely stores payment information Page 94 of 337 • • Includes a shopping cart feature o Prevents duplicate submissions of the same form • • Manages receipts and specific documents • • Can enroll you to receive future reminders • • Guide you to discover other government services Gov2Go is an intuitive new service provided in partnership with the State of Iowa and NIC. Find out more information about Gov2Go or to download the mobile app here. Page 95 of 337 707 State Road Princeton, NJ 08540 USA 609-436-4874 www.ajg.com Gallagher Insurance I Risk Management I Consulting Statement of Actuarial Opinion City of Waterloo, IA I, Christopher Diorio, a Member of the American Academy of Actuaries and an Associate of the Society of Actuaries, am employed by GBS Healthcare Analytics, a division of Gallagher Benefit Services, Inc. I meet the Qualification Standards for health plan valuations and experience analyses set forth by the American Academy of Actuaries. I have been retained by the City of Waterloo for the purpose of estimating incurred but unpaid claims and other actuarial items related to its annual 509A filing as of June 30, 2024 with the State of Iowa. My work included an evaluation of the claim payment lag and the historical financial experience. I relied upon data provided by the City and its claim administrator. I did not audit the data but I did perform reasonableness tests to verify that in the aggregate the data is reasonable. In my opinion, the amounts held for reserves for incurred but unpaid claims and claim fluctuation reserves are computed using sound actuarial methods consistently applied and are fairly stated in accordance with sound actuarial principles. These figures are based on actuarial assumptions that are appropriate to financial statements prepared in accordance with State law and reasonable provision has been made for all actuarial reserves and related items that I believe are necessary. Furthermore, it is my opinion that, as of June 30, 2025, the plan's funding rates, taken in combination with the accumulated claim fluctuation reserve of $3.7 million, are sufficient to cover expected claims and expenses, and the plan's financial condition will be adequate to meet reasonably anticipated expenses. If there are any questions related to this opinion, I can be reached at the address and number shown on the letterhead above. Christopher Diorio, ASA, MAAA Date: September 30, 2024 Page 96 of 337 City of Waterloo, IA I. CLAIM RESERVES AND LIABILITIES A. BACKGROUND With a self -insured group medical plan, the plan is liable for all claims incurred under the plan, not just those that are processed for payment during the course of the plan year. The difference between when claims are incurred versus when they are paid is due to the lag in time between the day a service is provided and the date the claim is paid. The lag is due to: 1. The time that elapses between when medical services or goods are provided and when those services are billed (billing lag); 2. The time that passes between the billing to the patient and/or the provider network and the submission of the claim to the claims administrator (report lag); 3. The time that elapses between the receipt of the claim and the final adjudication of the claim (payment lag) At each step, there may also be a mail delay. The purpose of calculating claim reserves and liabilities is primarily to estimate the plan's liabilities for those claims that have been incurred but not yet paid. To do this, we analyze past patterns of length of total claim payment lag and project the amount of liability as of the end of the accounting period. For this report, this is June 30, 2024. B. ANALYSIS OF CLAIM LAG The first step in the process is to evaluate the historical pattern of claim payments. The result of this step is a lab chart showing the expected percentage of all the claims incurred in a given month that will have been paid by the end of each successive month. These percentages are known as completion factors. The results for the City of Waterloo are shown in the lag chart. C. CALCULATION OF CLAIM LIABILITY Next, the actual claims paid are sorted by incurred month, and the results for each month are divided by the appropriate completion factors to get expected incurred claims for each month. For the most recent months, the completion factors tend to be very small and unreliable, so the expected incurred clams are usually set by trending recent experience. The preliminary medical reserve estimate for each month is then developed by subtracting the claims already paid from the expected incurred claims for that month. Summing these results over all months yields the unadjusted medical reserve estimate. The pharmacy lag data for the City of Waterloo suggests that all claims are paid in the month after they are incurred, so we hold 1/2 of a month's worth of claims as the pharmacy component of the total reserve. We also hold 1 month's worth of dental claims in reserve. A 10% margin was included on all coverages. Combining the medical, pharmacy, dental and vision reserves yields the final claim reserve. D. AGGREGATE EXCESS LOSS COVERAGE As per the Iowa Code 191-35.20, the group should also fund the potential additional liability of 25% either by allocating necessary funds from the operating fund of the general fund or by setting up an additional reserve in the operating fund. Page 97 of 337 City of Waterloo, IA II. ADEQUACY OF RATES & FUNDING A. HISTORICAL The historical experience for the period ending June 30, 2024 was evaluated to determine the financial results and funding adequacy for that policy period. The results are shown in the following tables: Table 2 Experience Evaluation for July 1, 2023 through June 30, 2024 Contributions $12,366,465 Less: Net Claims Incurred (1) $10,327,433 Less: Expenses $2,285,521 Plus: Investment Earnings $0 Addition (Reduction) to Claim Fluctuation Reserve ($246,489) (1) Net Claims Incurred = Paid Claims of $13,429,939 less ISL recovery of $3,251,849 plus a reserve change of $149,343 B. EXPERIENCE PROJECTION We are projecting the future experience to determine the rate adequacy for the new policy year as shown in the following table: Table 3 Experience Projection for July 1, 2024 through June 30, 2025 Contributions $12,385,440 Less: Net Claims Paid $11,004,088 Less: Expenses $2,602,803 Plus: Investment Earnings $0 Addition (Reduction) to Claim Fluctuation Reserve ($1,221,451) Projection Assumptions: 1. Average of 569 covered employees 2. Investment Return of 0% per year 3. Medical and Rx trend at 6.3% Dental and Vision trend at 3.0% 4. Contribution Rates (medical, dental vision) effective 7/1/2022 as follows: Single Family $846 $2,115 Based on this analysis, we conclude that the rates for the coming year, when taken in conjunction with the $3,705,207 claim fluctuation reserve, will be adequate. Page 98 of 337 Insurance Risk Management Consulting 4)11 Gallagher City of Waterloo IBNR Analysis Based on Medical (2024) Claims Paid Through June 30, 2024 Incurral Month Exposure Unit Paid to Date Claims by Incurral Date Completio Factor Incurred Claims Outstanding Claim Reserve Outstanding Claim Reserve Monthly Paid Claims Paid to Date Claims Per Unit r Incurred Claims Per Unit Rolling Twelve Months Incurred Claims Per Unit Months Incurred Claims Per Unit Rolling Three Months Incurred Claims Per Unit 6 of 8 Months (Employees) Averaging (Before Margin) (Margin Applied) PEPM PEPM PEPM PEPM PEPM Aug-21 575 $607,053 1.0000 $607,053 $0 $0 $82,177 $1,056 $1,056 Sep-21 572 $553,805 1.0000 $553,805 $0 $0 $490,309 $968 $968 Oct-21 570 $897,569 1.0000 $897,569 $0 $0 $764,161 $1,575 $1,575 $1,199 Nov-21 573 $631,640 1.0000 $631,640 $0 $0 $775,730 $1,102 $1,102 $1,215 Dec-21 569 $767,841 1.0000 $767,841 $0 $0 $734,110 $1,349 $1,349 $1,342 Jan-22 567 $794,568 1.0000 $794,568 $0 $0 $584,663 $1,401 $1,401 $1,241 $1,284 Feb-22 569 $545,285 1.0000 $545,285 $0 $0 $712,548 $958 $958 $1,225 $1,236 Mar-22 570 $872,391 1.0000 $872,391 $0 $0 $611,163 $1,531 $1,531 $1,319 $1,297 Apr-22 569 $550,741 1.0000 $550,741 $0 $0 $908,860 $968 $968 $1,218 $1,152 May-22 566 $1,113,240 1.0000 $1,113,240 $0 $0 $551,055 $1,967 $1,967 $1,362 $1,488 Jun-22 564 $652,603 1.0000 $652,603 $0 $0 $701,037 $1,157 $1,157 $1,330 $1,363 Jul-22 561 $836,431 1.0000 $836,431 $0 $0 $733,434 $1,491 $1,491 $1,293 $1,345 $1,539 Aug-22 562 $640,986 1.0000 $640,986 $0 $0 $1,095,977 $1,141 $1,141 $1,300 $1,376 $1,263 Sep-22 559 $668,000 1.0000 $668,000 $0 $0 $759,827 $1,195 $1,195 $1,320 $1,320 $1,276 Oct-22 562 $695,780 1.0000 $695,780 $0 $0 $604,249 $1,238 $1,238 $1,291 $1,365 $1,191 Nov-22 566 $826,344 1.0000 $826,344 $0 $0 $713,042 $1,460 $1,460 $1,321 $1,280 $1,298 Dec-22 567 $772,523 1.0000 $772,523 $0 $0 $834,250 $1,362 $1,362 $1,322 $1,315 $1,354 Jan-23 564 $599,020 1.0000 $599,020 $0 $0 $742,461 $1,062 $1,062 $1,294 $1,243 $1,295 Feb-23 566 $592,284 1.0000 $592,284 $0 $0 $597,475 $1,046 $1,046 $1,302 $1,228 $1,157 Mar-23 562 $688,897 0.9999 $688,957 $60 $66 $733,467 $1,226 $1,226 $1,276 $1,233 $1,111 Apr-23 557 $659,642 0.9994 $660,064 $422 $464 $669,339 $1,184 $1,185 $1,295 $1,224 $1,152 May-23 558 $989,061 0.9995 $989,563 $502 $552 $661,040 $1,773 $1,773 $1,278 $1,275 $1,395 Jun-23 561 $941,381 0.9997 $941,650 $269 $296 $899,597 $1,678 $1,679 $1,321 $1,328 $1,546 JuI-23 562 $939,607 0.9996 $939,940 $333 $366 $739,883 $1,673 $1,674 $1,336 $1,430 $1,708 Aug-23 560 $968,649 0.9997 $968,958 $309 $340 $779,004 $1,730 $1,730 $1,385 $1,545 $1,694 Sep-23 558 $1,139,713 1.0000 $1,139,713 $0 $0 $1,298,284 $2,042 $2,042 $1,456 $1,681 $1,815 Oct-23 564 $654,701 0.9999 $654,793 $92 $102 $973,667 $1,162 $1,162 $1,449 $1,676 $1,643 Nov-23 565 $854,244 0.9994 $854,793 $549 $604 $564,677 $1,512 $1,513 $1,454 $1,632 $1,571 Dec-23 571 $1,071,636 0.9992 $1,072,456 $820 $902 $1,228,129 $1,877 $1,878 $1,497 $1,666 $1,519 Jan-24 576 $805,427 0.9971 $807,730 $2,303 $2,533 $940,078 $1,399 $1,403 $1,526 $1,620 $1,598 Feb-24 580 $708,097 0.9955 $711,292 $3,194 $3,514 $727,269 $1,221 $1,226 $1,540 $1,535 $1,501 Mar-24 579 $824,723 0.9891 $833,825 $9,101 $10,011 $761,020 $1,424 $1,440 $1,557 $1,437 $1,356 Apr-24 580 $892,032 0.9690 $920,592 $28,560 $31,416 $931,065 $1,539 $1,589 $1,591 $1,507 $1,418 May-24 579 $793,424 0.8683 $913,793 $120,369 $132,406 $1,042,832 $1,370 $1,578 $1,575 $1,518 $1,536 Jun-24 569 $247,465 0.2680 $923,233 $675,768 $743,345 $850,923 $435 $1,623 $1,570 $1,476 $1,596 Aug-21 to Jun-24 19,850 $26,796,802 96.95% $27,639,455 r- $926,918 $26,796,802 - $1,350 frig 1 • 12 Months Incurred Claims PEPM - 6/1/2023 to 5/31/2024 Midpoint of Experience Period Midpoint of Rating Period Months to Trend Assumed Annual Trend Underwriting Adjustment PEPM Trended Claims for June 2024 $1,575 12/1/2023 6/15/2024 6.5 5.70% 1.00 $1,623 02021 GALLAGHER BENEFIT SERVICES, INC. Base Claim Reserve @ 6/30/2024 6-Month Average Monthly Paid Claims Reserve Expressed as Months of Claims Margin Used $842,653 $875,531 0.96 10.00% This analysis is for illustrative purposes only, and is not a guarantee of future expenses, claims costs, managed care savings, etc. There are many variables that can affect future health care costs including utilization patterns, catastrophic claims, changes in plan design, health care trend increases, etc. This analysis does not amend, extend, or alter the coverage provided by the actual insurance policies and contracts. Please see your policy or contact us for specific information or further details in this regard. AJG.com 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 October 21, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 4 with WRH, Inc., of South Amana, Iowa, for a net decrease of $1,009.41, in conjunction with FY 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, Contract No. 1067, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Change order No. 4 for contract No. 1067 SUMMARY STATEMENT AND BACKGROUND INFORMATION Motion approving Change Order No. 4 with WRH,Inc. , of South Amana, IA , for a net decrease of $ 1,009.41, in conjunction with FY 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, Contract No. 1067, and authorizing the Mayor and City Clerk to execute said document. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 100 of 337 ATTACHMENTS 1. Waterloo Clarifier #3 - CO-4 Signed copy Page 101 of 337 STRAND ASSOCIATES' Excellence in Engineerings' September 25, 2024 CHANGE ORDER NO. 4 PROJECT: OWNER: CONTRACT: CONTRACTOR: Strand Associates, Inc. 910 West Wingra Drive Madison, WI 53715 (P) 608.251.4843 www.strand.com F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation City of Waterloo, Iowa 1067 WRH, Inc. Description of Change 4a Adjust the Contract price to account for the electrical usage associated with the bypass pumping in accordance with Request for Change No. 11 dated September 12, 2024. TOTAL VALUE OF THIS CHANGE ORDER: Contract Price Adjustment Original Contract Price Previous Change Order Adjustments Adjustment in Contract Price this Change Order Current Contract Price including this Change Order (DEDUCT) (DEDUCT) Contract Substantial Completion Date Adjustment Original Contract Substantial Completion Date Contract Substantial Completion Date Adjustments due to previous Change Orders Contract Substantial Completion Date Adjustments due to this Change Order Current Substantial Contract. Completion Dates including all Change Orders Contract Final Completion Date Adjustment Original Contract Final Completion Date Contract Final Completion Date Adjustments due to previous Change Orders Contract Final Completion Date Adjustments due to this Change Order Current Final Contract Completion Dates including all Change Orders KPB nb2\S \MAD\4400--4499\4463\Ol G\Constriction\Change Orders\CO 4\CO 4.docx ($1,009.41) ($1,009.41) $842,000.00 $175,880.30 ✓ ($1,009.41) / $1,016,870.89 January 7, 2024 232 Days 0 Days August 16, 2024 February 6, 2024 230 Days 0 Days September 13, 2024 Arizona I Illinois 1 Indiana 1 Iowa I Kentucky I Ohio I Tennessee 1 Texas I Wisconsin Page 102 of 337 Strand Associates, Inc? City of Waterloo—WRH, Inc. Contract 1067, Change Order No. 4 Page 2 September 25, 2024 `t,t `1)11////� 194,//,This document shall become a supplement to the Contract and all provisions will apply hereto. •F: uz, RANDALL A. ..;ti$� �,,.• E ENDED �, guzii WRTZ 16137 1-azf ONSULTANT—Stran.�•ciates, Inca' Date • OWP,,`���. APPR ez-slzozY CO TRACTOR— R , Dat APPROVED CITY —City of Waterloo, Iowa Date SKH.nh2\S \MAD\4400-4499`A463\016\Construction\Change Orders\CO 4\CO 4 docx www.strand.com Page 103 of 337 Request for Change (RFC) Project: FY 23 Watewater Treatment Plant Final Clarifier #3 Rehabilitation - Waterloo, Ia. RFC No. 11 Reference: Cost Proposal Request CPR # DATE 09/12/24 Job No. 1419 Location Clarifier #3 Contract No. 1067 A Change in the scope of work is indicated below and Owner's prompt approval or rejection of this authorization is requested so that the material may be purchased and to prevent any delay in field operations. 1) Reason for Change: ( ) Design Request ( ) Field Condition ( ) Owner Request ( ) Suggested by Contractor (X ) Other ---- Explain Reimbursement of r owner supplied power Credit to reimburse city for electrical power used for de -watering system during the project. 2) It is requested that the completion date be; by 0 calendar days. ( ) extended ( ) decreased 3) Basis of Payment: a) ( x ) Firm price for performing this change along with attached supporting details is ( ) increased / ( X ) decreased by ($1,009.41) b) c) d) ( ( ( ) Unit Price $0.00 Change to be performed per unit prices in Contract $0.00 The time required to prepare and agree upon a detailed estimate prior to proceeding with the change would unduly delay job progress. The following is an approximate estimate to assist Owner in determining whether or not change should be made. If notified to proceed, a detailed estimate in the form agreed upon, with supporting details, will be submitted after receipt of said notice. Approximate Estimate is $0.00 ( ) CHANGE WILL NOT BE MADE PROCEED ON THE FOLLOWING BASIS: ( ) Firm Price ( ) Estimate of Price (x ) Unit Price in Contract Comments: ( ) Time and Material ( ) Change in Completion Date ( ) No Change Submitted by: fry Approved by Tim hams Owner WRH, Inc. Date: 9/12/2024 Date: Page 104 of 337 FY 23 Watewater Treatment Plant Final Clarifier #3 Rehabilitation - Waterloo, la. 09/12/24 RFC Calculation Subcontractors Electrical power usage Material: RFC# 11 Quantity Unit Unit Rate Line Total 11,751.00 KW -$0.0859 ($1,00941) $0.00 $0.00 $0.00 $0.00 $0.00 Labor: General Labor Hr $79.50 $0.00 Skilled Labor Hr $96.08 $0.00 Safety Professional Hr $111.09 $0.00 Foreman Hr $105.09 $0.00 Superintendent Hr $111.09 $0.00 Project Manager Hr $195.17 $0.00 Equipment: Field Truck Day $93.60 $0.00 Skid loader Hr $57.20 $0.00 Boom Truck Hr $168.30 $0.00 Excavator (under 100 HP) Hr $83.20 $0.00 Excavator (100 HP +) Hr $135.20 $0.00 Welder Hr $26.93 $0.00 Dump Truck Hr $75.05 $0.00 Dozer (large) Hr $130.00 $0.00 Sub -total ($1,009 41) Sales Tax on Material 0.00% $0.00 Contractor's Fee (Self -performed) 15.00% $0.00 Contractor's Fee (Sub -contracts) 5.00% $0.00 $0.00 ($1,009,41) Bond & Insurance 2.00% $0.00 Total Proposed Change ($1,009.41) 2 of 2 Page 105 of 337 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 October 21, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 4 with WRH, Inc., of South Amana, Iowa, for a net increase of $16,250.00, in conjunction with Titus Lift Station And Force Main, Contract No. 975, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Change Order No. 4 Contract 975 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. 20241002 - 975 TITUS - CO 04 REV01 Page 106 of 337 Page 107 of 337 AECOM October 2, 2024 Mr. Jesse Gaherty Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa, 50702 Subject: Titus Lift Station and Force Main Change Order No. 4 City of Waterloo, Iowa City Contract No. 975 AECOM #60726355 Dear Mr. Gaherty: AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com Attached is Change Order No. 4 for the Titus Lift Station and Force Main project submitted by WRH, Inc. This change order is to compensate WRH, Inc for dewatering work and equipment over and above what was anticipated at the time of the bid. The months of May and June received considerably more than normal precipitation. That excess precipitation required more dewatering pumps and more labor hours to drawdown the groundwater at the lift station site to install the wet well than was anticipated in December 2023 at the time of the bid. AECOM and City Staff recommends the City approves Change Order No. 4 for the addition of $16,250.00 and a revised total contract cost of $6,279,720.88. The increase is 1.55% of the original contract including all change orders. ``\`�1 011111111111 u,,,„ o.R�pF ES S f O Hq`,, ?ki may' z :CHRISTOPHER G.'. 63 W : OELKERS : Z 22053 ; m ''% A. '''n/ 0 W N ,,,o' I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the state of Iowa. 09/25/2024 CHRISTOPHER G. OELKERS, P.E. Date License No. 22053 My license renewal date is December 31, 2025. Pages or sheets covered by this seal: All Pages Enclosure: Change Order No. 4 dated 10/02/2024 L:\DCS\Projects\WTR\60726355_Titus_LS_and_FM_CRS\600_Construction_Support\670_Change-Orders\CO 4\975 TITUS - CO 04 LTR.docx Page 108 of 337 CHANGE ORDER 4 ACOM Owner City of Waterloo Project TITUS LIFT STATION AND FORCE MAIN Date: October 2, 2024 Owner's Contract No. 975 Contractor: WRH, INC. SRF NON-SRF Date of Contact Start January 2, 2024 Contract Amount: $6,184,087.00 $ You are directed to make the following changes in the Contract Documents. Description: 50 CO NO. 4 - CAR NO. 9 - DEWATERING WRH CR 9 16,250.00 TOTAL 16,250.00 ADDITION Reason for Change Order Change Order Request No. 9 is This change order is to compensate WRH, Inc for dewatering work and equipment over and above what was anticipated at the time of the bid. The months of May and June received considerably more than normal precipitation. That excess precipitation required more dewatering pumps and more labor hours to drawdown the groundwater at the lift station site to install the wet well than was anticipated in December 2023 at the time of the bid. CONTRACT PRICE SRF NON- SRF Original: $ 6,184,087.00 $ 6,184,087.00 $ - Previous C.O.s $ 79,383.88 $ 79,383.88 $ - This C.O. $ 16,250.00 $ 16,250.00 $ - Contract Price with all approved $ 6,279,720.88 $ 6,279,720.88 $ - Total Change Orders: $ 95,633.88 1.55% Total CO % TOTAL $ 6,279,720.88 Original Completion Date: Revised Completion Date: CONTRACT TIME To Substantial To Final Completion Completion 11/30/2024 12/31/2024 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature) Date ACCEPTED: BY: � < J October 2, 2024 Contractor (Authorized Signature) Date ACCEPTED: BY: October 2, 2024 AECOM Date AECOM 60726355 I 4 Project No. C.O. No. Page 109 of 337 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Interim Director, Leisure Services Leisure Services Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 8 with Woodruff Construction of Waterloo, Iowa, for a total increase of $5,265.70, in conjunction with the FY 2023 Gates Park Improvements Project, Contract No. 1076, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION • approve Change Order No. 8 with Woodruff Construction of Waterloo, Iowa, for a total increase of $5,265.70. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES 2030 Vision and Strategic Plan #7 Sportstown USA: Quality of Life IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 110 of 337 ATTACHMENTS 1. Change Order #8 - Contractor Signed Page 111 of 337 CHANGE ORDER NO. 8 Owner City of Waterloo Date: 9/23/2024 Project Gates Park Improvements Project Owner's Contract No. 1076 Contractor: Woodruff Construction Date of Contact Start 5/30/2023 Contract Amount: $ 9,362,172.81 You are directed to make the following changes in the Contract Documents. Description: 8-1 Lower Gates Electrical Feeder Relocate $ 5,265.70 /LS TOTAL ADDITIONS x 1 UNITS $ 5,265.70 $ 5,265.70 Reason for Change Order 8-1 The existing electrical feeder for the Lower Gates restroom shelter is too shallow for the proposed water detention area. The existing feeder was also directed buried. The new feeder will be encased in PVC conduit and placed under the detention area. CONTRACT PRICE CONTRACT TIME To Substantial To Final Completion Completion Original: $ 9,362,172.81 Original Working Days 2401 2401 Previous C.O.s (ADD/DEDUCT) $ (1,172,730.28) This C.O. (ADD/DEDUCT) $ 5,265.70 Revised Working Days: Contract Price with all approved Change Orders: $ 8,194,708.23 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Si ACCEPTED: BY: PTED: BY: AECOM Date 9/24/24 or (Authorized Signature) Date 9/26/24 Date AECOM 60672429 I 8 Project No. C.O. No. Page 112 of 337 WOODRUFF CONSTRUCTION 100% Employee Owned Anthony Hemann AECOM 501 Sycamore St. #222 Waterloo, IA 50703 RE: FY 2023 Gates Park Improvements 820 E Donald St. Waterloo, IA 50703 SUBJ: Potential Change Order #039 - Lower Gates Electrical Feeder Relocate Dear Mr. Hemann, 1717 Falls Avenue I Waterloo, IA 50701 Ph: [319] 233-3349 Fax: [319] 233-3369 08/23/24 Per onsite observations, it has been discovered that the existing electrical feeder for the south restroom is too shallow for the installation of a water detention area. Rerouting of the electrical feeder will be required to place feeder under detention area. Updated plumbing & mechanical (quote attached) = $ 4,787.00 GC Markup (10%) = $ 478.70 Total = $ 5,265.70 Your written approval is required by (8/30/2024) When this potential change order is signed by the Owner and a copy is returned to the contractor, approval of change(s) is effective IMMEDIATELY and we will proceed with the change(s) described above. Approved changes will be included in a future contract change order. If you require additional clarification, please contact me. Thank you for your prompt response. Sincerely, WOODRUFF CONSTRUCTION, INC. Will McAllister Project Manager cc: File Owner Approval / Date Architect Approval / Date ■■ Page 113 of 337 rECT r lC9 lll ca 1127 Lincoln St. PO Box 967 CedarFalls,IA50613 0: 319.277.0415 C: 319.269.3844 E: bdevries@k-welectric.com W: www.k-welectric.com Date: August 23, 2024 Company: Woodruff Construction Attention: Will RE: Gate Park Will, It has been discovered that the existing electrical feeder for the south restroom is too shallow for the installation of the retention pond. We propose to relocate the feeder for $4,787.00 If you have any questions, please call. Brian DeVries Estimator/Project Manager Page 114 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Jay Millett to the position of Equipment Operator II in the Street Department, effective October 22, 2024. RECOMMENDED COUNCIL ACTION Requesting approval of appointment. SUMMARY STATEMENT AND BACKGROUND INFORMATION Promoting Jay Millett from an EOI to an EOII. Replacing Gary Troutwine who retired. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating Budget ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Gary Troutwine - EQUIPMENT_OPERATOR_II-_3.2024 - Replacement Page 115 of 337 PERSONNEL REQUISITION FORM Chock as applicable: El To start recruiting or civil service process and/or To fill a vacancy Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ******0e*********************** *********** 111 ********* ** ** * **** Position Title: Equipment Operator II Department: Public Works - Street Dept Reports To: Street Director Work Location: 625 Glenwood Street Employment Status: [ZI Regular Full Time El Temporary Full Time from to 0 Regular Part Time Temporary Part Time from to 0 Regular 7-Month Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: 177 Non -bargaining Position: El Yes El No Yes 0 No El Yes No Recommended Recruitment Sources: Internal Posting Only fri Internal Posting and External Advertising ********************************************************* ******* Complete the following if the requisition is to fill a vacancy: Ell New Position or Ej Replacement Position for: Gary Troutwine (Specify name and title of former incumbent) If replacement, former incumbent. IN Retired/Resigned/Terminated []Transferred 0 Promoted Date incumbent terminated employment: 2/26/2024 Date of final payout: Anticipated start date: ASAP No, of hours/week: 40 Work schedule: 7:00 am - 3:00 pm Justification of need for position: Rquesting to elevate position from an EOI to an EOII postion. Position is required to support street department operations in chip sealing, crack sealing, street maintenance, and snow removal. EOII must be able to operate all equipment within dept. ********** What are the likely consequences if the position is not filled? A reduced number of employees will have a negative iinpact onthe department's ability to complete all necessary street repairs and snow removal operations. APPROVALS Annual salary requirements: 63.980.80 Hourly Rate: 30.76 Benefits: 47.51 / 98,819.05 (Payroll taxes, pension, health ins,- assuming family) Is position budgeted for this and future FYs? IT1 Yes 0 No If no, how will position be funded? Position was budgeted for as an ROI position; however, would like to bump position up to an EOII position. There are Street Dept funds to cover this increase. Approved subject t the following conditions: Submitting Department liead Date Mayor Date LA— 04i 03/14/2024 01:30 PMEDT (Sti4ett NC20/7( 0 03/14/2024 01:50 PM EDT Z8171 03/14/2024 0142 PM EDT Created 6/30/2017 Page 116 of 337 Chief Financial Officer Date Feu.ss 9 03/15/2024 09:37 AM EDT Human Resources Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 117 of 337 PERSONNEL REQUISITION Equipment Operator H The following questions are provided as guidelines to assist you in developing your rational for the position of Equipment Operator H in the Street 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? Heavy equipment operator. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has operators in similar classifications, however, a reduced number of operators will directly impact the ability to provide timely services for the city and its citizens. (3) How is the work of this position being accomplished now? Reduced number of operators means reduced tasks that can be completed. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet its objectives, i.e. seal -coating, grading, ditching, maintaining shoulders, street sweeping and snow & ice control. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? No cost savings or increased revenues would be realized by this position. The position is directly related to providing citizen services in a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? The department pays overtime only as necessary. These positions are assigned projects and routes critical to meet the demands of our citizen support programs. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The department workload is multi -faceted - citizen Page 118 of 337 (9) complaints, annual preventative maintenance, seasonal street maintenance, and storm water ordinance compliance. 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. Less equipment operators means less material loads to and from the work site, increased idle time for other personnel waiting for product, an increase in snow removal overtime, and less equipment personnel available to handle snow emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As in any position, some jobs cannot be completed with the timeliness expected of both the department and the citizen. (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? It would not be practical to outsource the duties of the equipment operator. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? It is comparable to all building and commercial fire inspections. It is equally important. During snow emergencies, many businesses cannot operate without access to their businesses. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer -centered, service delivery approach. Note Forward:, completed questionnaire to Human Resources Department with original copy of personnel Requisition form. Page 119 of 337 CITY OF , t', TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION EQUIPMENT OPERATOR II PUBLIC WORKS —STREET DEPARTMENT This may be an 11:00 p.m.- 7:00a.m shift after training is completed DEPARTMENT STREET SALARY $29.76, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Performs skilled construction and street maintenance involving the safe operation of mixer, reclaimer, rotomill, pulverizer/mixer, mechanical/vacuum sweeper, end loader, grader, vibratory roller, track/wheeled excavator and wheeled backhoe and Equipment Operator I equipment such as snowplow, dump truck, salt/sand truck and equipment requiring a class A CDL with air brakes and tanker endorsement. Equipment Operator I functions such as pothole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and plowing snow. The work is performed under the general direction of the Street Director and a Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Operates mixer, reclaimer, rotomill, pulverizer/mixer, mechanical sweeper, end loader, grader, vibratory roller, track/wheeled excavator and wheeled backhoe and Equipment Operator I equipment such as snowplow, dump truck, salt/sand truck and equipment requiring a class A CDL with air brakes, and tanker endorsement. 2. Performs routine street repairs such as pothole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 3. Assists in preparation for winter by erecting snow fence, installing plows, wings, spreaders on trucks and spraying anti -icing material. 4. Assists in loading, hauling and plowing snow and operating sand/salt trucks during snow emergencies. Page 120 of 337 5. Participates in special service programs such as emergency storm damage clean up. 6. Assists in projects such as cleaning, mowing and maintenance of property. 7. Fills and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 8. Cleans roadside ditches of brush with weed trimming equipment or chain saw. 9. Washes vehicles, changes tires, plow blades, plow markers and general equipment and vehicle repairs. 10. General maintenance of city buildings including carpentry, plumbing, flooring, cleaning and painting. 11. Assists other departments as needed (Example would be mechanical work in the garage or picking up refuse in the Sanitation Department.) 12. Works in busy traffic areas, operating street maintenance equipment or on foot. 13. Performs street maintenance and repairs in trenches and on uneven ground. 14. Performs work of a repetitive nature and varied workload pace. 15. Works independently and with others with minimum supervision. 16. Attends work regularly at the designated place and time. 17. Works outside in all weather conditions; works near moving vehicles and equipment; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and fumes from traffic. 18. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Public Works safety rules and regulations. 19. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of traffic and safety rules. 2. Ability to safely operate specified equipment as well as dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power and hand tools used in street construction and maintenance work. 3. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions. 4. Ability to learn the City street layout. 5. Ability to read street signs, chemical hazard labels and written directions of supervisors. 6. Ability to work alone when operating snow removal equipment. 7. Ability to complete daily work sheets whether written and/or the use of a computer, tablet, etc. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to respond to questions and comments from the public tactfully and politely. 10. Ability to communicate effectively and maintain working relationships with other city employees, supervisors and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hardhat. Page 121 of 337 2. Must comply with City of Waterloo Residency Policy for Critical Employees (must live within 30- mile radius of Waterloo City Hall within period as determined by department head). Must maintain a local telephone number where can be contacted quickly. 3. 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. 4. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. 5. Must submit to and pass Civil Service examination procedures including an equipment test involving Street Department vehicles and equipment operated in this classification and a panel interview. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of traffic and safety rules. 2. Ability to safely operate specified equipment as well as dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power and hand tools used in street construction and maintenance work. 3. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions. 4. Ability to learn the City street layout 5. Ability to read street signs, chemical hazard labels and written directions of supervisors. 6. Ability to work alone when operating snow removal equipment. 7. Ability to complete daily work sheets whether written and/or the use of a computer, tablet, etc. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to respond to questions and comments from the public tactfully and politely. 10. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/GED. 2. Minimum two years of related street construction experience in all types of weather conditions. 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. 3. Valid Class A Commercial Driver's License with tanker and air brakes endorsements and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of ten 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 Page 122 of 337 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; three or more at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 5. Sufficient dexterity to safely operate powered and manual street maintenance tools. 6. Sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 7. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. 8. For applicants that meet the essential physical abilities standards, reasonable accommodations may be considered WORK SCHEDULE Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m.-11:00 p.m. or 11:00 p.m.-7:00 a.m. Will generally work Monday through Friday with twenty -minute paid lunch. Will be required to respond to emergency calls on weekends, evenings and holidays generally caused by weather. There may be significant overtime during severe snow emergencies or flooding. EQUIPMENT EXAMIMATION All qualified applicants who apply by the deadline date will be required to participate in an equipment examination that will test skills in operating equipment used in this job classification. An applicant must receive a minimum of 80 out of 100 points to achieve a passing score on the equipment examination. The equipment examination will count 60% of the overall test score. ORAL EXAMIMATION Those applicants who pass the equipment examination 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 applicant must receive a minimum average score of 60 points out of 100 to achieve a passing score on the oral examination. The oral examination will count 40% of the overall test score. The top applicants, as ranked by their scores as determined by combining 60% of the equipment examination score with 40% of the oral examination score will be the individuals placed on the certified lists. Appointment is Page 123 of 337 contingent on passing a physical examination including a drug test and possession of a good driving record based on the City of Waterloo driver performance criteria. Applicants who qualify as outlined and who are full time regular employees of the City of Waterloo will 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. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Equipment Operator II April 2023 Page 124 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Chad Davis from the current Civil Service List to the position of Solid Waste Technician in the Sanitation Department, effective October 22, 2024, pending pre- employment physical and drug testing. RECOMMENDED COUNCIL ACTION Requesting approval of appointment. SUMMARY STATEMENT AND BACKGROUND INFORMATION This position is replacing Dennis Moore who retired. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating Budget ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Dennis Moore - SOLID WASTE TECHNICIAN 7.2024 - Replacement Page 125 of 337 Page 126 of 337 PERSONNEL REQUISITION FORM Check as applicable: To start recruiting or civil service process and/or Clt To fill a vacancy Active Civil Seivice List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ************************************************************************************************** Position Title: Solid Waste Technician Reports To: Sanitation Director Employment Status: Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: 177 Non -bargaining Position: El Yes Irit No Department: Sanitation Department Work Location: 625 Glenwood Street Regular Full Time Li Temporary Full 'rime from to Regular Part Time 0 Temporary Part Time from to O Regular 7-Month 0 Intern/Co-op Student from to Reconunended Recruitment Sources: Yes Ej No fl Internal Posting Only Yes El No CI Internal Posting and External Advertising ************************************************************************************************* Complete the following if the requisition is to fill a vacancy: fl New Position or PI4 Replacement Position for: Dennis Moore, Sanitation Technician (Specify name and title of former incumbent) If replacement, former incumbent: 11. Retired/Resigned/Terminated U Transferred LJ Promoted Date incumbent terminated employment: 7/12/2024 Date of final payout: Anticipated start date: ASAP No. of hours/week: 40 Work schedule: 6:00 am - 2:00 pm Justification of need for position: Position is required to support Sanitation Department operations in refuse can delivery, recycling and yard waste pick-ups, and compost site maintenance. What are the likely consequences if the position is not filled? A reduced number of employees will have a negative impact on the department's ability to complete all necessary operations. APPROVALS Annual salary requirements: 64,567.22 Is position budgeted for this and future FYs? 1..7,1 Yes D No If no, how will position be funded? • ved subject to the following conditions: Ming Department Head 1641, (Sakt Era 07/11/2024 03:18 PM EDT Hourly Rate: 31.04 Benefits: 48.80 / 101,511.87 (Payroll taxes. pension, health ins.- assuming family) Chief Financial Officer Felot.55 07/13/2024 10:34 AM EDT Date Human Resources Committee Chairperson Date 07/11/2024 01:52 PM EDT Mayor Date 07/11/2024 0315 PM EDT Human Resources Director Date Created 6/30/2017 Page 127 of 337 PERSONNEL REQUISITION Solid Waste Technician The following questions are provided as guidelines to assist you in developing your rational for the position of Solid Waste Technician in the Sanitation 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? Delivery of garbage carts, maintain yard waste site, service sanitation routes if operator is unavailable, complete recycle and yard waste routes as assigned. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? Yes; however, a reduced number of operators will directly impact the ability to provide timely citizen services. (3) How is the work of this position being accomplished now? Reduced number of operators equals reduced tasks that can be accomplished. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet departmental objectives - ie. delivery of garbage carts, maintain yard waste site, service sanitation routes if operator is unavailable, complete recycle and yard waste routes as assigned. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? No cost savings or increased revenues would be realized by this position. This position is directly related to providing citizen services in a timely manner. • (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Overtime/comp time requirements are seasonal or based on weather events. The department pays overtime only as necessary. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Staffing levels have remained consistent over the past three fiscal years. Page 128 of 337 (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Department will incur additional overtime/comp time costs. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Employee time off is managed to ensure daily work assignments are covered. (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? It would not be practical to outsource this position. Outsourcing this position would require outsourcing the entire department. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is funded completely by user fees and not property taxes. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer -centered service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 129 of 337 . TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWR OPEN EXAM/NATION PUBLIC WORKS — SOLID WASTE TECHNICIAN DEPARTMENT SANITATION SALARY $30.04, 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 Under the general direction of the Sanitation Director, or his/her designee, performs collection of solid waste, trash, refuse, yard waste and recycling during all weather conditions. Other duties that may be required include customer satisfaction, code enforcement cleanups, maintenance, cart delivery, cart pickup, cart repair & washing, and flood relief. Will also be required, as necessary, to support emergency City-wide operations. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Operates a variety of heavy equipment including but not limited to dump truck, automated garbage truck, rear packer garbage truck, backhoe, multi -compartment recycling truck, end loader, compost turner, screener and yard waste grinder. 2. Performs daily work as directed by Sanitation Director in support of department objectives. Work may include but not be limited to curbside collection, delivery of customer carts, repairs to customer carts, missed garbage, missed yard waste, missed recycling, code enforcement clean-ups, bulk item clean-ups and yard waste site maintenance. 3. Follows established routes and maintains collection schedules and route logs. Prepares and leaves notices or tags on refuse not complying with established ordinance/rules. Enters data into collection system for proper and accurate data collection. 4. Ensures vehicles and equipment are properly equipped, operate correctly, present a neat and clean appearance and are completely fueled at the end of the workday in preparation for the next day's work assignment. Equipment pre -check forms to be completed prior to equipment use and any issues relayed to Sanitation Director. 5. Supports special events including but not limited to neighborhood clean-ups, City-wide clean-ups and hazardous materials collection and disposal events. Page 130 of 337 6. Responds to citizen complaints, questions and requests for service. 7. May assist in answering telephone customer service calls, filling out reports and servicing calls or inquiries. 8. Work is performed in busy traffic areas, in vehicle and on foot, in all weather conditions. Operates equipment that causes vibration, noise level is loud, atmosphere may contain dust and traffic fumes, work environment is dirty with low visibility during bad weather. Works in inclement weather conditions for extended periods of time. 9. Works independently and with others with minimum supervision. 10. Performs work of a repetitive nature and varied workload. 11. Attends work regularly at the designated place and time. 12. Performs all duties and activities in accordance with City policies and procedures. Must comply with OSHA, EPA and Public Works safety rules and regulations. 13. Supports department goals and objectives by making recommendations to management for delivery of service improvements. 14. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of traffic laws and safety rules. 2. Ability to learn City street layout. 3. Ability to read street signs, chemical hazard labels and written directions. 4. Ability to keep work logs and prepare notices. 5. Ability to safely operate department equipment. 6. Ability to respond to questions and comments from the public tactfully and politely. 7. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 8. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic or unfavorable weather conditions. 9. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. 10. Ability to work with a tablet for proper data entry of the day's tasks. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hard-hat, reflective vest, hearing protection, gloves and over -garments as required by daily work assignment. 2. Must wear standard uniform as supplied by City. Uniform must be clean and present a neat appearance. 3. 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. 4. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 5. The City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. Page 131 of 337 6. Must submit to Civil Service examination procedures including an equipment driving test and a panel interview ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum one year experience in the skilled operation of a large truck or other large vehicle or equipment OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 3. Required to possess or obtain an Iowa Class B Commercial Drivers' License (CDL) with air brake and tanker endorsements within 6 months of employment. Good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault within a three-year period. 4. An applicant's driving record will be reviewed prior to consideration for an interview, prior to offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina to work at a steady pace for up to ten hours or longer during unfavorable weather conditions or during special projects. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio, to understand and give verbal instructions, respond to questions from the public and to hear and respond to approaching traffic. 4. Sufficient color vision, depth perception, distance and peripheral vision, and hand/eye coordination to safely operate vehicles and equipment in all weather conditions, work in high traffic areas and climb on and off vehicles and equipment; dexterity and grip strength to run controls on compactor and inside automated trucks. 5. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. 6. For applicants that meet the essential physical abilities standards, reasonable accommodations may be considered. Page 132 of 337 WORK SCHEDULE Scheduled work shift is generally 6:00 a.m. - 2:00 p.m. Monday -Friday. Weather, holidays, or emergency conditions may require working later, other days or weekends. May be significant overtime during weather emergencies. Required to adjust work week to support department/City programs and objectives, including but not limited to neighborhood clean-up events, City-wide clean-up events, etc. EQUIPMENT EXAMINATION Those applicants with a good motor vehicle driving record will be required to participate in a driving test that will test skills in operating equipment used in this job classification. An individual must receive a minimum of eighty out of one hundred points to achieve a passing score on the equipment examination. ORAL EXAMINATION Those candidates who successfully complete the equipment examination will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. EXAMINATION INFORMATION Those applicants who successfully complete the equipment and oral examinations, as outlined above, will have their total scores determined by giving 40% weight to the equipment test score and 60% weight to the oral test score. The top applicants, as ranked by their scores, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. Failure to pass these tests will result in the withdrawal of the employment offer. All qualified candidates who apply by the deadline date will be notified of the time, place and date of the equipment and oral examinations. SOLID WASTE TECHNICIAN JULY 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 133 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Shaubhik Roy from the current Civil Service List to the position of Financial Analyst in the Finance Department, effective October 22, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. FINANCIAL ANALYST 7.2024 Page 134 of 337 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy n Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Financial AnalyS& Department: Finance Reports To: Director of Finance Employment Status: Work Location: City Hall Finance Department Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: Non -bargaining Position: ® Yes ❑ Yes Recommended Recruitment Sources: ❑ No ❑ Internal Posting Only ® No /1 Internal Posting and External Advertising Yes ❑ No Complete the following if the requisition is to fill a vacancy: n New Position or ® Replacement Position for: Brent Bohlen, Financial Analyst (Specify name and title of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 6/28/24 Date of final payout: 7/12/2024 Anticipated start date: ASAP No. of hours/week: 40 Work schedule: M-F 8:00 am to 5:00 pm Justification of need for position: This position is critical to properly completing items needed for the annual financial audit, budget preparation, Mayor and council requests and other functions. What are the likely consequences if the position is not filled? The Finance Department can't help the City grow without adequate qualified staffing. APPROVALS Annual salary requirements: 59,225-81,981 (Grade 5) Hourly Rate: 28.47-39.41 Benefits: 34,898 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ►1 Yes ❑ No If no, how will position be funded? Using savings from vacant Financial Analyst position. Approved subject to the following conditions: 7/3/2024 Submittinpartment Head Date X cWa 07/11/2024 03:18 PM EDT Chief Financial Officer •a.vl FeA.55 07/13/2024 10:34 AM EDT Quertiin 07/11/2024 01:51 PM EDT Mayor Lu v �e Du. 07/11/2024 03:15 PM EDT Date Date Human Resources Director Human Resources Committee Chairperson Date Created 6/30/2017 Date Page 135 of 337 PERSONNEL REQUISITION Financial Analyst The following questions are provided as guidelines to assist you in developing your rationale for the position of Financial Analyst in the Finance 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? Please refer to job description. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? I need another employee with more advanced knowledge and skills, preferably a CPA with governmental auditing experience. There is not enough time to for our department to complete all the tasks that we have in a reasonable amount of time. (3) How is the work of this position being accomplished now? Existing staff has taken on the tasks, but we are not able to keep up with everything and get it done in a timely manner. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Again, we are not able to complete the work that needs to be done. I am concerned that we are going to start missing state deadlines, which may affect the city's ability to receive revenue. The city's ability to receive grants in the future could be impacted negatively because we aren't getting things done on time. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Filling the positions adequately will allow us to explore other revenue sources and ways to reduce expenses. Page 136 of 337 (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? It's being completed by salaried personnel, but we cannot add 40 hours per week to our already full schedules. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. (9) When I was hired, there were 4 FTE employees in this department. The city has adopted GASB 34, which is another set of adjusting entries to present the Statement of Net Position and Statement of Activities. Additional standards have been implemented since that time that require more hours of accounting time. The time and effort required for TIF reporting has grown exponentially. The use of the State Revolving Loan Fund for sewer project financing has added many hours of work. The volume of invoices processed has grown. These are just a few examples of the increase in workload that we've experienced. If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. We may not be able to complete necessary audit preparation done in a timely manner. We will not be able to explore different ways of working on the budget. We'll continue to fall further behind. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? We would fill in to cover day to day processes but would not be able to complete the monthly/weekly activities this position does. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? Yes, if you could find a firm that would do it. I believe doing that would cost the City likely 3 times as much. I don't think it's a practical solution. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Page 137 of 337 For the City to continue to receive revenue, file the budget on time (to get tax revenue), file the audit on time (to be able to get future grants), it's critical to adequately fill Finance department positions. Everything we do has hard deadlines. We don't do many projects that can just be delayed for another year or two if we don't have time to get to them. Our department needs to be able to have time offfor our health. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? I think it's significant that continuing to improve/maintain our financial position is no longer specifically stated in the goals and objectives. I believe that's because we have good procedures in place and it's assumed that will continue. However, if we don't maintain adequate staffing that will change. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 138 of 337 CITY OF g4TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXA/Y1INATION FINANCIAL- ANALYST DEPARTMENT FINANCE SALARY $59,225-$81,981 ANNUALLY FLSA EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON -BARGAINING GENERAL STATEMENT OF DUTIES Professional administrative staff position responsible for directing, coordinating and monitoring the City's fiscal budgeting activities, coordinating and monitoring banking activities, coordinating and monitoring the purchasing activities of all City departments according to the purchasing policy of the City Council, supervising the accounts payable function of the City, coordinating and reconciling general ledger and accounts, and completing grant administration and drafting grant applications. The work is performed under the general direction of the Director of Finance but considerable leeway is granted for the exercise of independent judgement and initiative. May direct or supervise the work of department clerks. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Reconciles and monitors general ledger accounting. 2. Reconciles and monitors banking activities. 3. Reviews and approves bills for payment and supervises the account coding and data entry for payment. 4. Monitors allocation of expenses and revenue among approximately 30 funds, 500 projects and tax increment financing districts. 5. Monitors and reviews expenditure pre -authorizations prior to submission to the Finance Committee for approval. 6. Monitors and reviews travel requests prior to submission to the Finance Committee for approval for requests exceeding $200 or to Department Head for requests equal to or less than $200. 7. Monitors the Line -Item Budget Control Policy and reviews requests for line -item amendments prior to submission to the Finance Committee for approval. 8. Maintains fixed asset accounting records. 9. Monitors credit card use by City employees. Page 139 of 337 10. Reviews and monitors billing for City services, primarily for invoices issued from the City system. 11. Provides periodic expenditure and revenue estimates and projections. 12. Completes grant administration functions. 13. May draft grant applications. 14. Compiles and analyzes financial data for annual general operating bond and revenue bond issuance. 15. Oversees capital improvements programming and use of capital funds. 16. May approve or prepare bid documents prior to bidding process. 17. Reviews and approves procedures for bid analysis and awards. 18. Monitors purchases that involve large quantity supplies on a continuous or emergency basis and blanket authorization purchases such as utilities and services under contract. 19. Conducts operations research and planning including cost analysis relating to the delivery of various municipal services. 20. Monitors all information systems and related activities for the City Clerk/Finance Office including reporting and recommendations on operational software and training for staff on new or revised programs. 21. Attends meetings such as City Council, budget review and staff meetings as required. 22. Prepares statistical tabulations, charts and graphs to illustrate financial planning objectives and fiscal situation. 23. Accesses information and conducts research as needed to analyze financial issues regarding municipal budgeting through the Internet and other financial vehicles. 24. Advises and responds to questions from elected officials, department heads, State and Federal agencies and the public regarding City budget and other financial matters. 25. Serves as back-up for duties and activities performed by Director of Finance, Assistant Director of Finance, and other Financial Analysts. 26. Communicates clearly and concisely orally and in writing. 27. Compiles reports, performs data entry and completes forms on personal computer, using the applicable software. 28. Works independently and with others with limited supervision. 29. Attends work regularly at the designated place and time. 30. Performs all work duties and activities in accordance with City, Finance Department and OSHA policies, procedures and safety rules. 31. Performs related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of principles and practices of finance, accounting and budgeting (prefer knowledge of municipal government budgeting and accounting). 2. Knowledge of the methods and techniques of preparing a fiscal year budget according to Generally Accepted Accounting Principles and State required reporting formats. 3. Ability to review complex operating and financial statements and administrative reports, communicate this information to finance staff, elected officials, department heads, auditors and the public in a concise and professional manner and respond tactfully and concisely to related questions. 4. Ability to conduct research, analyze and interpret financial data. 5. Ability to analyze Federal and State laws as they apply to grants and government expenditures. 6. Ability to enter and retrieve information on a personal computer and knowledge and skill with Microsoft applications including Word, Excel and Power Point; ability to learn specialized Page 140 of 337 computer software, develop computer -generated reports and keep accurate, thorough and updated records. 7. Ability to work independently and with others with minimum supervision and to direct or supervise the work of other employees. 8. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's Degree in finance, accounting, public administration or closely related field from an accredited college or university. (candidates with CPA will be given preference) and minimum three years experience in financial administration or closely related area; prefer municipal finance or accounting experience. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. If using City vehicle, must have Iowa Driver's License and good driving record based on the City of Waterloo driver performance criteria. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to communicate effectively with other employees, elected officials, Federal, State and other government subdivisions and agencies in person or by telephone. 2. Sufficient personal mobility that permits the employee to operate a passenger vehicle safely, attend meetings in and out of City Hall and physically move from one City department or facility to another. 3. Sufficient vision and manual dexterity that permits the employee to operate a personal computer, handle files and perform other administrative responsibilities. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including employment, education and criminal history checks on any candidate being considered for this position. 2. Required to submit to and pass Civil Service oral examination. 3. The City of Waterloo will conduct pre -employment skills tests in Microsoft Word and Excel, proofreading and writing. WORK SCHEDULE Generally 8:00 a.m. to 5:00 p.m. Monday through Friday with one hour unpaid lunch. Must be available as needed outside these hours for department or City activities or meetings that require the attendance of the Financial Analyst. May be significant extra work hours required during yearly budget and/or audit prepa ration. FINANCIAL ANALYST 2024 Page 141 of 337 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 142 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Public Works Department October 21, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Kyler Fischels from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective November 4, 2024, pending pre- employment physical and drug testing. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. EQUIPMENT OPERATOR I (2) 10.2024 Page 143 of 337 PERSONNEL REQUISITION FORM Check as 'applicable. To start recruiting or civil service process and/or CI, To fiil a vacancy Active Civil Service List Expires:. 9/20/2025 A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ****************************************************************************** Position Title: Equipment Operator (2) **** Department Street Department Reports To: Street Department Director Work Location: 625 Glenwood Ave Employment Status: F21 Regular Full Tinge El Regular Part Time D Regular 7-Month Temporary Full Time from to Temporary Part Time from to Intern/Co-op Student from to ********* Type of Position: Recommended Recruitment Sources: Civil Service Position: 12 Yes fl No E Internal Posting Only Bargain ing Position: i4 Yes [1] No 4 Internal Posting and External Advertising Bargaining Group: LOCAL 177 Non -bargaining Position: 0 Yes El No ****** **** * ** ****************** *** ** *** ****** * **** * * ***** * * * **** * * * * * ** * ** * * * * * * * * * * Complete the following if the requisition is to fill a vacancy: O New Position or Replacement Position for: Eugene Smith & Jerry Locke Equipment Operator (Specify name,antl title of former incumbent) If replacement, former incumbent: FI Retired/Resigned/Terminated 0 Transferred Ej Promoted Date incumbent terminated employment: 7/2024 Date of final payout: 8/2024 Anticipated start date: Nov 2024 No, of hourslweek: 40 Work schedule: 7a-3p Justification of need for position: Filling a 'vacancy from a retirement. What are the likely consequences if the position is not filled? Street Dept projects and snow plowing will take longer to complete or may not be attempted due to lack of personnel. APPROV ALS Annual salary requirements: $62,647.42 Hourly Rate: $30.12 Benefits: $47.72 / $99.264.35 tPayroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs7 Yes El No If no, how will position be funded? oVyl subject to the following conditions: 1140friOttertEuz .11a,r( SubiTIng Department Head Date Mayer 10/10/2024 11:26 PM EDT 'Wye& Nacw" 1 1910 10/11/2024 03:36 PM EDT LaAPLC4e. Chief Financial Officer 'Ravi Feu-55 10/15/2024 09:47 AM EDT Date 10/11/2024 09 47 AM EDT Date Human Resources Director Date Human Resources Committee Chairperson Date Created 6,30;2017 Page 144 of 337 PERSONNEL REQUISITION Equipment Operator I The following questions are provided as guidelines to assist you in developing your rational for the position of Equipment Operator I in the Street 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? Snow removal/plowing and street maintenance which includes crack sealing, repairing pot holes, HMA, concrete work and chip seal improvements. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has operators in similar classifications, however, a reduced number of operators will directly impact the ability to provide timely services for the city and its citizens. (3) How is the work of this position being accomplished now? Reduced number of operators means reduced tasks that can be completed. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet its objectives, i.e. seal -coating, grading, ditching, maintaining shoulders, street sweeping and most importantly snow and ice control. (6) What cost savings or revenues, if any; would your department or the City realize if this position is filled? No cost savings or increased revenues would be realized by this position. The position is directly related to providing services to the citizens in a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? The department pays overtime only as necessary. These positions are assigned projects and routes critical to meet the demands of our citizen support programs. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide Page 145 of 337 (9) statistics if possible. The department workload is multi -faceted; it is driven on citizen complaints received, annual preventative maintenance, seasonal street maintenance, and storm water ordinance compliance. 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. Less equipment operators means less material loads to and from the work site, increased idle time for other personnel waiting for product, as well as an increase in snow removal overtime and less equipment available to handle snow emergencies (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As in any position, some jobs can't be completed with the timeliness expected of both the department and the customer. (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? It would not be practical to outsource the duties of the equipment operator. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? It is comparable to all building and commercial fire inspections. It is equally important. During snow emergencies, many businesses in town cannot operate without access to their businesses. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer -centered, service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 146 of 337 CITY OF 4TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION EQUIPMENT OPERATOR I DEPARTMENT PUBLIC WORKS -STREET SALARY $29.12, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Performs semi -skilled construction, street maintenance and labor functions such as pot hole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and plowing snow. The work is performed under the general direction of the Street Department Director(s) and Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Performs routine street repairs such as pot hole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 2. Assists in preparation for winter by erecting snow fence, installing plows, wings, spreaders on trucks and spraying anti -icing material. 3. Operates dump trucks, infrared asphalt heater, crack sealer, equipment with buckets like a wheel loader, backhoe, skid loader, equipment used for HMA and spray injection patching, assists in loading, hauling from street repairs and/ or plowing snow and operating snow and ice control trucks during snow emergencies up to sixteen hours a day. Operates other heavy duty and rough - riding vehicles and equipment. 4. Participates in special service programs such as emergency storm damage clean up. 5. Fills and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 6. Cleans roadside ditches of brush with weed trimming equipment or chain saws. 7. Washes vehicles, changes tires, plow blades, plow markers and general equipment and vehicle repairs. 8. General maintenance of city buildings including carpentry, plumbing, flooring, cleaning and painting. Page 147 of 337 9. Assists other departments as needed (Example would be mechanical work in the garage or picking up refuse in the Sanitation Department.) 10. Works in busy traffic areas, operating street maintenance vehicle or on foot. 11. Performs street maintenance and repairs in trenches and on uneven ground. 12. Lifts and carries items weighing up to one hundred pounds with assistance as needed. 13. Works outside in all weather conditions; works near moving vehicles and equipment and around mechanical hazards; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and traffic fumes; visibility might be poor. 14. Performs work of a repetitive nature and varied workload pace. 15. Works independently and with others with minimum supervision. 16. Attends work regularly at the designated place and time. 17. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City, and Street Department safety rules and regulations. 18. Performs all other duties as assigned REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of traffic and safety rules. 2. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions 3. Ability to read street signs, chemical hazard labels and written directions of supervisors. 4. Ability to safely operate a loader, dump truck, snowplow, snow and ice control truck, concrete saw, air hammer and other power tools. 5. Ability to complete daily work sheets weather written and/or the use of a computer, tablet, etc. 6. Ability to complete assigned work projects without direct supervision. 7. Ability to respond to questions and comments from the general public tactfully and politely. 8. Ability to work in a group atmosphere or independently 9. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 10. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hard hat. 2. Must comply with City of Waterloo Residency Policy for Critical Employees (physically reside within 30 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. 3. 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. 4. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 5. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. Page 148 of 337 6. Must submit to and pass Civil Service examination procedures, including equipment test and panel interview. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum one year related street construction experience in all types of weather conditions and knowledge of the use of a wide variety of hand tools found in street construction and maintenance work OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 3. Required to possess or obtain an Iowa Class A Commercial Drivers' License (CDL) with air brake and tanker endorsements within 6 months of employment. Good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault within a three-year period. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 5. Sufficient dexterity to safely operate powered and manual street maintenance tools. 6. Sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 7. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. 8. For applicants that meet the essential physical abilities standards, reasonable accommodations may be considered. WORK SCHEDULE Page 149 of 337 Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m.-11:00 p.m. or 11:00 p.m.-7:00 a.m. Will generally work Monday through Friday with twenty -minute paid working lunch. Will be required to respond to emergency calls on weekends, evenings and holidays. There may be significant overtime during severe snow emergencies or flooding. Employees hired in this job classification may be cross -utilized in other City departments in emergency and non -emergency situations as determined by the workload. Consequently, hours of work, including starting and ending times, work schedule, rest periods, work duties etc. will vary depending on the department to which the employee is assigned. EQUIPMENT EXAMINATION Those applicants who meet the minimum qualifications and who have a good driving record based on City of Waterloo driver performance criteria will be required to participate in a driving test that will test skills in operating equipment used in this job classification. An individual must receive a minimum of eighty out of one hundred points to achieve a passing score on the equipment examination. This will be a pass/fail test. City of Waterloo regular employees who presently hold a Class A or B Commercial Driver's License as a requirement for their job will not be required to participate in the equipment examination. ORAL EXAMINATION Those applicants who pass the equipment examination 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 lists. Applicants who qualify as outlined and who 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 Iowa Code and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service -connected disability. Employment is contingent on passing a post job offer physical examination including a drug test. Failure to pass the physical or drug test will result in withdrawal of the employment offer. TESTING DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the equipment and oral examinations. EQUIPMENT OPERATOR 1 JULY 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 150 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Public Works Department October 21, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Johnathon Gentz from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective November 6, 2024, pending pre- employment physical and drug testing. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. EQUIPMENT OPERATOR I (2) 10.2024 Page 151 of 337 PERSONNEL REQUISITION FORM Check as 'app(icable. To start recruiting or civil service process and/or CI, To fiil a vacancy Active Civil Service List Expires:. 9/20/2025 A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ****************************************************************************** Position Title: Equipment Operator (2) **** Department Street Department Reports To: Street Department Director Work Location: 625 Glenwood Ave Employment Status: F21 Regular Full Tinge El Regular Part Time D Regular 7-Month Temporary Full Time from to Temporary Part Time from to Intern/Co-op Student from to ********* Type of Position: Recommended Recruitment Sources: Civil Service Position: 12 Yes fl No E Internal Posting Only Bargain ing Position: i4 Yes [1] No 4 Internal Posting and External Advertising Bargaining Group: LOCAL 177 Non -bargaining Position: 0 Yes El No ****** **** * ** ****************** *** ** *** ****** * **** * * ***** * * * **** * * * * * ** * ** * * * * * * * * * * Complete the following if the requisition is to fill a vocalic): O New Position or Replacement Position for: Eugene Smith & Jerry Locke Equipment Operator (Specify name,antl title of former incumbent) If replacement, former incumbent: FI Retired/Resigned/Terminated 0 Transferred Ej Promoted Date incumbent terminated employment: 7/2024 Date of final payout: 8/2024 Anticipated start date: Nov 2024 No, of hourstiveek: 40 Work schedule: 7a-3p Justification of need for position: Filling a 'vacancy from a retirement. What are the likely consequences if the position is not filled? Street Dept projects and snow plowing will take longer to complete or may not be attempted due to lack of personnel. APPROV ALS Annual salary requirements: $62,647.42 Hourly Rate: $30.12 Benefits: $47.72 / $99.264.35 tPayroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs7 Yes El No If no, how will position be funded? oVyl subject to the following conditions: Sub ng Department Head Tte+it Nacw"1 1910 10/11/2024 03:36 PM EDT 114-1L, fi Date Chief Financial Officer 'Ravi Feu-55 10/15/2024 09:47 AM EDT QuertEuz liar( May or LA44.C.e.. 10/10/2024 11:26 PM EDT 10/11/2024 09 47 AM EDT Date Date Human Resources Director Date Human Resources Committee Chairperson Date Created 6,3012017 Page 152 of 337 PERSONNEL REQUISITION Equipment Operator I The following questions are provided as guidelines to assist you in developing your rational for the position of Equipment Operator I in the Street 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? Snow removal/plowing and street maintenance which includes crack sealing, repairing pot holes, HMA, concrete work and chip seal improvements. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has operators in similar classifications, however, a reduced number of operators will directly impact the ability to provide timely services for the city and its citizens. (3) How is the work of this position being accomplished now? Reduced number of operators means reduced tasks that can be completed. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet its objectives, i.e. seal -coating, grading, ditching, maintaining shoulders, street sweeping and most importantly snow and ice control. (6) What cost savings or revenues, if any; would your department or the City realize if this position is filled? No cost savings or increased revenues would be realized by this position. The position is directly related to providing services to the citizens in a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? The department pays overtime only as necessary. These positions are assigned projects and routes critical to meet the demands of our citizen support programs. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide Page 153 of 337 (9) statistics if possible. The department workload is multi -faceted; it is driven on citizen complaints received, annual preventative maintenance, seasonal street maintenance, and storm water ordinance compliance. 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. Less equipment operators means less material loads to and from the work site, increased idle time for other personnel waiting for product, as well as an increase in snow removal overtime and less equipment available to handle snow emergencies (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As in any position, some jobs can't be completed with the timeliness expected of both the department and the customer. (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? It would not be practical to outsource the duties of the equipment operator. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? It is comparable to all building and commercial fire inspections. It is equally important. During snow emergencies, many businesses in town cannot operate without access to their businesses. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer -centered, service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 154 of 337 CITY OF 4TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION EQUIPMENT OPERATOR I DEPARTMENT PUBLIC WORKS -STREET SALARY $29.12, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Performs semi -skilled construction, street maintenance and labor functions such as pot hole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and plowing snow. The work is performed under the general direction of the Street Department Director(s) and Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Performs routine street repairs such as pot hole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 2. Assists in preparation for winter by erecting snow fence, installing plows, wings, spreaders on trucks and spraying anti -icing material. 3. Operates dump trucks, infrared asphalt heater, crack sealer, equipment with buckets like a wheel loader, backhoe, skid loader, equipment used for HMA and spray injection patching, assists in loading, hauling from street repairs and/ or plowing snow and operating snow and ice control trucks during snow emergencies up to sixteen hours a day. Operates other heavy duty and rough - riding vehicles and equipment. 4. Participates in special service programs such as emergency storm damage clean up. 5. Fills and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 6. Cleans roadside ditches of brush with weed trimming equipment or chain saws. 7. Washes vehicles, changes tires, plow blades, plow markers and general equipment and vehicle repairs. 8. General maintenance of city buildings including carpentry, plumbing, flooring, cleaning and painting. Page 155 of 337 9. Assists other departments as needed (Example would be mechanical work in the garage or picking up refuse in the Sanitation Department.) 10. Works in busy traffic areas, operating street maintenance vehicle or on foot. 11. Performs street maintenance and repairs in trenches and on uneven ground. 12. Lifts and carries items weighing up to one hundred pounds with assistance as needed. 13. Works outside in all weather conditions; works near moving vehicles and equipment and around mechanical hazards; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and traffic fumes; visibility might be poor. 14. Performs work of a repetitive nature and varied workload pace. 15. Works independently and with others with minimum supervision. 16. Attends work regularly at the designated place and time. 17. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City, and Street Department safety rules and regulations. 18. Performs all other duties as assigned REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of traffic and safety rules. 2. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions 3. Ability to read street signs, chemical hazard labels and written directions of supervisors. 4. Ability to safely operate a loader, dump truck, snowplow, snow and ice control truck, concrete saw, air hammer and other power tools. 5. Ability to complete daily work sheets weather written and/or the use of a computer, tablet, etc. 6. Ability to complete assigned work projects without direct supervision. 7. Ability to respond to questions and comments from the general public tactfully and politely. 8. Ability to work in a group atmosphere or independently 9. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 10. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hard hat. 2. Must comply with City of Waterloo Residency Policy for Critical Employees (physically reside within 30 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. 3. 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. 4. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 5. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. Page 156 of 337 6. Must submit to and pass Civil Service examination procedures, including equipment test and panel interview. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum one year related street construction experience in all types of weather conditions and knowledge of the use of a wide variety of hand tools found in street construction and maintenance work OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 3. Required to possess or obtain an Iowa Class A Commercial Drivers' License (CDL) with air brake and tanker endorsements within 6 months of employment. Good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault within a three-year period. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 5. Sufficient dexterity to safely operate powered and manual street maintenance tools. 6. Sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 7. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. 8. For applicants that meet the essential physical abilities standards, reasonable accommodations may be considered. WORK SCHEDULE Page 157 of 337 Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m.-11:00 p.m. or 11:00 p.m.-7:00 a.m. Will generally work Monday through Friday with twenty -minute paid working lunch. Will be required to respond to emergency calls on weekends, evenings and holidays. There may be significant overtime during severe snow emergencies or flooding. Employees hired in this job classification may be cross -utilized in other City departments in emergency and non -emergency situations as determined by the workload. Consequently, hours of work, including starting and ending times, work schedule, rest periods, work duties etc. will vary depending on the department to which the employee is assigned. EQUIPMENT EXAMINATION Those applicants who meet the minimum qualifications and who have a good driving record based on City of Waterloo driver performance criteria will be required to participate in a driving test that will test skills in operating equipment used in this job classification. An individual must receive a minimum of eighty out of one hundred points to achieve a passing score on the equipment examination. This will be a pass/fail test. City of Waterloo regular employees who presently hold a Class A or B Commercial Driver's License as a requirement for their job will not be required to participate in the equipment examination. ORAL EXAMINATION Those applicants who pass the equipment examination 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 lists. Applicants who qualify as outlined and who 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 Iowa Code and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service -connected disability. Employment is contingent on passing a post job offer physical examination including a drug test. Failure to pass the physical or drug test will result in withdrawal of the employment offer. TESTING DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the equipment and oral examinations. EQUIPMENT OPERATOR 1 JULY 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 158 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Communication from the Fire Department on the notice of the conclusion of employment of Micah Moore, Firefighter, effective September 26, 2024, with recommendation of approval of payout of $4,023.33 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. M. MOORE 10.21.24 Page 159 of 337 Page 160 of 337 i i CITY OF , , 4fATERLO 0 To: City Council Members Re: Notice of Severance Department _ Waterloo Fire Rescue Job Title/Classification Fire Fighter Today's Date: 10/1/2024 Effective Date: 912612024 Employment Date: 9/9/2013 This is to report that the employment of Micah Moore with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes O Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: 124.27 $ 29.07 $ 3,612.801 24.00 $ 29.07 $ 697.71 -36.00 $ 29.07 $-1046.52 18.00 $ 29.07 $ 523.28 8.12 $ 29.07 $ 236.06 0.00 $ 29.07 $ - $ $ 29.07 $ Total Payment U $ 4.023.33 Approved by Human Resources _Nakti i. Date `/ .' 3 2/ Date 10/03/2024 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Council Agenda Date: ❑ Accruals ❑Status ❑9 Page 161 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Communication from the Leisure Services Department on the notice of the conclusion of employment of Paul Huting, Leisure Services Director, effective September 30, 2024, with recommendation of approval of payout of $32,520.35 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. P. HUTING PAYOUT 10.21.2024 Page 162 of 337 Page 163 of 337 Today's Date: 9/30/2024 Effective Date: 9/30/2024 iployment Date: 7/18/1980 City Council Nonce of Employment Severance Department: Leisure Services Job Classification: Leisure Services Director Employee Name: Paul Huting The employment with the named City of Waterloo employee has been severed by reason of: O Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: �efrts Total Hours'. Vacation -Accrued 150.15 Vacation -Current 120 Usable Sick Leave 24. Frozen Sick Leave L.Q • .>D Casual Hours 48.25 Comp Time Pay 0 Unscheduled Leave 0 Other Pay 0 Comments Approved by ) Hourly Rate 61.51 $ 61.51 $ 61.51 25% $ 61.51 60% $ 61.51 $ 61.51 $ 61.51 $ 61.51 9,235,73 7,381.20 369.06 $ 12, 566.50 2,967.86 Total Payment 32,520.35 '. Paul Huting was among a class of employees who had a frozen sick bank from prior to 1983. Payout allowed at 60%. Human Resources Ni,]c]cv FC Date Date 1O/01720241 Council Agenda Date: 10/21/24 KMW Page 164 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Communication from the Fire Department on the notice of the conclusion of the employment of Todd Petersen, Fire Lieutenant, effective September 27, 2024, with recommendation of approval of payout of $6,482.45 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. PETERSEN 10.21.24 Page 165 of 337 Page 166 of 337 CITY OF %V,{ATERLO 0 rows To: City Council Members Re: Notice of Severance Department Waterloo Fire Rescue Job Title/Classification Fire Lieutenant Today's Date: 10/01/2024 Effective Date: 09/27/2024 Employment Date: 1/2/2002 This is to report that the employment of Todd Petersen with the City of Waterloo has been severed by reason of: E Retired Disability Related 2 No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: 158.17 $ 33.65 $ 5,321.68 0.00 $ 33.65 $ 0.00 $ 33.65 75% $ - 14.00 $ 33.65 $ 471.04 12.50 $ 33.65 $ 420.57 8.00 $ 33.65 $ 269.16 $ 33.65 $ - Total Payment $ 6,482.45 Approved by Human Resources _ Araktifadaak Date 10703724 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personr?? Zile) Council Agenda Date: ❑ Accruals ❑Status Page 167 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Communication from the Fire Department on the notice of the conclusion of employment of Kerry Burt, Firefighter, effective October 1, 2024, with recommendation of approval of payout of $14,154.48 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. BURT 10.21.24 Page 168 of 337 Page 169 of 337 CITY OF %TERLO 0 �oww IOWA To: City Council Members Re: Notice of Severance Department Waterloo Fire Rescue Job Title/Classification Fire Fighter Today`s Date: _ 10/1/2024 Effective Date: 10/01/2024 Employment Date: 6/26/1997 This is to report that the employment of Kerry Burt with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes LI Resigned ❑ Termination O Other Passed away 10/01/24 In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: 213.83 $ 38.69 $ 8,273.61 120.00 $ 38.69 $ 4,643.09 0.00 $ 38.69 75% $ 18.00 $ 38.69 $ 696.46 -2.01 $ 38.69 $ (77.77) 16.00 $ 38.69 $ 619.08 $ 38.69 $ - Total Payment $ 14,154.48 Approved by Human Resources Ni,kkvFache14- Date M-5-2/ Date 10/03/2024 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Council Agenda Date: LI Accruals ❑Status Q9 Page 170 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Communication from the Fire Department on the notice of the conclusion of employment of Joshua Holley, Firefighter, effective October 5, 2024, with recommendation of approval of payout of $1,253.12 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. HOLLEY 10.21.2024 Page 171 of 337 Page 172 of 337 CITY OF �TERLOO IOWA To: City Council Members Re: Notice of Severance Department Waterloo Fire Rescue Job Title/Classification Fire Fighter Today's Date: 10/1/2024 Effective Date: 10/5✓2024 Employment Date: 10/16/2023 This is to report that the employment of Joshua Holley with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes LJ Resigned ❑ Termination ❑ Other In accordance with City Policy, It is requested to allow payment which consists of the following: Comments: 7.64 $ 21.01 $ 160.60 10.00 $ 21.01 $ 210.10 0.00 $ 21.01 75% $ - 18.00 $ 21.01 $ 378.18 i 0.00 $ 21.01 $ - 24.00 $ 21.01 $ 504.24 $ 21.01 $ - Total Payment $ 1,253./2 Approved by Human Resources Nr k ' Fs- Date � ` 3• Date 10/03/2024 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Council Agenda Date: 10/21/24 KMW❑ Accruals ❑Status 1:1-9 Page 173 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department October 21, 2024 AGENDA ITEM TITLE Scott Voigt, Board/Commission: Planning, Programming and Zoning Commission, Expiration Date: October 21, 2027, [New]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Scott Voigt Page 174 of 337 `-eceve,J CITY OF 1^14.t�9 ;. TERLOO CITY OF WATERLOO, IOWA ' ' BOARDS & COMMISSIONS APPLICATION Date: is\a T is th )ttii(.4V (Name) 1. i`�L., Art �1 C% t 2 , request to be appointed to (state preference): Home Phone: Cell Phone: 319, - 4044Work Phone: -6 t G11 4 $Li, 116 Email Address ' .., ,{-A-V t ' 64,r ,r)o,.1 s?iw ��.r� • Home Address -to A �.0 r►� �. �r:�, Employer'nC'v, .c A, c.t s . Employer Address ?x.)►C; C, x.iatt r -c�,� , R.. tam Zip Code 66.1ot Title vac., 1t\ Zip Code5c,c, t How long have you resided in Waterloo? Bo yrs Email address: 5e,e___Nacoirtt List current membership in organizations and offices held: WAr e.v..e..ac::. P,tit..rwwr rat.afx.U. Gr3 0.% -tit* t M n't , t S l : CIA% pe tr,AbtO tzori. 3 `itafltzo Nat > \. I am available for meetings: A.M. ( Q.lut, Noon �'[ venings I am available to serve on a Board/Commission the entire year: gYes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: 141kva F.1,1a, co PN, R. CA s . , %ate .' b 4 &, L1flit 14:1 . y LO re:OT 4 P41v iaSh ► s... t 1-1/ S'Ti.+ Fat G Vs2cIttiriJe. 4 . Ye .4t4.% • 'Z ur t er1- 44~Araa rilC r % •Pt-LoiCiass tec.titm r rita '% tsry a. Additional information and comments that may not be evident from information already on this form: t C ►v`► cart ► OkAL a ? e.11 ` -1.0 ' W.Wre References (include phone numbers): 1 understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an ap • intment to a Board/Commission. If selected, I will be available to attend appropriate training session-. is .,.1' ation will remain valid and on file for one calendar year from above date. Signature Rev O2/20r2020 or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor@waterloo-ia.org; PHONE 291-4301 Page 175 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department October 21, 2024 AGENDA ITEM TITLE Eric Poe, Board/Commission: Planning, Programming and Zoning Commission, Expiration Date: October 21, 2027, [New]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Eric Poe Page 176 of 337 V4ved 1,30/ CITY OF tlz,,..typTERLOO CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 0 I3C/ 2.02L (Name) , request to be appointed to (state preference): 2.`"i1 Home Phone: Cell Phone: 319-6 1'6)-762- Work Phone: 3 3 R- J37C Email Address ePoe oc;*.1- corv, Home Address i 815' Oc'i S* c-r Fri.11S , t4 Zip Code 6-6(0(3 Employer Ct'i61l Co)a Title f3 'i OevekoPMef,/ AliA6ver Employer Address i65' c'oLiviore 5-f'. doter! , ,.lr-. Zip Code 50703 How long have you resided in Waterloo? '-1 yrs Email address: List current membership in organizations and offices held: V; e. 4-me` j in.. ug-tl er h;1 F\G-s-1-1A4askrit link beiva Cetkr VetlI J 4 e+ am available for meetings: A.M. P.M. [] Noon ❑ Evenings 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: Additional information and comments that may not be evident from information already an this form: References (include phone numbers): 1-60eN Pde- 3iq-7.39- O6b Scoi� `j1\O;son- 319-V3a- 663 . 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 A2°1-- Rev 0212012020 or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor[ waterloo-la.orq; PHONE 291-4301 Page 177 of 337 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT City Clerk Department AGENDA ITEM TITLE Liquor Licenses MEETING DATE October 21, 2024 a. Love's Travel Stop #702, 3301 Greyhound Dr., Class B Alcohol w/Sunday Sales (Renewal) Exp: 11/16/2025. b. Fareway Stores #951, 40 W. San Marnan Dr., Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/15/2025. c. 1850 Patio & Grill, 1850 W. Ridgeway Ave. Ste. 5, Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/31/2025. d. Brown Derby Ballroom, 618 Sycamore St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 9/30/2025. e. Capella Magna, 622 Commercial St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 11/30/2025. f. Carpenter's Diner, 518 Jefferson St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 11/2/2025. g. Chapala Mexican Restaurant, 900 La Porte Rd., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/22/2025. h. Danny's on Donald, 1125 W. Donald St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/4/2025. i. Express Mart, 2027 Falls Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 10/30/2025. j. Hy-Vee #1 Clubroom, 2834 Ansborough Ave., Special Class C Alcohol w/Sunday Sales (Renewal) Exp: 10/16/2025. k. K-Zar, 1761 Independence Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 10/13/2025. I. Dollar General #20584, 1650 Idaho St., Class B Alcohol w/Sunday Sales (Renewal) Exp: 11/6/2025. m. Friendship Village, 600 Park Lane, Class F Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/18/2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Page 178 of 337 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 179 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department October 21, 2024 AGENDA ITEM TITLE Motion approving Application for Fireworks Display for the Bartlett/Bultsma Wedding Reception, October 26, 2024, at the Isle Casino Hotel, 777 Isle of Capri Blvd., Waterloo, beginning at 6:45 p.m. for approximately 15 minutes. 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 180 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department October 21, 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 10.18.24 Page 181 of 337 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL October 21, 2024 7901220716 CEDAR VALLEY HANDYMAN, LLC WATERLOO, IA 101299138 MTC SERVICES, LLC MEDFORD, MN BLJJ433389 VISION TELECOMMUNICATIONS, INC. JACKSONVILLE, FL Page 182 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bill Beck, Fire Chief Fire Rescue Department AGENDA ITEM TITLE Waterloo Fire Rescue Turnout Gear Replacement Project. RECOMMENDED COUNCIL ACTION MEETING DATE October 21, 2024 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS _ 1. WFR Structural Turnout Gear Purchase Project Hearing Notice 2. 10.17.2024 Waterloo Fire Rescue Turnout Gear Replacement Project Page 183 of 337 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost for the WFR Structural Turnout Gear Purchase Project Bid RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo at City Hall, 715 Mulberry Street, Waterloo, Iowa 50703, no later than 1:00 p.m. on the 17th day of October, 2024, for the WFR Structural Turnout Gear Purchase Bid as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS Sealed bids must be received by the City Clerk of the City of Waterloo at City Hall, 715 Mulberry Street, Waterloo, Iowa 50703, no later than Thursday, October 17th, 2024 at 1:00 p.m. All bids will be opened in the Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 17th day of October, 2024, at 1:00 p.m., and the proposals will be acted upon at a later date. The bid opening will be livestreamed on YouTube and made available on the City website. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the preliminary plans, specifications, bid documents, form of contract, and estimate of cost in conjunction with the WFR Structural Turnout Gear Purchase Project at 5:30 p.m. on the 21st day of October, 2024, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said project are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. To speak at the public hearing in person, go to the Harold E. Getty Council Chambers on the second floor of City Hall, 715 Mulberry Street, Waterloo, Iowa at 5:30 p.m. on the date of the public hearing. For information on how to participate in the public hearing via Zoom video conferencing, see https://cityofwaterlooiowa.com/register . Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. SCOPE OF WORK This project is being conducted to purchase new structural firefighting turnout gear via an eighteen (18) month agreement. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 7th day of October 2024. CITY OF WATERLOO, IOWA Kelley Felchle, City Clerk Page 184 of 337 Waterloo Fire Rescue Turnout Gear Replacement Project Bid Opening: October 17, 2024 NO BIDS RECEIVED Bidder Bid Amount Page 185 of 337 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE FY 2025 prefabricated shelter at 1700 Idaho Street, for the Municipal Telecommunications Utility Project, Contract No. 1112. RECOMMENDED COUNCIL ACTION Approve resolution SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 10.17.2024 FY 2025 prefabricated shelter at 1700 Idaho Street, for the Municipal Telecommunications Utility Project, Contract No. 1112 Page 186 of 337 Page 187 of 337 FY 2025 prefabricated shelter at 1700 Idaho Street, for the Municipal Telecommunications Utility Project, Contract No. 1112 Bid Opening October 17, 2024 Estimate: $225,000.00 Bidder Bid Security Bid Amount HM Cragg Edina, MN 5% $308,879.69 Page 188 of 337 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 October 21, 2024 AGENDA ITEM TITLE Sale and conveyance of approximately 1,250 square feet of city -owned property located adjacent to 4805 Edgebrook Drive. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicants are requesting to purchase a piece of city -owned property located adjacent to their home which was intended to be used as access to a park that has been determined not to be needed for $1.00 with a Development Agreement to install the sidewalk along the frontage of the property with a value of $1,235.00. NEIGHBORHOOD IMPACT The request will not have a negative impact on the neigborhood. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Part of Tract A of Southland Park Subdivision, City of Waterloo, Black Hawk County, Iowa described as follows: Page 189 of 337 The ten (10) foot wide part of said Tract A as platted Northwesterly of Lot 27 of said addition, Southeasterly of Lot 28 of said addition, Northeasterly of a line drawn from the Southwesterly corner of Lot 28 said addition to the Northwesterly corner of Lot 27 said addition, and Southwesterly of a line drawn from the Southeasterly corner of Lot 28 said addition to the Northeasterly corner of Lot 27 said addition, with the City's retention of an eight (8) foot wide utility easement lying Southwesterly of and adjacent to the most Northeasterly line of the above described parcel. ATTACHMENTS 1. Map 2. Development Agreement Page 190 of 337 4805 Edgebrook ©rive Area to be sold . �.� Yam•, r-::1 G T hruoIoglg'4,.I.r* MEM• Adjacent to 4805 Edgebrook Drive Sale of Property .A.a 0* w47-4- �'{:;;ri,;;T.,'o David and Mary Alderman 6�9 7V1')� mono 1 r11 of ZZ 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 ju 7b-00,2 340 , 2024, by and between David R. Alderman and Mary H. Alderman, husband and wife (collectively, "Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of real property described on Exhibit "A" attached hereto (the "Property"), which constitutes unused tract dedication for access to a park parcel that has not been developed and is not expected to be developed. B. Developer is the owner of real property at 4805 Edgebrook Drive, which abuts the Property, and desires to acquire the Property in order to widen their lot. 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 placement of the Property on the tax rolls and providing for certain improvements to the Property is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, Developer shall purchase the Property from City for the sum of $1.00 (the "Purchase Price"), payable in full at closing. City shall convey the Property to Developer by quit claim deed, free and Page 192 of 337 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. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. Closing on the purchase shall occur within sixty (60) days after the date of this Agreement, on a date that is mutually agreeable to the parties. 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. Within one (1) year after the date of this Agreement, Developer shall install a standard concrete sidewalk across the Property, extending from the end of the sidewalk already existing on Developer's property. The work of Developer as described in this Section is referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. 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. Developer will be solely responsible to prepare the Property (if any preparation is needed) to allow for construction of all Improvements. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Developer under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Developer and that without said commitment City would not do so. A. Deadlines to commence and complete. Developer must obtain a building permit and thereafter Substantially Complete construction within twelve (12) months after conveyance of the Property to Developer (the "Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and City has verified that any Project element for which no permit was necessary has 2 Page 193 of 337 been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. B. Events triggering termination and/or reverter of title. If development has not been Substantially Completed by the Completion Deadline or within any agreed period of extension 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 Developer (each such condition or event being an "Unavoidable Delay"), the requirement that construction is to be Substantially Completed by the Completion Deadline shall be tolled for a period of time equal to the period of such stoppage or delay. If construction is not Substantially Completed by the Completion Deadline or within the allowed period of extension, then City may terminate this Agreement following Developer's failure to diligently undertake construction within thirty (30) days following written notice of default from City. If at any time Developer fails to diligently undertake construction and other activities necessary to Substantially Complete the improvements, then City may terminate this Agreement following Developer's failure to resume and diligently carry on construction within thirty (30) days following written notice of default from City. After City terminates this Agreement, City shall have no further obligations to Developer under this Agreement, and City shall have no duty 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. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Developer. Concurrently with delivery of the deed, Developer shall also deliver to City the abstract of title. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney -in -fact. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Developer's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attach(es) to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to 3 Page 194 of 337 reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances. Until the Improvements are Substantially Completed, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Property. 7. 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 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. C. Developer shall make no sale or conveyance of the Property or any portion thereof separately from sale or conveyance of Developer's own property, without City's prior written consent. 8. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 9. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Reserved. B. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Developer or which in 4 Page 195 of 337 any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 10. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 11. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Developer before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to 5 Page 196 of 337 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. 12. Indemnification. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project site or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. 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 ariy other right or remedy available to it, terminate this Agreement and declare it null and void. 14. 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. 15. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other 6 Page 197 of 337 person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, or by United States registered or certified mail, postage prepaid, 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 4805 Edgebrook Drive, Waterloo, Iowa 50701. 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. 17. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 18. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 19. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 20. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they 7 Page 198 of 337 shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 22. 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. 23. 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. 24. 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: cr,,.,ii R Oeli-,,, David R. Alderman ii) d Kelley Felchle, City Clerk Mary FW Alderman 8 Page 199 of 337 Legal Part of Tract A of Southland Park Subdivision, City of Waterloo, Black Hawk County, Iowa described as follows: The ten (10) foot wide part of said Tract A as platted Northwesterly of Lot 27 of said addition, Southeasterly of Lot 28 of said addition, Northeasterly of a line drawn from the Southwesterly corner of Lot 28 said addition to the Northwesterly corner of Lot 27 said addition, and Southwesterly of a line drawn from the Southeasterly corner of Lot 28 said addition to the Northeasterly corner of Lot 27 said addition, with the City's retention of an eight (8) foot wide utility easement lying Southwesterly of and adjacent to the most northeasterly line of the above described parcel. Page 200 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE MEETING DATE October 21, 2024 Sale and conveyance of vacant lots within the Walnut Neighborhood to Iowa Heartland Habitat for Humanity. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City acquired these properties in collaboration with the County Board of Supervisors and the Tax Sale process. Three of the lots will have single family homes constructed upon them and will receive the $5,000 infill housing grant for each home. The two remaining properties will be green space for the neighborhood. NEIGHBORHOOD IMPACT Redevelopment of the lots would have a positive impact on the neighborhood. DATA, ANALYSIS, AND STRATEGIES Infill 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 8913-24-303-007 East Half of the North 45 feet of lot No. 2 in Block No. 66 in the Cooley Addition to Waterloo, Iowa Page 201 of 337 8913-24-158-011 The North Forty-seven (47) feet of the West Twenty (20) feet of Lot No. Five (5); and the North Forty- seven (47) feet of Lot No. Six (6), all in Block No. Twenty (20), in Railroad Addition to Waterloo, Iowa. 8913-24-303-009 Cooley Addition, Waterloo, the South 50 feet of lot 2 black 66 and the south 50 feet of the east 30 feet of lot 3 in Block 66. 8913-24-303-018 Cooley Addition, Waterloo, the West 30 feet of Lot 9 in Block 66. ATTACHMENTS 1. Habitat DA for 4 lots 10-21-24 Page 202 of 337 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 willing and able to finance and construct or rehabilitate single- family dwellings and related improvements on various properties located in the City of Waterloo, including infill lots in established residential neighborhoods as identified on Exhibit "A" attached hereto (the "Properties"). Each separate property is referred to as a "Project Site." B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) is being undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Properties to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company Page 203 of 337 may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect each of the Properties and to conduct other due diligence related to the Project. Company agrees to accept the Properties in their "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of each Property, its marketability, or its fitness for any particular purpose. At its own expense Company shall construct upon each Project Site one (1) single-family home as further described and depicted in plan to be submitted to City, except that with respect to parcels 8913-24-303-007 and 8913-24-303-018 Company shall maintain such Properties as greenspace in accordance with City ordinances until such time as it chooses to build a new dwelling thereon. No more than one home shall be constructed on each Project Site, and each Project Site upon which a home will be constructed shall be completed to a finished state, including installation of sidewalks, driveways and garages, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific 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 Properties, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Properties to Company 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), Company must Substantially Complete construction within two (2) years from the date that the Properties are conveyed to Company (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements on a Project Site have Page 204 of 337 been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. The provisions of this Section 3 shall apply separately to each Project Site. B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements at a Project Site on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement with respect to such Project Site as set forth in Section 13, and City shall then have no further obligation to Company under this Agreement with respect to such Project Site. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement with respect to a Project Site as provided in Section 13, 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 Site or to compensate Company for any value added to the Project Site by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of any Project Site on which Improvements have not been Substantially Completed, in addition to exercising any other available remedies. 4. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 3, 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 Project Site free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Project Site. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or Page 205 of 337 other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Project Site of any type or nature whatsoever that attaches to the Project Site by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on a Project Site and for payment of any associated connection fees. 6. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 within thirty (30) days after Company has Substantially Completed the Improvements on a Project Site and has obtained final inspection on all permits obtained for Improvements on that Project Site. The maximum incentive payable to Company is $10,000.00. 7. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on any of the 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 before Company executes any such mortgage. Company may not mortgage a Project Site or any part thereof for any purpose except in connection with financing of the Improvements upon such Project Site. Any other mortgage shall be void. 8. 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 Site prior to completion of the Project thereon, 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. Page 206 of 337 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. 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. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. Page 207 of 337 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. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by 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 Properties, 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 208 of 337 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. 13. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or as to any particular Project Site. 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 Project Sites as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. Page 209 of 337 C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 14. Indemnification 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 Properties arising after Company's acquisition of same 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 on or about the 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 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 Properties 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. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, Page 210 of 337 or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, 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. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and Page 211 of 337 nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. 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. 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. 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. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. Page 212 of 337 CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: By: Quentin Hart, Mayor Ali Parrish, Executive Director Attest: Kelley Felchle, City Clerk Page 213 of 337 EXHIBIT "A" Description of Properties 1. Parcel No. 8913-24-158-011 — The North Forty-seven (47) feet of the West Twenty (20) feet of Lot No. Five (5); and the North Forty-seven (47) feet of Lot No. Six (6), all in Block No. Twenty (20), in Railroad Addition to Waterloo, Iowa. 2. Reserved. 3. Parcel No. 8913-24-303-007 — East Half of the North 45 feet of lot No. 2 in Block No. 66 in the Cooley Addition to Waterloo, Iowa. (greenspace lot) 4. Parcel No. 8913-24-303-009 — Cooley Addition, Waterloo, the South 50 feet of lot 2 black 66 and the south 50 feet of the east 30 feet of lot 3 in Block 66. 5. Parcel No. 8913-24-303-018 — Cooley Addition, Waterloo, the West 30 feet of Lot 9 in Block 66. (greenspace lot) Page 214 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Resolution approving a Parking Contract with IPS Group of San Diego, California, in conjunction with the Multi -Spot Parking Meters upgrade, and authorizing the Mayor, City Attorney, 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. Parking Contract 2024 - IPS - Kiosks Page 215 of 337 Page 216 of 337 GROUP 7737 Kenamar Court San Diego, CA 92121 ipsgroup.com 858-404-0607 Date Created: Insert Date Created For: City of Waterloo, Iowa Page 1 of 16 Page 217 of 337 AGREEMENT TO PURCHASE PARKING TECHNOLOGY AND RELATED SERVICES This Agreement To Purchase Parking Technology And Related Services ("Agreement") is made effective Insert Date (the "Effective Date"), by and between City of Waterloo, Iowa, a MUNICIPALITY (the "MUNICIPALITY"), and IPS GROUP, INC., a Pennsylvania corporation ("IPS") (collectively the "Parties" and each a "Party"), with reference to the following: RECITALS A. MUNICIPALITY is a duly organized and validly existing under the laws of the State of Iowa with the power to carry on its business as it is now being conducted under the statutes of the State of Iowa. B. IPS is a Pennsylvania corporation that is qualified to do business in the State of Iowa. IPS markets and supports a variety of parking technologies, hardware, software and related services. C. MUNICIPALITY and IPS desire to enter into this Agreement for IPS to deliver and install its parking technology hardware (the "Equipment") and related software services (the "Services", and collectively "Equipment and Services") to the MUNICIPALITY upon the terms and conditions set forth below. The Equipment and Services are described in Attachment A. Now, therefore, the Parties agree as follows: TERMS AND CONDITIONS 1. Term of Agreement. 1.1. Initial Term. The term of the Agreement means the period from the Effective Date above and will be in effect for a period of five (5) years ("Initial Term"). 1.2. Option to Extend. MUNICIPALITY shall have the option to extend the term of the Agreement for five (5) additional one (1) year increments, for a total period of ten (10) years. Unless MUNICIPALITY notifies IPS at least ninety (90) days prior to the end of each such term that it will not extend the Agreement for an additional term, the term shall automatically renew for the next one (1) year period. 2. IPS Services. 2.1. Scope of Services. IPS agrees to diligently undertake, perform, and complete all of the services described in Attachment A as directed by the MUNICIPALITY. In the case of any conflict, the Terms and Conditions section of this Agreement shall supersede information contained in the Attachments or Exhibits contained herein. 3. MUNICIPALITY Services & Responsibilities. The MUNICIPALITY agrees to: 3.1. Make available to IPS any currently existing documents, data or information required for the performance of this Agreement, including any material updates therein. 3.2. Designate a representative authorized to act on behalf of the MUNICIPALITY. Page 2 of 16 Page 218 of 337 3.3. Keep, at its own cost and expense, the Equipment in good repair, condition and working order, adhering to any requirements for preventative maintenance. 3.4. Notify IPS of any need for customer service support or warranty repair work and will coordinate the return process with IPS. 3.5. Comply with applicable national, state, and local laws and regulations in any way relating to the possession or use of the Equipment and Services. 4. Equipment Delivery, Installation and Acceptance. 4.1. IPS shall deliver and install new, fully tested Equipment. No used or previously owned Equipment will be allowed unless otherwise agreed to in writing by the MUNICIPALITY. 4.2. Delivery and installation of all Equipment will take place during standard business hours. 4.3. Unless otherwise stated to the contrary, all prices for delivery of Equipment are FOB San Diego. 4.4. Unless otherwise notified in writing within thirty (30) days following delivery and installation, the Equipment shall be deemed accepted by the MUNICIPALITY and to its satisfaction. 5. Compensation 5.1. The MUNICIPALITY will compensate IPS for the IPS Equipment and Services, as set forth in Attachment B. 5.2. MUNICIPALITY further agrees to pay to IPS the amounts specified in Attachment B on a Net 30 basis from the date of invoice. 5.3. For any merchant accounts held by IPS for the benefit of the MUNICIPALITY, IPS shall be entitled to withhold any banking, interchange, gateway, convenience, service, merchant account, or other monthly fees when remitting a monthly net amount to the MUNICIPALITY. 5.4. Payment for the Equipment shall be due and paid upon delivery and installation of each batch or invoiced line item of Equipment to the MUNICIPALITY. 5.5. MUNICIPALITY agrees to promptly notify IPS in writing of any dispute with any invoice, and those invoices for which no such notification is made within 15 business days after receipt of the respective invoice shall be deemed accepted by the MUNICIPALITY. 5.6. MUNICIPALITY shall pay interest on any invoiced amounts with are unpaid after 45 days at a rate of 1.5% per month (18.0% per year, effective rate) and the maximum allowable by law, whichever is less, from the date such amounts become due. For amounts that are in excess of 90 days past due, MUNICIPALITY agrees to pay all costs incurred by IPS to collect any overdue amounts. 5.7. All pricing excludes any taxes that may be applicable to the MUNICIPALITY. Any applicable taxes will be added to invoices and will be paid by the MUNICIPALITY on submission of an invoice. Exemption from the payment of applicable taxes shall be provided by the MUNICIPALITY in writing. The MUNICIPALITY indemnifies IPS against any claim for payment of any such taxes. 5.8. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. MUNICIPALITY Average. Such pricing adjustments shall require 30 days' prior notice and shall occur not more often than annually. Should IPS not adjust Agreement pricing during any one or more years during the Term, then notwithstanding such failure, if and when IPS makes such adjustment, the calculation of the Page 3 of 16 Page 219 of 337 adjusted Agreement pricing may be compounded annually during the period when no adjustment was made when calculating the future Agreement pricing. 6. Risk and Title. 6.1. If IPS is responsible in terms of this Agreement to deliver the Equipment to a site nominated by MUNICIPALITY, then IPS shall bear risk of loss of the Equipment, including any damage sustained during transportation to the delivery site. Risk in the Equipment shall pass to MUNICIPALITY upon delivery. Transfer of title to Equipment shall only pass to MUNICIPALITY upon full payment for the Equipment. 7. Warranties. 7.1. IPS shall provide a limited 12-month warranty on the Equipment as described in Attachment C, being the IPS Limited Warranty. Extended warranties are available for an additional fee. 7.2. IPS shall provide technical support via telephone Mondays through Fridays from 8:00 AM to 4:00 PM PST. IPS can provide on -site services at the MUNICIPALITY's request. Lead times and costs for such services will be provided at the time of the request. IPS shall ensure the availability of current manuals and shall provide all manuals for any future upgraded or new services to the MUNICIPALITY. 7.3. Wireless Coverage & Longevity: IPS does not operate a mobile wireless network but relies on third party carriers for this service. MUNICIPALITY agrees that it is not a 3rd party beneficiary of any agreements between IPS and its carrier partners, and as there is no direct contract between the MUNICIPALITY and the carrier for this Agreement, the wireless carrier shall have no liability of any kind created by this Agreement. Carriers from time to time may change coverage areas, wireless technology platforms or make other network changes that are not within the control of IPS. During the term of this Agreement, IPS shall provide the MUNICIPALITY the ability to upgrade or change carriers as needed, at the prices contained herein provided that the new carrier's rates to IPS are not increased, or at such prices as may be agreed in advance. Any such change or upgrades shall be at the sole cost and discretion of the MUNICIPALITY. 7.4. IPS warrants that the software Services will substantially conform to the applicable scope of work. IPS does not warrant that the software Services will operate uninterrupted or error -free. IPS will use commercially reasonable efforts to deliver to the MUNICIPALITY software Services free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the software Services or MUNICIPALITY data. 7.5. MUNICIPALITY warrants that it shall not share usernames or passwords to allow any 3rd party, including but not limited to consultants, agents, or any other individuals, to gain access to Equipment and Services of any kind without the written permission of IPS. MUNICIPALITY further agrees to not knowingly do anything that could potentially compromise the security of IPS Equipment and Services or use IPS Equipment and Services in any manner which could violate local, provincial, state or federal law. 7.6. THE WARRANTIES CONTAINED IN THE AGREEMENT DOCUMENTS ARE IPS'S SOLE AND EXCLUSIVE WARRANTIES. IPS AND ITS 3RD PARTY SUPPLIERS PROVIDE SOFTWARE SERVICES "AS IS". THE EXTENT OF IPS'S LIABILITY FOR A WARRANTY CLAIM IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE EQUIPMENT OR DEFECTIVE SOFTWARE SERVICE. IPS DOES NOT PROVIDE ANY WARRANTY OF ANY KIND WITH REGARDS TO 3RD PARTY EQUIPMENT, WIRELESS COVERAGE OR SOFTWARE SERVICES, WHETHER SUPPLIED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE. IPS AFFIRMATIVELY EXCLUDES ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR Page 4 of 16 Page 220 of 337 WRITTEN), WITH RESPECT TO THE EQUIPMENT AND/OR SERVICES PROVIDED INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT IPS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WHETHER ARISING BY LAW OR BY REASON OF CUSTOM OF THE TRADE. 7.7. The provisions of this Section will survive expiration or termination of this Agreement. 8. Intellectual Property and Ownership. 8.1. IPS represents and warrants that it owns or has acquired all requisite rights and licenses to use, and the right to sub -license, all intellectual property embodied, practiced, or employed in IPS Equipment and Services being used by the MUNICIPALITY pursuant to this Agreement. Upon notice of an alleged infringement of the intellectual property of IPS or any 3rd-party supplier, or if in IPS's opinion such a claim is imminent, IPS shall, at its option, obtain the right for MUNICIPALITY to continue to use the intellectual property, substitute other intellectual property with similar operating capabilities, or modify the Equipment or Services so that it is no longer infringing. 8.2. IPS hereby grants the MUNICIPALITY, including its departments, commissioners, officials, officers, employees, consultants, and agents (collectively, "MUNICIPALITY") all the rights, licenses and sub -licenses required to use IPS Equipment and Services. Such rights, licenses and sub -licenses are limited, non - assignable, non -transferable and non-exclusive, and solely for the MUNICIPALITY's internal use for the specific purposes of this Agreement. 8.3. All pre-existing and independently developed intellectual property (including copyrights), and any derivation thereof, including but not limited to designs, models, inventions, processes, methodologies, software, associated documentation, software upgrades, modifications and customizations, copyrightable material and other tangible and intangible materials authored, and combinations thereof, prepared, created, made, delivered, conceived or reduced to practice, in whole or in part, by IPS and provided to the MUNICIPALITY ("Pre -Existing and Independently Developed IP") will at all times remain the sole and exclusive property of IPS and/or its vendors. Nothing in this Section or elsewhere in this Agreement shall be construed as assigning, selling, conveying, or otherwise transferring any ownership rights or title in IPS's Pre -Existing and Independently Developed IP. 8.4. IPS understands the nature of public information and the requirement for the MUNICIPALITY to adhere to all rules and laws that apply to public information, such as the Freedom of Information Act, Public Records Act(s), and the like. Should the MUNICIPALITY be obliged to disclose any information relating to the Equipment, the Services or any Confidential Information concerning IPS, the MUNICIPALITY undertakes to give IPS prior written notice of its intention to do so and to afford IPS sufficient time in which to launch injunctive proceedings. 8.5. The MUNICIPALITY agrees that it shall not knowingly agree, whether directly or indirectly, to sell, loan or rent any Equipment or allow any third party to gain access to Equipment, software, back -office software, reporting or documentation provided by IPS for any purpose, including but not limited to the purposes of inspection, benchmarking or reverse engineering or evaluation without the prior written consent of IPS, or as mandated by applicable law or any binding order of Court. 8.6. The provisions of this Section will survive expiration or termination of this Agreement. 9. Confidential Information. Page 5 of 16 Page 221 of 337 9.1. "Confidential Information" shall mean, without limitation, all strategic information, business plans, data, sketches, drawings, pictures, business records, customers lists, marketing plans, policies and procedures, pricing, product information, drawings, source code, API documentation, designs, specifications, information relating to processes, technologies, methodologies, concepts or theory and any or all other information which may be disclosed by the disclosing Party to the recipient that may reasonably be considered to be proprietary and non-public data, including correspondence both written and verbal and identified as "confidential." 9.2. The recipient acknowledges the competitive value and confidential nature of the Confidential Information and the damages that would result to the disclosing Party if any such information were disclosed or misused. Therefore, recipient will keep Confidential Information protected, utilizing the same level of care and discretion that is used by the recipient to protect similar sensitive information, and shall not be disclosed by the recipient in any manner whatsoever. 9.3. The recipient shall have no non -disclosure obligation hereunder with respect to any Confidential Information which (A) has been legally made public, other than by acts of the recipient in violation of this Agreement or (B) was or becomes independently known or available to the recipient, on a non -confidential basis, from a source other than the disclosing Party and which is not subject to any restrictions on disclosure or (C) is independently developed by the receiving Party, such independent development being reasonably documented or (D) is disclosed with written permission by the disclosing Party or (E) is obligated to be produced where required by a court order. 9.4. The recipient shall notify the disclosing Party promptly of any loss, misuse or misappropriation of the Confidential Information. Recipient agrees that no license, either expressed or implied, is hereby created or granted to recipient by disclosing Party to use any of the Confidential Information for any purpose other than the purposes of this Agreement. All rights and title to the Confidential Information shall remain in the disclosing Party. 10. Dispute Resolution. 10.1. If any dispute arises out of or relates to this Agreement, or the breach thereof, the Parties agree to meet and confer and negotiate in good faith prior to initiating a suit for damages. However, this Section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either Party may make a written request for a meeting between representatives of each Party within 14 calendar days after receipt of the request or such later period as agreed by the Parties. Each Party shall include, at a minimum and to the extent possible, one senior level individual with decision making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within 30 calendar days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation via a mutually agreed third party, with the cost of mediation equally shared between the MUNICIPALITY and IPS or as otherwise agreed to between the Parties. Negotiation may be waived by a written agreement signed by both Parties, in which event the Parties may proceed directly to mediation as described above. 11. Termination of Agreement for Cause. 11.1. If either the MUNICIPALITY or IPS violates any material term or condition of this Agreement or fails to fulfill in a timely and proper manner its obligations under this Agreement, then the aggrieved Party may give the other Party (the "responsible party") written notice of such failure or violation. The responsible party will correct the violation or failure within 30 calendar days or as otherwise mutually agreed. If the failure or Page 6 of 16 Page 222 of 337 violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party. The option to terminate will be at the sole discretion of the aggrieved party and shall not affect the aggrieved party's right to claim damages. 12. Termination of Agreement for Convenience. 12.1. If at any time during the term of this Agreement, the MUNICIPALITY is unable to budget funds to support this Agreement due to financial constraints, a declaration of bankruptcy or financial insolvency, the MUNICIPALITY may terminate this Agreement for convenience upon ninety (90) days written notice of such termination. Upon a termination for convenience, MUNICIPALITY waives any claims for damages, including but not limited to loss of anticipated revenues or profits. As IPS's sole remedy and MUNICIPALITY's sole liability, MUNICIPALITY will pay IPS in full for all outstanding invoices for Equipment provided and Services rendered on or before the date of termination for convenience, as well as reasonable costs actually incurred by IPS related to the labor, and materials used specifically for decommissioning, removing, reinstating/repairing the site after removal or disabling the Equipment and Services. 13. Insurance. 13.1. IPS agrees to obtain and maintain during the term of this Agreement the following minimum insurance. Certificates of Insurance: Prior to commencing work under the Agreement, IPS agrees to furnish Certificates of Insurance coverage as set forth below. The premiums for such insurance shall be paid by IPS. 13.2. Commercial General Liability. i. Minimum Limits: IPS shall obtain minimum limits of $1,000,000.00 each occurrence for bodily injury and property damage, $1,000,000.00 general aggregate, $1,000,000.00 products/completed operations aggregate, and $1,000,000.00 personal and advertising injury. The general aggregate limit shall apply on a "Per Project" basis. These minimum limits may be obtained by a primary liability policy, umbrella/excess liability policy, or any combination thereof. ii. Additional Insured: If IPS is required to indemnify certain parties, then IPS shall include such indemnified parties as additional insureds under its Commercial General Liability Policy for liability due to IPS's negligence resulting from IPS's work for the indemnified parties. A copy of the additional insured endorsement shall accompany IPS's certificate of insurance. 13.3. Automobile Liability, including bodily injury and property damage coverage. i. Minimum Limits: IPS shall obtain minimum limits of $2,000,000.00 each occurrence for all owned, hired, and non -owned vehicles written on a policy form equivalent to Insurance Services Office coverage form CA 0001. These minimum limits may be obtained by a primary liability policy, umbrella/excess liability policy, or any combination thereof. 13.4. Workmen's Compensation. IPS shall obtain Worker's Compensation in accordance with Federal and State Laws for all States in which work is performed. i. Waiver of Subrogation: IPS shall provide a waiver of subrogation with respect to workers compensation in favor of the MUNICIPALITY. A copy of the endorsement shall be attached to the certificate of insurance. 13.5. Employer's Liability Coverage. IPS shall obtain Employers Liability Coverage of at least $1,000,000.00 each accident, $1,000,000.00 disease policy limit and $1,000,000.00 disease each employee. Page 7 of 16 Page 223 of 337 13.6. Professional [E&O], Data Breach, and Cyber Liability. IPS shall maintain Professional (E&O), Data Breach Liability, and Cyber Liability coverage in the amount of not less than $2,000,000.00 per claim. Coverage may be written on a claims made basis. 13.7. Cancellation: IPS shall provide to the Municipality 30 days' notice in the event of cancellation, termination, or non -renewal without replacement. This notice shall be 10 days in the event cancellation for non-payment of premium. 13.8. Carrier Rating: All carriers must have an AM Best rating of no less than A IX. 14. Indemnification and Limits of Liability 14.1. IPS agrees to defend with counsel reasonably acceptable to the MUNICIPALITY and indemnify MUNICIPALITY, its elected and appointed officials, officers, agents, employees, contractors and agents (collectively, the "Indemnified Parties") from and against losses, claims, expenses (including, but not limited to, reasonable attorneys' fees), costs, fines, fees, penalties, liabilities or damages (collectively, "Losses") arising from IPS's breach of its obligations under this Agreement, arising from IPS's acts or omissions, for any Losses incurred by or asserted against any one or more or all of the Indemnified Parties by reason of damage to property or injury to, or death of, any person, caused by the acts, omissions, or negligence of IPS, its employees, agents or contractors. IPS shall not be responsible for any Losses attributable to acts, omissions, or negligence of the Indemnified Parties, including misuse or abuse of IPS Equipment and Services, nor for any Losses arising directly or indirectly caused by acts of vandalism. This paragraph shall survive the termination or expiration of this Agreement. 14.2. Notwithstanding the foregoing, this indemnification shall not apply to claims made in instances in which (a) IPS simply followed the directions or instructions provided by MUNICIPALITY; (b) MUNICIPALITY changed, modified or altered the services rendered or tasks performed by IPS such that, absent MUNICIPALITY's actions, no such claims would have been brought against IPS and/or MUNICIPALITY; or (c) the claims asserted by a third party which derive from the combination of technology and/or intellectual property of IPS when used with MUNICIPALITY's owned or licensed technology and/or intellectual property such that, absent such combination, no such claims could have independently been brought by or against IPS. 14.3. In order for MUNICIPALITY to obtain the indemnification from IPS specified herein, MUNICIPALITY must: (a) promptly notify IPS in writing of the claims for which indemnification is sought; (b) provide IPS with copies of all pleadings, writings and documents pertaining to such claim; (c) permit IPS to control the defense of such claim and all settlement discussions in regards to resolving such claim; and (d) provide reasonable cooperation to IPS in regards to the litigation or negotiation of a resolution of such claim. Notwithstanding the foregoing sentence, IPS will not enter into any settlement without MUNICIPALITY's prior written consent, unless all third party claims against MUNICIPALITY are released without any further liability on MUNICIPALITY's part. This paragraph shall survive the termination or expiration of this Agreement. 14.4. Nothing in this Agreement shall constitute any form of real or implied revenue guarantee by IPS. 14.5. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, ANTICIPATED RENVUES OR OTHER MONETARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND ANY ACTIONS OR OMISSIONS WITH RESPECT THERETO, WHETHER OR NOT ANY SUCH MATTERS OR CAUSES ARE WITHIN A PARTY'S CONTROL OR DUE TO NEGLIGENCE OR OTHER FAULT ON THE PART OF A Page 8 of 16 Page 224 of 337 PARTY, ITS AGENTS, AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES (INCLUDING ANY CLAIMS ARISING FROM INTERRUPTION OF OR OTHER DEFICIENCIES IN WIRELESS OR INTERNET SERVICES), AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE. THE TOTAL CUMMULATIVE LIABILITY INCURRED BY IPS IN CONNECTION WITH THIS AGREEMENT SHALL BE SOLELY LIMITED TO THE AMOUNT PAID TO IPS IN AN AMOUNT EQUAL TO THE PRECEDING 12 MONTHS TOTAL FEES PRIOR TO THE CLAIM. 14.6. Both Parties acknowledge that the Limitations of Liability set forth above are fundamental elements of this Agreement, without which neither Party would have entered into this Agreement. 15. Liens and Taxes. 15.1. MUNICIPALITY shall keep the Equipment free and clear of all levies, liens, and encumbrances, except those created by this Agreement. MUNICIPALITY shall pay, when due, all charges and taxes (local, state, and federal), which may now or hereafter be imposed in conjunction with this Agreement. 16. Notices. All notices under this Agreement must be in writing, shall refer to the title and effective date of this Agreement, and shall be sufficient if given personally, sent and confirmed electronically, or mailed certified, return receipt requested, postage prepaid, and at the address hereinafter set forth or to such address as such Party may provide in writing from time to time. Any such notice will be deemed to have been received five days subsequent to mailing. Notices shall be sent to the following addresses: IPS: IPS Group, Inc. 7737 Kenamar Court San Diego, CA 92121 Attn: Chad Randall chad.randall@ipsgroupinc.com tel: 858-568-7609 MUNICIPALITY: City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 Attn: Finance Department Page 9 of 16 Page 225 of 337 17. Relationship of the Parties. 17.1. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association between the Parties, and both Parties shall be and remain independent entities. Neither Party has the right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other Party or to bind the other Party in any respect whatsoever, except as otherwise provided in this Agreement. 18. Assignment. 18.1. Should the MUNICIPALITY enter into an agreement with a third party for parking operations during the term of this Agreement, IPS shall provide that operator the same rights, terms, and conditions as included in this Agreement. Such assignment shall not be effective unless and until the MUNICIPALITY has provided notice to the IPS of such assignment, and any such third party will be required to adhere to all terms and conditions contained herein. 18.2. IPS may not assign, hypothecate or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of MUNICIPALITY, which shall not be unreasonably withheld. 19. General Provisions. 19.1. Waiver. A waiver of any breach of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant or condition of this Agreement. No delay or failure on the part of either Party to insist on compliance with any provision of this Agreement shall constitute a waiver of such Party's right to enforce such provision, no matter the length of the delay. In the case of any granted waiver by the consenting Party, which must be provided in writing, such waiver shall not constitute a waiver of the same obligation or any other obligation under this Agreement. 19.2. Modification or Amendment. No oral modifications shall be effective and nothing shall be deemed as a modification of this Agreement unless provided in writing and signed by both Parties. 19.3. Entire Agreement. This Agreement sets forth the entire agreement between the Parties with respect to the subject matter hereof. Understandings, agreements, representations or warranties not contained in this Agreement, or as written amendment hereto, shall not be binding on either Party. Except as provided herein, no alteration of any terms, conditions, delivery, price, quality or specifications of this Agreement shall be binding on either Party without the written consent of both Parties. 19.4. Injunctive Relief. The Parties agree that a breach of the obligations in Section 8 ("Intellectual Property and Ownership") and Section 9 ("Confidential Information") may cause irreparable harm to the affected Party, the amount of which would be impossible to ascertain, and that there is no adequate remedy at law. Notwithstanding the provisions of Section 10 ("Dispute Resolution"), and in addition to any other rights and remedies it may have, the affected Party shall have the right to obtain an injunction from a court of competent jurisdiction restraining such breach or threatened breach and to specific performance of any provision of this Agreement, and both Parties agree that no bond or other security shall be required in obtaining such equitable relief and consents to the issuance of such injunction and to the ordering of specific performance without proof of actual damages. Page 10 of 16 Page 226 of 337 19.5. Integration. This Agreement may be executed in multiple counterparts each of which shall be deemed an original, but all of such taken together shall constitute only one Agreement, superseding all prior understandings, oral or written; and it is expressly understood, and that this Agreement does not obligate either Party to enter into any other or further agreements. 19.6. Governing Law. This Agreement shall not be construed against either Party regardless of which Party drafted it. This Agreement shall be construed and enforced according to the laws of the State of Iowa, without regards to conflict -of -laws principles, and all local laws, ordinances, rules, and regulations. 19.7. Venue and Jurisdiction. The MUNICIPALITY and IPS agree that venue and jurisdiction relating to this Agreement shall be in the Iowa District Court for Black Hawk County or the U.S. District Court for the Northern District of Iowa. The Parties agree that venue exists in either court, or each Party expressly waives any right to transfer to another venue. The Parties further agree that either court will have personal jurisdiction over the Parties to this Agreement. 19.8. Attorney's Fees. If any suit, action, arbitration or other proceeding is instituted upon this Agreement or to enforce rights, judgments or otherwise pursue, defend or litigate issues, or any other controversy arises from this Agreement, the prevailing Party shall be entitled to recover from the other Party and the other Party agrees to pay the prevailing Party, in addition to costs and disbursements allowed by law, such sum as the court, arbitrator or other adjudicator may adjudge reasonable as an attorney's fee in such suit, action, arbitration or other proceeding, and in any appeal. Such sum shall include an amount estimated by the court, arbitrator or adjudicator, as the reasonable costs and fees to be incurred in collecting any monetary judgment or award or otherwise enforcing each award, order, judgment or decree entered in such suit, action or other proceeding. 19.9. Force Majeure. If any Party is prevented from performing its obligations stated in this Agreement by any event not within the reasonable control of that Party, including, but not limited to, acts of God, war, civil disturbance, insurrection, civil commotion, destruction of production facilities or materials by earthquake, fire, flood or storm, labor disturbances including strikes or lockouts or epidemic, and failures of public utilities (such as internet, cellular network, and electricity), it shall not be in default in the performance of its obligations stated in this Agreement. Provided, however, any Party delayed by such an event shall request an extension of time to perform its obligations stated in this Agreement by notifying the Party to which it is obligated within ten (10) days following the event. If the notified Party agrees that the event was the cause of the delay, the time to perform the obligations stated in this Agreement shall be extended by the number of days of delay caused by the event. If the required notice is not given by the delayed Party, no time extension shall be granted. If any event of force majeure exists for a continuous period of more than 120 days, then either Party shall be entitled to terminate this Agreement without being liable for any claim from the other Party. 19.10. Severability. If any provision in this Agreement subsequently is determined to be invalid, illegal or unenforceable, that determination shall not affect the validity, legality or enforceability of the remaining provisions stated in any section or sub -section of this Agreement unless that effect is made impossible by the absence of the omitted provision. 19.11. Authorization. Both Parties represent and warrant that the person executing this Agreement on behalf of each Party is an authorized agent who has actual authority to bind each Party to each Page 11 of 16 Page 227 of 337 and every term, condition, and obligation of this Agreement and that all requirements of each Party have been fulfilled to provide such actual authority. 19.12. Determination. Notwithstanding anything to the contrary, should either Party be required to make any determination in terms of this Agreement, such determination shall be made in a reasonable and objective manner without undue delay. 19.13. Binding Document. The MUNICIPALITY and IPS each binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto in respect to all covenants, conditions, and obligations contained in the Agreement. 19.14. Section Headings. All section headings in this Agreement are for the convenience of reference and are not intended to define or limit the scope of any provision of this Agreement. 19.15. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. Signature page to follow: Page 12 of 16 Page 228 of 337 In witness whereof, the Parties have caused this Agreement to be executed the day and year first above written. MUNICIPALITY: ATTEST: By: CITY CLERK TO FORM: By: MUNICIPALITY Attorney By: Mayor APPROVED AS IPS GROUP, INC., a Pennsylvania corporation By: Brian Webber General Counsel Page 13 of 16 Page 229 of 337 ATTACHMENT A - SCOPE OF SERVICES 1P5 SCOPE OF WORK PRODUCTS & SERVICES Date Created: Created For: 9.4.2024 City of Waterloo, IA 14 Waterloo, IA I Scope of Work Page 230 of 337 CONTEN" SCOPE OF WORK: PRODUCTS & SERVICES 3 MULTI -SPACE PAY STATION 4 FEATURES INCLUDED 4 RATE STRUCTURE 4 INSTALLATION SERVICES 4 PARK SMARTERTM & TEXT2PAYTM 5 FEATURES INCLUDED 5 DATA MANAGEMENT SYSTEM (DMS) 6 CLIENT SUPPORT 7 IPS, IPS GROUP, and other IPS-owned marks are trademarks and/or registered trademarks of IPS Group Inc. IPS reserves all rights to the IPS copyright materials contained herein. All third -party company names, product names, and trademarks are owned by their respective owners and are used for reference purposes only. 15 Waterloo, IA I Scope of Work Page 231 of 337 SCOPE OF WORK: PRODUCTS & SERVICES 16 Waterloo, IA I Scope of Work Page 232 of 337 MULTI -SPACE PAY STATION IPS will furnish and install the following multi -space pay station equipment for the CUSTOMER. The Pay Stations will be configured based on the rate structure provided by the CUSTOMER. Additional rate structures or feature requests beyond what is listed may result in a delay in the go -live plan. FEATURES INCLUDED ■ Model: MS3 (21 Units) ■ Power Source: Solar ■ Mode: Pay -by -Plate ■ Payments Accepted: o Credit/debit cards (Visa, MC, AMEX, and Discover) o Coins (no dollar coins) o NO CASH o EMV "touchless" options including pay -by -cell integration, smart payments (e.g., Apple PayTM and Google PayTM) ■ On-street/off-street: On -street ■ Integrations: Passport Mobile App & Genetec LPR ■ Notes: o The city of Waterloo will be the merchant of record and will be required to provide a Merchant ID for meter payments. The city currently uses Elavon. o Final order to include recommended/required spare parts as specified on the sales quote. o The city has the option to utilize the IPS Permitting and Enforcment solution in the value add pricing section. RATE STRUCTURE ■ Blue Zone: 30 minutes - $0.25 ■ Red Zone: 60 minutes - $0.25 ■ Green Zone: 75 minutes - $0.25 ■ Pink Zone: 150 minutes - $0.25 *Current rates as of 9/4/2024. The city evaluating a new rate structuere and the new rates will be reviewed by IPS prior to implementation. INSTALLATION SERVICES IPS will provide on -site installation of all hardware. The CUSTOMER will be responsible for providing adequate storage and working space before the installation. Additionally, the CUSTOMER will be responsible for adequate site prep at each install location once finalized by IPS and CUSTOMER. The site prep includes a 2' x 2' x 2' concrete pad and 110V NC Power (if applicable). All Pay Stations will be firmly affixed to the concrete via standard concrete anchors. Any existing meter hardware will be removed by the City of Waterloo. 17 Waterloo, IA I Scope of Work Page 233 of 337 TEXT-TO-PAYTM IPS will be providing our mobile payment solution called TEXT2PAYTM, which work alongside the existing mobile application (Passport) and the IPS Multi -Space Meters. TEXT TO P2HT" TEXT2PAYTM integrates with the DMS to enable the management of parking policies with live alerts, reporting, and data analytics. The solution sends expiration notifications and allows the ability to add time to prevent parking ticket fines. FEATURES INCLUDED • Individual Pole Configuration (Single Space): N/A • Zone Configuration: Yes. Exact number and configuration of zones is TBD. • On -street or off-street: On -Street • Payments Accepted: Visa®, MasterCard®, American Express®, Discover®, Apple Pay®, and Google Pay TM • Integrations: Impark PayByX data aggregation for data collection and enforcement *IPS will provide standard decals for Text -to -Pay which will be applied to the Multi -Space Meters. The customer must select an option at time of order. Additionally, IPS can provide standard logos/artwork for signs. The city will be responsible for providing signage. 18 Waterloo, IA I Scope of Work Page 234 of 337 DATA MANAGEMENT SYSTEM (DMS) With all meter implementations IPS will provide the CUSTOMER with access to the Data Management System to allow for the management of IPS Single -Space Meters and Multi -Space Meters as well as Park Smarter. The Data Management System (DMS) is a real-time, web -based application and is available 24/7 to authorized users. No local hardware is required. TECHNICAL FEATURES ■ Secure private cloud ■ Real-time updates and live alerts ■ Customizable routes to maximize efficiency Seamless integration with all IPS meters and sensors Ability to monitor meter health remotely Flexibility to use as much, or as little data as you choose Analytics view options to turn data into usable charts ▪ User profiles to control access ■ Compatibility with Android OS and Apple iOS OPERATIONAL REQUIREMENTS Hardware Requirements: IPS provides hosted DMS; no local hardware required. Network Requirements: High-speed internet connection recommended (such as cable or DSL access). Operating System Software Requirements: An internet browser is the only tool required to access the system. Windows and Apple iOS are typical. Browser Requirements: Any current internet browser will be sufficient. MS Edge, Mozilla Firefox, Google Chrome, and iOS-supported browsers are all compatible, including mobile phone browsers. 19 Waterloo, IA I Scope of Work Page 235 of 337 CLIENT SUPPORT IPS understands that ongoing support is a critical element of any successful project and the basis of a long-term partnership. IPS is uniquely positioned to provide support services that will translate into the most responsive and comprehensive service offering available. The CUSTOMER's designated Client Success Team will include a Client Support Manager who understands all the intricacies of your project. The CUSTOMER will receive all the following support: • 24/7 Telephone Help Desk & Ongoing Support: Client service resources with in-depth system knowledge around the clock to ensure you get what you need, fast. Our team of experts is available via a telephone -based help desk during normal business hours from 8 a.m. to 5 p.m. Pacific Time, Monday through Friday. IPS will also provide after-hours / emergency technical support to maintain constant coverage. Upon execution of the contract, IPS will provide contact information for all IPS senior staff. IPS Client Services can be reached toll -free at (858) 568-7648, or at customersupport©ipsgroupinc.com for non -emergencies. • Online Support and RMA Process (Meters): Online assistance and RMA management from one easy -to -use portal. The Data Management System (DMS) can be used to submit and track help tickets. (https://sso.ipsmetersystems.com). In the rare event that the meter cannot be repaired by your technician, the equipment will need to be returned to our RMA Department, and updates can be monitored online, at any time. For equipment under warranty, IPS will pay the shipping costs to return the equipment to IPS' location and the cost to ship it back to the CUSTOMER. If the equipment is not under warranty, the CUSTOMER will have to pay to ship the equipment (both ways). • Live Chat Capabilities (Enforcement): The Enforcement Management System features Live Chat in addition to service by phone. • User Manuals and Training Materials: The DMS and EMS provide online help tools including product manuals, FAQs, "how-to" training videos, and more. These tools are accessible online for authorized CUSTOMER users. • Technical Resources: As both the designer and manufacturer of its smart parking technology, IPS will designate technical resources including a team of hardware/software engineers, database administrators, and web/data-integration engineers for additional support. • Personalized Follow -Up Meetings: Once implementation is complete, a conference call between the CUSTOMER and the IPS Project Team will be held to discuss the wrap-up of the implementation and ensure all project criteria have been met and accepted by the CUSTOMER. IPS Account Managers will host periodic check -in meetings can to discuss progress or additional concerns as needed. 20 Waterloo, IA I Scope of Work Page 236 of 337 CLIENT SUPPORT The target timeline listed below is relative to the Notice to Proceed ("NTP") that the CITY will give to IPS upon receipt of a fully executed contract. Many of these activities happen in parallel. Below is a standard installation/implementation timeline. TASK Phase I: Contract & Negotiations Timeline Notes Develop & Finalize Scope In Progress Final documents, legal review, approvals & signature 5-10 Days from NTP Execute Contract 3-5 Days from Submission* *Pending successful legal review by both parties. Order Processed 5-10 Days from Contract Execution PHASE II: Project Initiation Timeline Notes Project Kick -Off Call 10-15 Days ARO • Bi-weekly Project Call Set Up • Order Review and Confirmation • Key Points -of -Contacts Hardware Orders Submitted 10-15 Days ARO • Multi -Space PayStations • T2P Decals PHASE III: Configuration Timeline Notes Establish Implementation Schedule 15-30 Days DMS Account & User Setup 15-30 Days Merchant Account Setup • PayStation/T2P Payments 30-45 Days Review Customer Provided Meter Rate Configurations 30-45 Days Integration Review 45-60 Days Integration Configuration 60-90 Days Transaction & Integration Testing 60-90 Days Multi -Space PayStation Delivery 12-14 Weeks PHASE IV: Installation Timeline Notes Multi -Space PayStation Installation 1-2 Weeks After Delivery *Exact install dates and timing to be coordinated with the city PHASE V: Training Timeline Notes DMS, ParkSmarter, and Meter Hardware 60-90 Days & Ongoing PHASE VI: System Go -Live 14-16 Weeks ARO 21 Waterloo, IA I Scope of Work Page 237 of 337 ATTACHMENT B - Pricing and Warranty 22 Waterloo, IA I Scope of Work Page 238 of 337 J 7737 Kenamar Court, San Diego, CA 92121 G/1erlUP 111111111111111114001111111111111 IPS Sales Quote Date Quote # Customer Sub -Contractor 08/16/2024 IPS-2024- 0816123454 IPS Group (1) None Bill To Waterloo, IA 625 Glenwood St WATERLOO, IA 50703 Ship To Waterloo, IA 625 Glenwood St WATERLOO, IA 50703 Rep ACV Terms FOB Contract P.O# RR New Net 30 San Diego Item Description Qty Price Total 967-058-2E MS3 Version 2.5 Multi -Space Pay Station - 21 $6,950.00 $145,950.00 Pay by Plate / Pay by Space (US Currency) Contactless-EMV w/Bottom ELocks 767-296 MS 1/MS3 Standard Mounting Plinth 21 $00.00 $00.00 767-295 MS1/MS3 Standard Mounting Pedestal 21 $00.00 $00.00 767-089 MS1/MS3 Installation Hardware 21 $00.00 $00.00 Installation On -site Services 1 $7,960.00 $7,960.00 (2 Technician(s) - 4 Days) N/A Card Decals : 1 $00.00 $00.00 VISA,MASTERCARD,AMERICAN EXPRESS,DISCOVER PPag 239 of 337 J 7737 Kenamar Court, San Diego, CA 92121 G/1erlUP 11111111111111111RORRIEN11 IPS Sales Quote Date Quote # Customer Sub -Contractor 08/16/2024 IPS-2024- 0816123454 IPS Group (1) None Bill To Waterloo, IA 625 Glenwood St WATERLOO, IA 50703 Ship To Waterloo, IA 625 Glenwood St WATERLOO, IA 50703 Rep ACV Terms FOB Contract P.O# RR New Net 30 San Diego Item Description Qty Price Total Notes -Freight + FREIGHT CHARGES (SHIPPING FREIGHT ECONOMY) 1 $8,049.75 $8,049.75 CC Fees/Transaction Monthly DMS Fees $0.0000 $55.0000 Order Remarks: TERMS AND CONDITIONS: Subtotal $161,959.75 Sales Tax (7.000%) $0.00 Grand Total $161,959.75 1. Quote is stated in USD. Shipping and sales tax charges may apply. 2. Orders will not be submitted until a Purchase Order has been issued or a signed copy of the quote is received by IPS Group, Inc. If your company uses a blanket purchase order, please write the number in the 'P.O. No.' box near the top of the quote. 3. A signed copy of this quote must be returned to your sales representative for further processing. Notification will be sent once the order is submitted for processing. 4. This quote expires 90 days after the date it was issued. 5. Unless IPS has a formal contract or agreement in place, then the following default terms and conditions will apply: https://ipsgroupinc.com/terms-conditions/ 6. if you have any questions, or require further assistance please contact customer support by submitting your questions to the email address below. Signature Pagee2/240 of 337 Phone # Fax # E-mail 858-568-7648 858-408-7839 customersupport@ipsgroupinc.com I I IIIII II III II I II II6II3IMII II III III I I Pagege 3/241 of 337 J 7737 Kenamar Court, San Diego, CA 92121 G/1erlUP 111111111111111111144111111111111111111 IPS Sales Quote Date Quote # Customer Sub -Contractor 08/16/2024 IPS-2024- 0807123407 IPS Group (1) None Bill To Waterloo, IA 625 Glenwood St WATERLOO, IA 50703 Ship To Waterloo, IA 625 Glenwood St WATERLOO, IA 50703 Rep ACV Terms FOB Contract P.O# RR New Net 30 San Diego Item Description Qty Price Total 1119-601 Contactless Card Reader Antenna 1 $300.00 $300.00 767-046-ASY MS1 Spare/Replacement 600 Note Cash 1 $255.00 $255.00 Cassette with Lock 967-022 MOAB Battery Pack Assembly 1 $485.00 $485.00 967-001 MS3 Printer Sub Assembly 1 $950.00 $950.00 967-042 MS3 US 1X6 Bus KeyPad Assembly 1 $75.00 $75.00 967-054 MK7/MS3 Coin Validator Assembly W/BUS 1 $95.00 $95.00 1119-008 MS3 EMV Card Reader Assembly 1 $399.00 $399.00 967-019 MS3 Pay by Plate BUS Keypad Assembly 1 $275.00 $275.00 767-0115-US MOAB US Single Battery Charger Assembly 1 $79.00 $79.00 800-740 MSPM Power Board PCBA 1 $105.00 $105.00 DEC-124-803 TEXT -TO -PAY Multispace Decal 20 $14.95 $299.00 PPa 242 of 337 J 7737 Kenamar Court, San Diego, CA 92121 G/1erlUP 111111111111111119p111111111111111111 IPS Sales Quote Date Quote # Customer Sub -Contractor 08/16/2024 IPS-2024- 0807123407 IPS Group (1) None Bill To Waterloo, IA 625 Glenwood St WATERLOO, IA 50703 Ship To Waterloo, IA 625 Glenwood St WATERLOO, IA 50703 Rep ACV Terms FOB Contract P.O# RR New Net 30 San Diego Item Description Qty Price Total Notes -Freight + FREIGHT CHARGES (SHIPPING_GROUND) $97.16 $97.16 Order Remarks: TERMS AND CONDITIONS: Subtotal $3,414.16 Sales Tax (7.000%) $0.00 Grand Total $3,414.16 1. Quote is stated in USD. Shipping and sales tax charges may apply. 2. Orders will not be submitted until a Purchase Order has been issued or a signed copy of the quote is received by IPS Group, Inc. If your company uses a blanket purchase order, please write the number in the 'P.O. No.' box near the top of the quote. 3. A signed copy of this quote must be returned to your sales representative for further processing. Notification will be sent once the order is submitted for processing. 4. This quote expires 90 days after the date it was issued. 5. Unless IPS has a formal contract or agreement in place, then the following default terms and conditions will apply: https://ipsgroupinc.com/terms-conditions/ 6. if you have any questions, or require further assistance please contact customer support by submitting your questions to the email address below. 7. A 10% discount will be applied to the paystation hardware if the order is placed before the end of year 2024. Signature Phone # Fax # E-mail 858-568-7648 858-408-7839 customersupport@ipsgroupinc.com Page/243 of 337 1111111111111111111j1110114111111111111111111111111 Estimated Monthly Cost Secure Wireless Gateway/Data Fee and Meter Management System Software License Fee (per meter per month) $55.00 20 $1,100.00 Secure Credit Card Gateway Fee (per transaction) Included Included $0.00 Optional: Merchant Processing Fees (per transaction) To be quoted based on 0 $0.00 Estimated Monthly Cost: $1,100.00 Off -Street Qty Sub Total $25.00 $0.13 To be quoted based on O O $0.00 $0.00 O $0.00 Estimated Monthly Cost: $0.00 NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreemen pricing due to increases in Inflati n as published by the US Bureau of Labor Statistics for All Ite COUPON SMARTER Product/Service Price per unit Qty Sub Total CouponSmarter for MSM's - per meter / month $5.00 20 $100.00 CouponSmarter for SSPM's - per meter / month $0.50 0 $0.00 Minimum Monthly Charge $100.00 Monthly Cost: $100.00 MOBILE PAYMENTS PARK SMARTERT" & TEXT-TO-PAYT" MOBILE PAYMENT SOLUTION Per Transaction Fees Secure Credit Card Gateway / Convenience Fee (per transaction)* Fees $0.35 Qty 20,000 Sub Total $7,000.00 Optional: Pushing Time to Meter $0.10 0 $0.00 Optional: Merchant Processing Fees (per transaction) To be quoted based on 0 $0.00 Estimated Monthly Cost: $7,000.00 *Per transaction fees: IPS shall charge a user convenience fee described above, which shall be deposited with the client and invoiced monthly. Alternatively Preferred Card Processing Rates: Using our own payment provider IPS can provide preferred pricing for small -ticket mobile payment merchant processing. TOTAL COST FOR ALL PRODUCTS All Products - Estimated Monthly Recuring Cost $8,200.00 Pagee3/244 of 337 PAYSTATION PRICE LIST MULTI -SPACE METERS Multi -Space IPS MS3TM Multi -Space Pay Station — Pay and Display, Pay -by -Space, or Pay -by - Plate (Color Display, Card and Coin, Solar powered, NFC. Includes 12-month warranty) Quantity 0-50 Price Per Unit $6,950.00 IPS MS3TM Multi -Space Pay Station — Pay and Display, Pay -by -Space, or Pay -by - Plate (Color Display, Card and Coin, Solar powered, NFC. Includes 12-month warranty) Quantity 51-125 $6,450.00 IPS MS3TM Multi -Space Pay Station — Pay and Display, Pay -by -Space, or Pay -by - Plate (Color Display, Card and Coin, Solar powered, NFC. Includes 12-month warranty) Quantity 126+ $5,850.00 IPS Upgrade Kit Pay Station — Pay and Display, Pay -by -Space, or Pay -by -Plate (Solar powered, Includes 12-month warranty) $2,950.00 Shipping and Installation (per unit) — During normal business hours. (Ex Works —to be quoted based on ship to zip code and final scope of Concrete is included) TBQ work. work not Optional: Contactless Card Reader (NFC) Included Optional: AC Power Upgrade Kit $150.00 Optional: Add for Bill Note Acceptor (BNA) and 1 Stacker $1,500.00 Optional: Additional Coin Box $195.00 Optional: Additional BNA Stacker $255.00 Optional: MS3TM Extended Parts Warranty (per 12-month period) $395.00 Multi -Space Ongoing Costs On -Street Off -Street Secure Wireless Gateway/Data Fee and Meter Management System Software License Fee (per meter per month) $55.00 $25.00 / $55.00 Secure Credit Card Gateway Fee (per transaction) Included $0.13 / $0.07 Optional: Merchant Processing Fees (per transaction) To be quoted based on volume Optional: API or Data Integration Services To be quoted based on need NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually. Page 4 of 16 Page 245 of 337 SPARE PARTS MS1TM & MS3TM Spare Parts Price Per Unit: MS3' Standard Card Reader Assembly $149.00 Coin Validator Assembly $99.00 Solar Panel Replacement Kit $895.00 Main Operating Board $995.00 4G wireless modem assembly $270.00 LCD Display only (color) 1,100.00 Armored Display Glass $135.00 Thermal Printer $950.00 6-key Horizontal Keypad $85.00 Pay -by -Space Keypad Assembly $195.00 Pay -by -Plate Alphanumeric Keypad Assembly $275.00 Coin Shutter $195.00 Contactless Payment Reader (NFC) $735.00 Battery 72Ah (rechargeable) $485.00 Additional Large Coin Canister $195.00 Additional Small Coin Canister $105.00 Standard Paper Rolls (standard) approx 2000 3" tickets (.0045" thick) $32.00 Sticky Back Paper Rolls approx. 2400 2.75" tickets (.004" thick) $35.00 Bill Note Acceptor Assembly (with 600 note stacker)* $1,500.00 Additional 600 note stacker cartridge* $255.00 NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually. Page 5 of 16 Page 246 of 337 METER HOUSINGS & COLLECTION EQUIPMENT METER HOUSINGS & ACCESSORIES Product/Service Price per unit IPS Zinc top over Iron Vault-M90 style (large vault, std. IPS locks, black/grey color) $275.00 IPS All Iron -M95 style (large vault, std. IPS locks, black/grey color) $275.00 High Capacity Coin Can with IPS locks (holds approx. $65-fits M90 or M95 style housings) $50.00 Small Capacity Coin Can with IPS locks (holds approx. $45) $35.00 Standard IPS Locks $25.00 Standard IPS Keys $15.00 Yoke Assembly (Twin Mounting Adapter) std. black color (add $15 if new mounting hardware is required $85.00 Meter Poles (Schedule 40 -2" ID -Galvanized) $55.00 Vintage Sleeve — std. black color $55.00 Vintage Base- std. black color $65.00 Collar for Vintage Sleeve — std. black color $35.00 Medeco/Abloy Mechanical Lock (lock only) $55.00 Medeco E-Lock (lock only) (NOTE: additional Medeco e-lock accessories require separate quote) $195.00 Shipping and Installation (per unit) — During normal business hours. (Ex Works —to be quoted based on final scope of work. TBQ COLLECTION SYSTEMS & ACCESSORIES Product/Service Price per unit Collection Cart Only (standard) $500.00 Collection Cart Only (with enhanced suspension) $795.00 Standard Collection Head $500.00 Coin Collection Canister - Steel or Aluminum $500.00 NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually. Page 6 of 16 Page 247 of 337 REPLACEMENT PARTS & REPAIR SERVICES IPS shall provide warranty and non -warranty repair services based out of our office in San Diego, CA. For repair services not able to be first achieved on -site by the Customer or by phone, these meters will be returned to IPS at 7737 Kenamar Court, San Diego, CA, 92121, for repair or rework, and IPS will endeavor to ship within 3-4 weeks of receipt, depending on the quantities received and work schedules. ALL RETURNS REQUIRE AN "RMA" NUMBER prior to shipment to IPS in order to avoid additional delays. An RMA may be requested by contacting the responsible IPS customer support manager, by contacting the IPS Help desk, phone ((877) 630-6638 or (858) 404-0607) or email (support@ipsgroupinc.com). All items returned to IPS must be securely packaged to avoid further damage in shipment and all shipments will be via Ground Freight Service unless expedited service and payment of associated fees are requested. Automated RMA tracking, including work performed to repair meters, can be viewed at any time using IPS meter management system. Product/Service Price per unit Single Space M3TM Non -Warranty repair work (includes parts/labor) N/A Single Space M5TM Non -Warranty repair work (includes parts/labor) $115.00 + shipping Single Space M7TM Non -Warranty repair work (includes parts/labor) $125.00 + shipping Multi -Space MS1TM / MS3TM Non -Warranty repair work To be quoted On -site technical services: shall be quoted to include labor, travel costs, accommodation, car rental, and per diem costs. Spare Parts shall be quoted and added to final costs based on the identified needs. $1,125/day + parts Shipping costs for any of the above shall be added to the final invoice TBQ NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually. ON -SITE MAINTENANCE SERVICES IPS can offer on -site technician services either part-time or on a full-time basis. The costs of the services are outlined below: Item Units Unit Price Part -Time IPS Technician Per day $1,125.00 per technician Full -Time IPS Technician Per month TBQ is based on the scope of services. Would be inclusive of technician and IPS vehicle. Page 7 of 16 Page 248 of 337 COUPON SMARTER Product/Service Price per unit CouponSmarter for MSM's $5.00 per meter / month CouponSmarter for SSPM's $0.50 per meter / month Minimum Monthly Charge $100.00 MOBILE PAYMENTS PARK SMARTERTM & TEXT-TO-PAYTM MOBILE PAYMENT SOLUTION Per Transaction Fees Fees Secure Credit Card Gateway / Convenience Fee (per transaction)* Optional: Pushing Time to Meter Optional: Merchant Processing Fees (per transaction) $0.35 $0.10 TBQ *Per transaction fees: IPS shall charge a user convenience fee described above, which shall be deposited with the client and invoiced monthly. Alternatively, IPS can quote a combination of fees plus merchant fees that can be paid directly from the merchant account. Preferred Card Processing Rates: Using our own payment provider IPS can provide preferred pricing for small -ticket mobile payment merchant processing. Quotes for this service are available upon request Product/Service Price per unit Mobile payment decals for SSPM (Front/Back) $4.50 Mobile payment decals for SSPM (Side) $3.95 Mobile payment decals for MSM $14.95 Decal Shipping TBQ On -site Setup and Installation see below Additional signage or scope of work to be quoted upon request TBQ On -site setup: IPS shall provide the client with instructions on how to set up / install decals in support of the PARK SMARTER"' mobile payment application. However, IPS will send staff to provide installation and setup services. The costs for these services will be based on the costs of travel, rental car, hotel, and per diem expenses and will be added to the setup invoice at the completion of the service. Page 8 of 16 Page 249 of 337 IMPLEMENTATION WITH 3RD PARTIES Product/Service Price per unit Implementation with 3rd party for enforcement TBQ Customizations $200/hr Implementation: IPS shall integrate with 3rd party enforcement software or IPS can provide the client with IPS enforcement software at prices not included in this proposal. Any client designated 3rd party that charges IPS for integration services will be passed along to the client. NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually. IPS LIMITED WARRANTY - METER SOLUTION IPS will provide a limited parts warranty for any new meter or sensor product manufactured and supplied by IPS for 12 months under normal use. The warranty protects against defects in materials and workmanship from the point of installation or 15 months from the date of delivery, whichever is sooner, and 90 days from the date of delivery received in the case of spare or repaired products. Software Services are provided "as - is" and IPS shall provide bug fixes at no cost during the contract term. Additional Warranty Provisions: IPS must have the opportunity to assist in the initial deployment and system installation. Repair or replacement under warranty of any defective product (including any meter or subcomponent) does not extend the warranty period for that product or subcomponent. IPS will either repair or replace products or subcomponents, at our discretion, that are found to be defective within the defined warranty period, with transportation costs prepaid by the customer. Returns for credit will only apply once IPS has received a defective product (including any meter or subcomponent) and confirmed that defects were within the warranty period and are covered under the terms and conditions of the warranty provided. IPS strongly recommends that customers pre -purchase spare parts inventory for immediate access. Defective parts can be replaced immediately from customer stock and IPS shall replace such components upon receipt and determination of defect. On -site labor is explicitly not included in this limited warranty. Customer shall be sufficiently trained to perform all on -site work, including meter or sub- component removal/replacement. IPS can provide additional on -site services under a separate maintenance agreement or quoted on an as -needed basis. THE WARRANTIES CONTAINED IN THE AGREEMENT DOCUMENTS ARE IPS'S SOLE AND EXCLUSIVE WARRANTIES. THE EXTENT OF IPS'S LIABILITY FOR A WARRANTY CLAIM IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE EQUIPMENT OR DEFECTIVE SERVICE OR SOFTWARE AT THE SOLE OPTION OF IPS. IPS AFFIRMATIVELY EXCLUDES ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE EQUIPMENT AND/OR SERVICES OR SOFTWARE PROVIDED INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT IPS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WHETHER ARISING BY LAW OR BY REASON OF CUSTOM OF THE TRADE. Exclusions: Warranty voided with use of imitation or non -genuine IPS replacement parts, un-authorized alterations, abuse, vandalism, improper installation by customer, handling or general misuse to the equipment (hardware or software), including attempted repairs that result in damage. The warranty specifically excludes any consumable items such as paper, batteries, etc. Software warranty is void if usernames and/or passwords are shared with third parties, or allowance of third party access to IPS software without IPS written consent. Force Majeure: IPS shall not be liable for any warranty provisions where such product failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane Page 9 of 16 Page 250 of 337 or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, Internet services or cellular telecommunication failures caused by any of the events or causes described above. IPS provides no warranty with respect to any third -party hardware or software, whether supplied in connection with this Agreement or otherwise. Preventative Maintenance: The primary operational elements will be a working battery, card reader, coin validator and printer (if applicable). All product surfaces should be kept clean with mild soap and water. No harsh chemicals should be used on any plastic surfaces. The card reader heads should be cleaned with a cleaning card every 1-2 months to ensure optimum performance. Cleaning cards may be purchased from IPS. Batteries should be replaced when notified by the IPS Data Management System. At 6-month increments, the coin validator shall be visually inspected for any damage or debris. Compressed air may be used to keep the card reader, coin acceptor or printer (if applicable) clear of debris, every 6 months. Additional preventative maintenance shall be administered by customer staff at such time as it is apparent to be necessary, even if it should occur on a more frequent basis than described herein. product failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, Internet services or cellular telecommunication failures caused by any of the events or causes described above. IPS provides no warranty with respect to any third - party hardware or software, whether supplied in connection with this Agreement or otherwise. Preventative Maintenance: The primary operational elements will be a working battery, card reader, coin validator and printer (if applicable). All product surfaces should be kept clean with mild soap and water. No harsh chemicals should be used on any plastic surfaces. The card reader heads should be cleaned with a cleaning card every 1-2 months to ensure optimum performance. Cleaning cards may be purchased from IPS. Batteries should be replaced when notified by the IPS Data Management System. At 6-month increments, the coin validator shall be visually inspected for any damage or debris. Compressed air may be used to keep the card reader, coin acceptor or printer (if applicable) clear of debris, every 6 months. Additional preventative maintenance shall be administered by customer staff at such time as it is apparent to be necessary, even if it should occur on a more frequent basis than described herein. Page 10 of 16 Page 251 of 337 VALUE ADD - AVAILABLE OPTIONS SINGLE-SPACE AND SENSORS CAPITAL AND ONGOING COSTS MST"' Capital Costs New Factory Certified* M7TM IPS Credit Card -Enabled Single -Space Meter (12-month warranty, NFC contactless, RFID tag) $575.00 N/A MSTM IPS Credit Card -Enabled Single -Space Meter (12-month warranty, NFC contactless, RFID tag) Quantity 0-500 $535.00 $395.00 M5TM IPS Credit Card -Enabled Single -Space Meter (12-month warranty, NFC contactless, RFID tag) Quantity 501-1000 $525.00 $375.00 M5TM IPS Credit Card -Enabled Single -Space Meter (12-month warranty, NFC contactless, RFID tag) Quantity 1000+ $515.00 $355.00 Optional: Add BLE capability $65.00 $65.00 Shipping (Ex Works — to be quoted based on ship to zip code) TBQ TBQ Installation (to be quoted based on scope) TBQ TBQ Optional: Extended Warranty (12-month period) $50.00 $60.00 Optional: Extended Warranty (48-month period) $170.00 $200.00 M5TM / M7TM Ongoing Fees Option 1 Option 2 Secure Wireless Gateway/Data Fee and Meter Management System Software License Fee (per meter per month) $6.60 $9.00 Secure Credit Card Gateway Fee (per transaction) $0.13 $0.07 Optional: Merchant Processing Fees (per transaction) To be quoted based on volume Optional: API or Data Integration Services To be quoted based on the need VEHICLE DETECTION SENSORS CAPITAL AND ONGOING COSTS Vehicle Detection Sensors Capital Costs Price per unit Dome Mount Vehicle Detection Sensors (includes 12-month warranty) $295.00 Shipping (Ex Works — to be quoted based on ship to zip code) TBQ Installation (to be quoted based on scope) TBQ Vehicle Detection Sensors Ongoing Costs Cost per space per month Management System/Base Data Fee $3.50 Optional: Real Time Reporting Fee $3.00 SPARE PARTS Page 11 of 16 Page 252 of 337 MSTM Spare Part Pricing M5TM Single Space Electronic Meter Mechanism $535.00 Card Entry Keypad Assy $65.00 Hybrid Card Reader $75.00 Coin Validator $95.00 Complete Top Cover (with Lexan insert) $85.00 Lexan for Top Cover $25.00 Coin Entry Slot $2.00 M5 Battery Pack (H3) $49.00 M5 Battery Pack (H5) (available on the 147/247 models only) $60.00 Solar Panel / Communications Board $185.00 Main Board $185.00 Display Board $125.00 Display Board with NFC $145.00 BLE Beacon Upgrade $65.00 RFID Tag $10.00 MK5 Batter Charger (daisy chain charging unit) $125.00 Card Reader Cleaning Card featuring Waffletechnology® (40) per box $54.00 Sensor Spare Part Pricing In -Dome Pole IPS vehicle detection sensor $295.00 $295.00 Battery Replacement (per D-cell) $20.00 $20.00 NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually. *Factory Certified meters are previously owned or trial meters but 100% inspected by IPS factory and carry standard 12-month warranty. ENFORCEMENT/PERMITTING SYSTEMS The IPS Mobile Enforcement Application is available on both Android and iOS operating systems. IPS can also utilize existing Android and/or iOS devices or supply new ones as presented below. HANDHELD DEVICE AND HARDWARE Handheld Lease Option Platinum X 2-piece Android or iOS Smart Device with 3" Bluetooth Printer Mobile Enforcement Application X Remote Management Suite X Comprehensive Phone Support X General Maintenance X Mobile Data Plan X Installation and Training X Page 12 of 16 Page 253 of 337 Ruggedized Case Warranty 36 months Lease Pricing (per device/month) $260.00 Handheld Purchase Option Unit Price Samsung Smart Device with ruggedized case and charger $1,495.00 iPhone with ruggedized case and charger $1,495.00 3" Bluetooth Printer with charger and belt clip Optional: 3-Year Handheld Warranty $995.00 $300.00 Optional: 3-Year Printer Warranty $300.00 *The model of the smart device and/or printer will be provided at time of ordering and is subject to change based on availability. *AII smart phone purchases require the purchase of a mobile data plan from IPS. Citation Paper Units Unit Price Citation Paper Template Setup (One-time fee) *Includes up to 2 colors per side Mobile Citation Paper Per Template Per roll $500.00 To Be Quoted Point -of -Sale Cashiering Hardware Unit Price Zebra EVM Barcode Scanner $849.95 Vasario APG Cash Drawer $349.00 Epson Multifunction Receipt Printer $1,525.00 Stripe Credit Card Terminal $365.00 Citation paper roll pricing is subject to final volume, approval of artwork design, and layout. All hardware and paper pricing is valid for 30 days and is subject to change based on availability. Pricing does not include any applicable shipping or sales tax. ENFORCEMENT MANAGEMENT SYSTEM AND CITATION PROCESSING SERVICES Enforcement Management System Units Unit Price One Time Setup & Configuration Extended Project Management *Free for the first 90 days, then charged monthly until implementation is live. Per Unit Per Month Data Conversion from Existing Citation Management System $5,000 - $10,000 One -Time $5,000.00 $2,500.00 Third Party Integration One -Time Setup Per Integration $1,500.00 Enforcement Management System Ongoing Fee Per citation $1.50 per citation or $1,750.00 per month, Page 13 of 16 Page 254 of 337 whichever is greater Handheld Device Mobile Data Plan (Voice/Text not included) Per unit/Per month $55.00 Handheld Device License & Support Per unit/Per month $55.00 Manual Citation Entry Fee Per unit $1.50 Registered Owner Acquisition* Per unit $1.25 Delinquent Notice Processing & Mailing (Includes postage) Per unit $1.35 Certified Letters Per letter $12.50 Additional Letters and Correspondence (Includes postage) Per letter $1.35 Third Party Integration Ongoing Maintenance & Support Per integration/month $75.00 Online & IVR Secure Credit Card Gateway Fee *Can be charged to the public *Assumes the use of the client merchant account Per citation $3.50 Optional: IPS Merchant Hosting Fee *Can be charged to the public Per transaction _ $3.50 + Interchange Fees Estimated Travel Expenses for Installation Per trip $2,000.00 On -site training and installation Per day $600.00 Remote training and installation Per unit INCLUDED *Registered owner acquisition fees subject to change based on local DMV rates and access to Nlets data (ORI required). IVR & LOCKBOX SERVICES Enforcement Management System Units Unit Price IVR Setup & Configuration One -Time $1,500.00 IVR Ongoing Maintenance & Support Per month $250.00 IVR Record & Store Calls (Optional) Per call $0.50 IVR Call Transcription (Optional) Per call $1.00 Lockbox Setup & Configuration One -Time $750.00 Lockbox Operations Per month $95.00 Lockbox Mail -in Payments Per unit $1.50 DELINQUENT COLLECTION SERVICES Collections Units Unit Price Advanced/Delinquent Collections PUBLIC CUSTOMER 24 HOUR CALL CENTER % of amount collected 35% of amount collected Call Center Services Units Unit Price Page 14 of 16 Page 255 of 337 Cost Per Minute CODE ENFORCEMENT MANAGEMENT SYSTEM Per minute $1.10 Enforcement Management System One Time Setup & Configuration Units Per Unit Unit Price $5,000 - $10,000 Extended Project Management *Free for the first 90 days, then charged monthly until implementation is live. Per Month $5,000.00 Third Party Integration One -Time Setup Per Integration $1,500.00 Code Enforcement Management System Ongoing Fee Per citation $4.00 per citation or $1,750.00 per month, whichever is greater Handheld Device Mobile Data Plan (Voice/Text not included) Per unit/Per month $55.00 Handheld Device License & Support Per unit/Per month $55.00 Delinquent Notice Processing & Mailing (Includes postage) Per unit $1.35 Certified Letters Per letter $12.50 Additional Letters and Correspondence (Includes postage) Per letter $1.35 Third Party Integration Ongoing Maintenance & Support Per Integration/month $75.00 Online & IVR Secure Credit Card Gateway Fee *Can be charged to the public *Assumes the use of the client merchant account Per citation $3.50 Optional: IPS Merchant Hosting Fee *Can be charged to the public Per transaction $3.50 + Interchange Fees Estimated Travel Expenses for Installation Per trip $2,000.00 On -site training and installation Per day $600.00 Remote training and installation Per unit INCLUDED *Registered owner acquisition fees subject to change based on local DMV rates and access to Nlets data (ORI required). PERMIT MANAGEMENT SYSTEM Setup & Configuration Extended Project Management *Free for the first 90 days, then charged monthly until implementation is live. Permit Management System Ongoing Cost Permit Fulfillment Physical Permit Stock (Hangtags/Stickers) Additional Letters and Correspondence (Includes postag Units Unit Price One-time $5,000 - $10,000 Per Month $5,000.00 Per Permit $2.00 Per unit $3.00 Per unit TBQ e) Per Letter $1.35 Page 15 of 16 Page 256 of 337 Third Party Integration Setup Third Party Integration Ongoing Maintenance & Support Online Secure Credit Card Gateway Fee *Can be charged to the public *Assumes the use of the client merchant account Optional: IPS Merchant Hosting Fee *Can be charged to the public VALIDATION SYSTEM One-time Per integration/month Per permit $1,500.00 $75.00 Per transaction $3.50 $3.50 + Interchange Fees Item Units Unit Price Setup & Configuration One-time $2,500.00 Validation Program Ongoing Cost Per Validation $0.50 CURBSIDE RESERVATION SYSTEM Item Units Unit Price Setup & Configuration Curbside Reservation Ongoing Cost One-time $2,500.00 Per Reserved Space Per Day $1.00 Credit Card Gateway Fee *Can be charged to the public *Assumes the use of the client merchant account Optional: IPS Merchant Hosting Fee *Can be charged to the public Per transaction Per transaction $3.50 3.50 + Interchange Fee NOTE: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually. ADDITIONAL SCOPE AND ALTERNATIVE PRICING MODELS Item Units Unit Price All -Inclusive or Per Ticket Pricing Options for Enforcement and Permitting Solutions * Per unit TBQ Customizations and development outside original scope of work Per hour $200.00 *Quote to be provided based on number of tickets/permits issued, handhelds required, and other client information. Page 16 of 16 Page 257 of 337 IPS LIMITED WARRANTY - ENFORCEMENT AND PERMITS IPS will provide a limited parts warranty for any physical product, such as handhelds or printers, in accordance with the manufacturer's warranty. Software Services are provided "as -is" in accordance with the scope of services and shall perform substantially in accordance with an identifiable set of functional specifications. IPS shall provide bug fixes and generally available upgrades at no cost during the contract term. Additional Warranty Provisions: Repair or replacement under warranty of any defective product does not extend the warranty period for that product or subcomponent. IPS will either repair or replace products or subcomponents, at our discretion, that are found to be defective within the defined warranty period, with transportation costs prepaid by the customer. Returns for credit will only apply once IPS has received a defective product and confirmed that defects were within the warranty period and are covered under the terms and conditions of the warranty provided. THE WARRANTIES CONTAINED IN THE AGREEMENT DOCUMENTS ARE IPS'S SOLE AND EXCLUSIVE WARRANTIES. THE EXTENT OF IPS'S LIABILITY FOR A WARRANTY CLAIM IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE EQUIPMENT OR DEFECTIVE SERVICE OR SOFTWARE AT THE SOLE OPTION OF IPS. IPS AFFIRMATIVELY EXCLUDES ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE EQUIPMENT AND/OR SERVICES OR SOFTWARE PROVIDED INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT IPS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WHETHER ARISING BY LAW OR BY REASON OF CUSTOM OF THE TRADE. Exclusions: Warranty voided with use of imitation or non -genuine replacement parts, unauthorized alterations, abuse, vandalism, products subjected to unusual physical or electrical stress, improper handling or general misuse to the equipment (hardware or software), including attempted repairs that result in damage. Warranty specifically excludes any consumable items such as paper, batteries, etc. Software warranty is void if usernames and/or passwords are shared with 3rd parties, or allowance of 3rd party access to IPS software without IPS written consent, or any unauthorized changes or attempts to change IPS software. Force Majeure: IPS shall not be liable for any warranty provisions where such product failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet services or cellular telecommunication failures caused by any of the events or causes described above. IPS provides no warranty with respect to any 3rd party hardware or software, whether supplied in connection with this Agreement or otherwise. IPS is not liable in any way as a result of use or performance of customer internet service or wireless data services provided by national carriers. Page 17 of 16 Page 258 of 337 CITY MARKETING SERVICES For a standard to a full -agency experience, please choose from our tiered packages below. All marketing collateral/art files will be sent electronically. BASIC PACKAGE DELUXE PACKAGE PREMIUM PACKAGE Choice of Standard Tri-Fold or 11" x 17" Poster Website Choose A, B, or C Website Choose A, B, or C How -To Video (Embed Code) Custom Trifold Brochure Custom Trifold Brochure Generic Website HTML File (City Hosted) Custom 11" x 17" Poster Custom 11" x 17" Poster 1 Round of Revisions Custom Sign Design (2) Custom Sign Design Customer Cost: $0.00 Generic Digital Announcement Generic Digital Announcement 5" x 7" Postcard 5" x 7" Postcard Tent Card Design Tent Card Design How -To Video (Embed Code) Promo Item Design Up to 2 Rounds of Revisions Custom Intro on How -to -Use Video (+ Embed Code) Customer Cost: $5,000 Window Vinyl Cut Design HTML File for Community E- blast / Newsletter Up to 4 Social Media Posts WEBSITE Up to 4 Rounds of Revisions A) Generic Website: $500 HTML file (City Hosted) Customer Cost: $9,500 B) Custom Website: $1000 HTML file (no hosting) Printing & shipping services included - pricing TBD & quoted separately. C) Custom Website: $100/month IPS hosts and spports through length of contract *Prices may vary. Customized programs will be priced accordingly. A la carte services are quoted separately. Additional edits are billed at $150/hr. For details, please contact Adriana Albrecht at mop@ipsgroupinc.com. Page 18 of 16 Page 259 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bill Beck, Fire Chief October 21, 2024 Fire Rescue Department AGENDA ITEM TITLE Resolution approving the IGT Fund Transfer Agreement for FY 2026, and authorizing the Mayor to execute said agreement. 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. IGT Fund Transfer Agreement FY26 Page 260 of 337 wA,I Human Services Clear Form INTERGOVERNMENTAL TRANSFER OF PUBLIC FUNDS AGREEMENT BETWEEN THE IOWA DEPARTMENT OF HEALTH AND HUMAN SERVICES AND Waterloo Fire Rescue Ground Emergency Medical Transportation Provider (GEMT Provider) This Intergovernmental Transfer Agreement (Agreement) is entered into between the Iowa Department of Health and Human Services (HHS) and the ground emergency medical transportation (GEMT) Provider. It provides for an intergovernmental transfer of funds to the HHS from the GEMT Provider in order to provide the non-federal share of the reconciled cost reimbursement amount for the uncompensated Medicaid cost associated with GEMT services. The GEMT Provider is authorized by House File (HF) 2285 of the 2018 Iowa legislative session to enter into and carry out an Intergovernmental Transfer (IGT) Agreement to transfer funds through IGTs to the HHS for use as the non-federal share of Medicaid expenditures. AGREEMENT I. GEMT Program Compliance. Attached hereto as Attachment A is State Plan Amendment IA-I9-002 (SPA), which address the GEMT Program. The GEMT Provider shall at all times comply with all requirements of the SPA. 2. Compliance with Provider Agreement and GEMT Program Eligibility. The GEMT Provider's Iowa Medicaid Provider Agreement is incorporated herein by reference. The parties stipulate to the inclusion of any future amendments or replacement of any such Provider Agreements by this reference. The GEMT Provider hereby represents, warrants and covenants that is and at all relevant times will be an Eligible GEMT Provider as that term is defined in the SPA. If at any time the GEMT Provider's status changes such that it is no longer an Eligible GEMT Provider, the GEMT Provider shall immediately notify the HHS. 3. Fund Transfer. The GEMT Provider agrees to transfer funds to HHS at the times and in the amounts determined in accordance with the following paragraphs of this Agreement. The transfer shall be made prior to the payment by HHS for the uncompensated Medicaid cost associated with GEMT services. The GEMT Provider will transfer funds to HHS equivalent to the non-federal share of the payments to be made upon notification by HHS. 4. Funds Certification. The GEMT Provider shall certify that the funds transferred qualify for federal financial participation (FFP) pursuant to 42 CFR part 433 subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, federal money excluded from use as State match, impermissible taxes, and non -bona fide provider -related donations. Impermissible sources do not include revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding. 470-0086 (07/24) Page 261 of 337 5. Record Retention and Access. The parties agree that each shall maintain necessary records and supporting documentation applicable to the uncompensated Medicaid cost associated with GEMT services payments to assure that claims for total funds and federal funds are in accordance with applicable federal requirements, including but not limited to those record retention requirements set forth in the SPA. The parties agree to make those records available to the parties and to any and all state or federal oversight authorities immediately upon request. 6. Notices: Any written notice required by this Agreement shall be sent to: For: Waterloo Fire Rescue GEMT Provider Jason Hernandez Printed Name. Medical Supervisor Title. Address: 425 E 3rd Street Waterloo, IA 50703 E-mail address Jason.Hernandez@Waterloo-IA.org For HHS: Printed Name: Iowa Department of Health and Human Services Title: Iowa Medicaid Address: 1305 East Walnut Street Des Moines, IA 50319 E-mail address: costaudit@dhs.state.ia.us 7. Repayment Obligation: In the event that any State and/or federal funds are deferred and/or disallowed as a result of any audits or expended in violation of the laws applicable to the expenditure of such funds, the GEMT Provider shall be liable to the Agency for the full amount of any claim disallowed and for all related penalties incurred. The requirements of this paragraph shall apply to the GEMT Provider as well as any subcontractors of the GEMT Provider. To the extent that the GEMT Provider receives 470-0086 (07/24) Page 262 of 337 payments that exceed the permissible amount allowed pursuant to the SPA, the parties hereby deem the excess funds received by the GEMT Provider to be an "overpayment" subject to return to the HHS within 60 days pursuant to Section 2.5 of the Provider Agreement. 8. Assignment: This Agreement is not assignable. 9. No Third Party Beneficiaries. There are no third partybeneficiariesto this Agreement. This Agreement is intended onlyto benefit the HHS and the GEMT Provider. 10. Amendment: This Agreement maybe modified at anytime bythe written agreement of both parties. I I. Term & Termination: This Agreement covers the period beginning on or after July I, 2025 and ending June 30, 2026. This Agreement maybe canceled by either partyafter giving thirty (30) days prior notice in writing to the other party. All obligations of the parties incurred or existing under this Agreement as of the date of expiration or termination survive the expiration or termination of the Agreement. 12. Execution: In consideration of the mutual covenants in this Agreement and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Agreement and have caused their duly authorized representatives to execute this Agreement. Waterloo Fire Rescue GEMT Provider Name Authortized Representative Signature Quentin Hart Authorized Representative Printed Name Mayor Authorized Representative Title IOWA DEPARTMENT OF HEALTH AND HUMAN SERVICES Date Director Date 470-0086 (07/24) Page 263 of 337 Attachment A - Approved State Plan Amendment IA-19-002 Page 264 of 337 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16d - IOWA Methods and Standards for Establishing Payment Rates for Other Types of Care Supplemental payment for publicly owned or operated ground emergency medical transportation providers This program provides supplemental payments for eligible Ground Emergency Medical Transportation (GEMT) providers that meet specified requirements and provide GEMT services to Iowa Medicaid members. Supplemental payments provided by this program are available only for the uncompensated and allowable direct and indirect costs incurred by eligible GEMT providers while providing GEMT services to Iowa Medicaid members. The supplemental payment covers the gap between the eligible GEMT provider's total allowable costs for providing GEMT services as reported on the GEMT services cost report and the amount of the base payment, mileage, and all other sources of reimbursement. The supplemental payment amounts shall be calculated annually on a prospective basis after the conclusion of each state fiscal year (SFY). Payments shall not be paid as individual increases to current reimbursement rates as described in other parts of this state plan for GEMT services. This supplemental payment applies only to Iowa Medicaid services rendered to Iowa Medicaid members by eligible GEMT providers on or after July 1, 2019. A. Definitions 1. "Department" means the Iowa Department of Human Services. 2. "Direct Costs" means all costs that can be identified specifically with particular final cost objectives in order to meet all medical transportation mandates. 3. "Shared Direct Costs" are direct costs that can be allocated to two or more departmental functions or cost objectives on the basis of shared benefits. 4. "Indirect Costs" means costs for a common or joint purpose benefitting more than one cost objective that are allocated to each benefiting objective using an agency approved indirect rate or an allocation methodology. Indirect costs rate or allocation methodology must comply with 2 C.F.R. Part 200 and CMS non -institutional reimbursement policy. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 265 of 337 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16e- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers 5. "Eligible GEMT Provider" means a provider who is eligible to receive supplemental reimbursement because it meets all of the following requirements continuously during the claiming period: a. Provides Ground Emergency Medical Transportation services to Iowa Medicaid members. b. It is a provider that is enrolled as an Iowa Medicaid provider for the period being claimed. c. Is owned or operated by an eligible governmental entity, to include the state, a city, county, fire protection district, community services district, health care district, federally recognized Indian tribe or any unit of government as defined in 42 C.F.R. Sec. 433.50. 6. "Dry Run" means a run that does not result in either a transport or a delivery on -site of Medicaid covered services. 7. "GEMT Transport" means GEMT services provided by eligible GEMT providers to individuals and does not, include dry runs as defined in Paragraph, A.6. 8. "GEMT Services" means both the act of transporting an individual from any point of origin to the nearest medical facility capable of meeting the emergency medical needs of the patient, as well as the advanced, limited -advance, and basic life support services provided to an individual by GEMT providers before or during the act of transportation. a. "Advanced Life Support" means special services designed to provide definitive prehospital emergency medical care, including but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration with drugs and other medicinal preparations, and other specified techniques and procedures. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 266 of 337 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16f- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers b. "Limited -Advanced Life Support" means special services to provide prehospital emergency medical care limited to techniques and procedures that exceed basic life support but are less than advanced life support services. c. "Basic Life Support" means emergency first aid and cardiopulmonary resuscitation procedures to maintain life without invasive techniques. 9. "Service Period" means the period from July 1 through June 30 of each SFY. 10. "Shift" means a standard period of time assigned for a complete cycle of work, as set by each eligible GEMT provider. The number of hours in a shift may vary by GEMT provider, but will be consistent to each GEMT provider. B. Supplemental Reimbursement Methodology — General Provisions 1. Computation of allowable costs and their allocation methodology must be determined in accordance with Medicaid cost principles at 2 C.F.R. Part 200, which establish principles and standards for determining allowable costs and the methodology for allocating and apportioning those expenses to the Iowa Medicaid program, except as expressly modified below. 2. Iowa Medicaid base payments to the GEMT providers for providing GEMT services are derived from the Ambulance provider fee schedule established for reimbursements payable by the Iowa Medicaid program by procedure code. The base payments for these eligible GEMT providers are fee -for -service (FFS) payments. The primary source of paid claims data and other Iowa Medicaid reimbursements is the Iowa Medicaid Management Information System (IA-MMIS). The number of paid Iowa Medicaid FFS GEMT transports is derived from and supported by the IA-MMIS reports for services during the applicable service period. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 267 of 337 State/Territory: Attachment 4.19-B Revised Submission 7.10.19 PAGE - 16g- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers 3. The total uncompensated care costs of each eligible GEMT provider available to be reimbursed under this supplemental payment program will equal the shortfall resulting from the allowable costs determined using the Cost Determination Protocols (Section C.) for each eligible GEMT provider rendering GEMT services to Iowa Medicaid members net of the amounts received and payable from the Iowa Medicaid program and all other sources of reimbursement for GEMT services provided to Iowa Medicaid members. If the eligible GEMT providers do not have any uncompensated care costs, then the provider will not receive supplemental reimbursement under this supplemental payment program. 4. The Iowa Medicaid supplemental payment under this segment are the uncompensated care costs for GEMT services provided by eligible GEMT providers to Iowa Medicaid members as determined by the Prospective Supplemental Payment Amount (Section D.). C. Cost Determination Protocols 1. An eligible GEMT provider's specific allowable cost per-GEMT transport rate will be calculated based on the provider's audited financial data reported on the GEMT services cost report. The per-GEMT transport cost rate will be the sum of actual allowable direct, shared direct, and indirect costs of providing GEMT services (excluding cost associated with dry runs as defined in Paragraph A.6 and runs where a Medicaid covered service was delivered but no transport occurred) divided by the actual number of GEMT transports (including dry runs as defined in Paragraph A.6 and runs where a Medicaid covered service was delivered but no transport occurred) provided for the applicable service period. a. Direct costs for providing GEMT services include only the unallocated payroll costs for the shifts in which personnel dedicate 100 percent of their time to providing GEMT services, medical equipment and supplies, and other costs directly related to the delivery of covered services, such as first -line supervision, materials and supplies, professional and contracted services, capital outlay, travel, and training. These costs must be in compliance with Medicaid non -institutional reimbursement policies and are directly attributable to the provision of the GEMT services. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 268 of 337 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16h- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers b. Shared direct costs for GEMT services must be allocated for personnel, capital outlay and other costs; such as medical supplies, professional and contracted services, training and travel. The personnel costs will be allocated based on a percentage of total hours logged performing GEMT services activities versus other service activities. The capital and other shared direct costs will be allocated based on the percentage of total call volume. c. Indirect costs are determined by applying the cognizant agency specific approved indirect cost rate to its total direct costs (Paragraph C.1.a) or derived from provider's approved cost allocation plan. Eligible GEMT providers that do not have a cognizant agency approved indirect cost rate or approved cost allocation plan, the costs and related basis used to determine the allocated indirect costs must be in compliance with Medicaid cost principles specified at 2 C.F.R. Part 200. d. The GEMT provider specific per-GEMT transport cost rate is calculated by dividing the total net GEMT services allowable costs (Paragraph C.l.a, C.1.b, and C.l.c) of the specific provider by the total number of GEMT transports provided by the provider for the applicable service period. D. Prospective Supplemental Payment Amount 1. The Department will calculate annual prospective supplemental payment amounts for eligible GEMT provider on a per-GEMT transport basis. The per-GEMT transport prospective supplemental payment amount for each provider is based on the provider's completed annual cost report in the format prescribed by the Department for the applicable cost reporting year. The Department will make adjustments to the as -filed cost report based on the results of the most recently retrieved IA-MMIS report. 2. Each eligible GEMT provider must compute the annual cost in accordance with the Cost Determination Protocols (Section C.) and must submit the completed annual as - filed cost report, to the Department five (5) months after the close of the service period. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 269 of 337 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16i- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers 3. The prospective supplemental payment amount is calculated by subtracting from Iowa Medicaid's portion of the total GEMT allowable costs (Paragraph C.1) from the as -filed cost report adjusted by the Department (Paragraph D.1), the total Iowa Medicaid base payments (Paragraph B.2) and other payments, such as Iowa Medicaid co -payments, received by the providers for providing GEMT services to Iowa Medicaid members. The result of this calculation is the uncompensated care costs for GEMT services provided to Iowa Medicaid members. 4. The result in Paragraph D.3 is divided by the Iowa Medicaid GEMT transports (including dry runs as defined in Paragraph A.6) from the as -filed cost report adjusted by the Department to calculate the per-GEMT services prospective supplemental payment amount. This amount will be paid prospectively, in addition to the Iowa Medicaid base payments (Paragraph B.2) on a claim by claim basis. 5. The prospective supplemental payment amount will be updated the following July 1, and every year thereafter, following submission and review of the cost report. Specifically, the prior year's uncompensated care amount per Medicaid transport will be paid as an adjustment to the following year's base rate. E. Eligible GEMT Provider Reporting Requirements Eligible GEMT providers shall: 1. Submit the GEMT services cost report no later than five (5) months after the close of the CY, unless a provider has made a written request for an extension and such request is granted by the Department. 2. Provide supporting documentation to serve as evidence supporting information on the submitted cost report and the cost determination as specified by the Department. 3. Keep, maintain, and have readily retrievable, such records as specified by the Department to fully disclose reimbursement amounts to which the eligible government entity is entitled, and any other records required by CMS. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 270 of 337 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16j- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers 4. Comply with the allowable cost requirements provided in 2 C.F.R. Part 200, and Medicaid non -institutional reimbursement policy. F. Department Responsibilities 1. The Department will submit to CMS claims for GEMT services that are allowable and in compliance with federal laws and regulations and Medicaid non -institutional reimbursement policy. 2. The Department will, on an annual basis, submit any necessary materials to the federal government to provide assurances that claims will include only those expenditures that are allowable under federal law. 3. The Depaitnient may conduct on -site audits as necessary and will complete the audit within two years of the postmark date of the accepted cost report. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 271 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bill Beck, Fire Chief October 21, 2024 Fire Rescue Department AGENDA ITEM TITLE Resolution approving the Provider Participation Agreement for FY 2026, and authorizing the Medical Supervisor, Jason Hernandez, 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. Provider Participation Agreement FY26 Page 272 of 337 wA. I Human Services Clear Form PROVIDER PARTICIPATION AGREEMENT IOWA DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) GROUND EMERGENCY MEDICAL TRANSPORTATION (GEMT) UNCOMPENSATED COST PROSPECTIVE PAYMENT PROGRAM Provider Name: Waterloo Fire Rescue Provider NPI Number: 181 1076565 Statement of Intent The purpose of this Agreement is to allow participation in the Ground Emergency Medical Transportation (GEMT) Uncompensated Cost Reimbursement Program by the governmentally owned or operated provider, named above and hereinafter referred to as Provider, subject to the Provider's compliance with the requirements and responsibilities set forth in this Agreement. Provider Responsibilities By entering into this Agreement, the Provider agrees to the following: A. Provider agrees to comply with each of the following, as periodically amended: I. Title XIX of the Social Security Act 2. Titles 42 and 45 of the Code of Federal Regulations (CFR) 3. Iowa Medicaid State Plan 4. State issued policy directives, including the Iowa Medicaid Ambulance Provider Manual 5. Terms of the Provider's Iowa Medicaid Provider Enrollment Agreement B. Provider agrees to ensure all applicable state and federal requirements, as identified in paragraph A, above, are met in rendering services under this Agreement. The Provider understands and agrees that their failure to meet all applicable state and federal requirements in rendering services subject to reconciled cost reimbursement under this Agreement shall be sufficient cause for the state to deny or recoup payment to the Provider as well as terminate this Agreement. C. Provider agrees to comply with the following allowable expenses and fiscal documentation requirements: 1. Submit annually the GEMT Program cost report to Iowa Medicaid 2. Maintain for review and audit, and supply to the state upon request, auditable documentation of all amounts claimed, and any other records required by the state and CMS, pursuant to this agreement to permit a determination of expenses allowed. 3. If the allowance of an expense or appropriateness of an expense cannot 470-0087 (07/24) Page 273 of 337 be determined by the state because fiscal records or other documentation is not present or is inadequate, according to generally accepted accounting principles or practices, all questionable costs may be disallowed and payment may be withheld by the State. D. Provider agrees to submit within the timeframes determined by the State, transfer of the non- federal share of the GEMT uncompensated cost reimbursement according to the Intergovernmental Transfer of Public Funds Agreement prior to the uncompensated cost prospective payments from HHS. E. Provider agrees to accept as payment in full the reimbursement received for services subject to reconciled cost reimbursement pursuant to this Agreement. Under no circumstance will the total amount of reimbursement received exceed one hundred percent (100%) of actual care costs. As such, if the Provider does not have any uncompensated care costs, the Provider will not receive a payment under this program. F. Provider agrees that when it is determined that they received federal funds in excess of their determined cost per transport, the state shall recover the excess in accordance with state and federal regulations within 30 (thirty) calendar days. Limitations of State Liability A. Notwithstanding any other provision of this Agreement, the HHS shall be held harmless from any federal audit disallowance and interest resulting from payments made by the federal Medicaid program as reimbursement for costs of providing services. B. To the extent that a federal audit disallowance and interest results from costs for which the Provider has received reimbursement, the HHS shall recoup from the Provider, upon written notice, amounts equal to the amount of the disallowance and interest in that fiscal year for the disallowed costs. All subsequent costs submitted to the HHS applicable to any previously disallowed cost, may be held in abeyance with no payment made until the federal disallowance issue is resolved. C. Notwithstanding paragraphs A and B above, to the extent that a federal audit disallowance and interest results from costs which the Provider has received reimbursement for services provided by a nongovernmental entity under contract with, and on behalf of the Provider, the HHS shall be held harmless by the Provider for one - hundred percent (100%) of the amount of any such federal audit disallowance and interest. 470-0087 (07/24) Page 274 of 337 TERMS OF THIS AGREEMENT The period of this Cooperative Agreement shall begin July I, 2025. This Agreement may be canceled or amended at any time upon agreement by both parties or by either party after giving thirty (30) days prior notice in writing to the other party provided, however, that reimbursement shall be made for the period when the contract is in full force and effect. GEMT Provider Signature Date Jason Hernandez GEMT Provider Printed Name 470-0087 (07/24) Page 275 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Resolution approving a Forecast and Data Support Agreement with BAMWX, in the amount of $3,397.50 per year for three years, for providing weather radar forecasting tools, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Updated - BAM Weather - City of Waterloo Proposal for Services Page 276 of 337 Page 277 of 337 PROPOSAL Director Matt Boquist City of Waterloo — Street Department Submitted by: Kirk Hinz Relationship Executive / Senior Meteorologist BAMWX LLC Kirk@bamwx.com I 574-780-5150 (cell) Schedule a zoom with me: https://calendly.com/kkhzl2/ I/10C- C 0 NI Weather. Made. Simple. I / CLARITY Clear Forecasts, Smart Decisions We are so grateful for the opportunity to help provide you unique and customized weather solutions to help you better protect those you are responsible for from inclement weather. LNE Test let 42.1686-101.52a9 1 Alert Hourly Winter Focus Ag Focus Sat 2B1h 4am •.• 044. Sae 28t11 Sal 28ith Sam Gam 1111 al 27% 30% Sat 2Beh Sae 28th Sit 2810 Sam 9am 10arn •.. a. la R1% 91% Sat 2Sla 11am ••• 92% 1.)11 0.12 102; 0.3.?. 0 413 0-6 0.8 1.19 O 0 ! 0 0 0 0.12 0.3.2 0.63 0.13 O 0.02 : 0.02 0.02 0.05 0,16 0.33 0.76 1.16 1.54 I)! Max Hin Mast Likely Sal 28t15 Sal 28th 12pm tpm fo 93% Sat : 94% 2.2-R 0 O 0 0 1): Max min matt Likely 4— 4- 1 iflird (MON 1=IGLM 4- 7 11 OH: 72% d 7 10 6 RH: 71314 RH: 81% 0 0 •!' 4e 1- HI ni 11-1 11 7 7 RH; 1111% RH: 89% RH: OS% ola; 85% RH; • • 21° 21* ! 21' 21' 2019' 20° r -. i 3. : fr. : 14° l 1.3. 1 14° 13* 1r is, lac : Deei paint °F 0-.. Paleemeint Surface Dra Orr z I:err Dry D,y. Orr Snow Snow Snow 1,112,t Snow Moll 24° 24° 38° 37° 24° 37° 23° 37° I Tamp°F Sub -Su fa0e. Temp °F 23° 37° 22° 37° 220 313° 20° 30° 32° 30° 32° 30° 3: PROPOSAL ISSUED: 16 October 2024 Page 278 of 337 WHO IS BAMWX? CHASING DREAMS AND CHASING STORMS. BAMWX began over a decade ago with founders, Bryan, Amanda and Michael chasing storms across the Midwest. A fun hobby turned into a social media sensation, small weather subscriptions and the dream took off from there. SIMPLER FORECASTS, BETTER DECISIONS AND A CONFIDENT YOU! CLARITY Current • Radar Sot fate lento • Radar Correlation Coefficient • V)slb llty • Rotation Tracks 30 Minute) • Hall Tracks (30 Minute) Severe Risk Observed Rainfall Observed Snowfall Future Met Products Storm Motion RV/IS Network CONUS Ligh1nnlg(1715 nlr ikral Location By Point • Dark Mode • Light Mode • Satellite Mode IRKANSAS 1 /9/2024, 130 PM Click for more controls BAMWX now provides forecast and data support for numerous organizations and industries across the entire United States, Canada and South America. BAM has aided in direct weather consulting in major events such as the World Series, Indy 500, Big Ten Championship and Taylor Swift Concerts. COMPANY DETAILS BAMWX's staff is based out of Greenwood, IN. The launch of their latest platform, Clarity, is the next step in the their ultimate mission: Reinventing how weather is forecasted. n n..:Jnwllm Imnrov. m Now Hourly All Clear Home Daily Chances Video Fonseig In6 nt AMA; Click For Ink 1) Min Likely Max Wed 01/10 0In 4 ) 0.01In 0.02 k1 Thu 0.021n .111 01/12 Sat 01/13 01/15 01/17 0.94 In 1321n 1.3 et 0.16 in O.D21n 0.O31n ) 0.041n 0.0! In 0.0f In 0.041n O C Na• Lor Ran a Chat WHAT CAN A BAD WEATHER FORECAST COST YOU? Sheyenne National Grassland 4AM ntrols Sisseton / Lake Traverse Indian Reservation Goodwill 75 V ` Wahpeton Rot sa l .0 Reshot! I 75 j Wheaton Campbell Clam Mapbox;0OpenStretSya YOU RISK A LOT WITH BAD WEATHER INFORMATION Without accurate, timely and specific weather information, you risk losing: • Time • Money • Efficiency • Safety 03 INVESTMENT ANNUAL INVESTMENT (10% Discount Included) $3,397.50 / YR *YEARLY INVESTMENT OPTION GOOD FOR THE NEXT 3 YEARS, NO PRICE INCREASES* Service Quantity Description Clarity Pro — Main Users (Decision Makers) 1 Full admin access to edit users/locations, all features listed on features page + utilize the 4(7 real-time meteorological consultation. Clarity Pro — Non -Chat Users / View Only 2 Full access to all Clarity Pro features listed on features page and ability to receive 4/7 real - time meteorological consultation. PaveCast Included Location -specific, hourly -updated pavement temperature and condition forecasts. Monitoring Locations 4 Strategically placed locations right inside our Clarity Weather platform to monitor the weather in real-time (these are editable as well for the Clarity Pro Main Users). Account Set-up / Training Included Virtual account set-up / onboard training. Contract term: Paid annually (up front}, with no pricing fluctuation for a minimum of 3 years. Payment Type: Preferably by credit card or ACH via invoice (if by check, please notate*). - 10% Discount offered if payment received by credit card or ACH Payment Terms: Standard net 14 days. Signature COMPANY: BAMWX LLC CLIENT: City of Waterloo Signature: Signature: Printed: Printed: Date: Date: This Executed Proposal, together with the Terms and Conditions and Privacy Policy, constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior understandings of the parties. In the event of a conflict between this Proposal and the Terms and Conditions, this Proposal will supersede. Privacy Policy: https://bamwx.com/privacy-policy/ Terms and Conditions: https://bamwx.com/terms-and-conditions/ FEATURES 00000000000 Hi -Res Radar with Precip-Type Customizable NWS Alerts Current Condition Readings Hour -by -Hour Forecast BAMwx 10 Day Cod Sky Low HI Wind a a z Conr«nce Tr trod AM% PM % Min 6;key Max Snow % Sr0w ke it kc RH % GOU F1 Rate 5011 T Dew P Spray Forvr att Irxl3I t aR.w . CI rk For Into Wed Thu Frl Sat Sun Mon 1r10 tr11 1/12 •i14 1/'4 10', 411 •r` 30' 29` 3i' 22' /- 34° 40° I 43° 26° I 18° ,,15 mol 410.0 R 15 mP4 42000 412 mph pasts 44 gusts 31 gut0 44 p as 44 gums 33 60% 101i 0 3.02 0.01 0.24 0% 0 84% 0 0.02 34° 28' 0.03 34' 30' 2096 20% 0.02 0.32 0.5 0% 0 0% 0 79% T Os T OS T ;) 6016 100% 20% 100% 60% 20% 0.94 0.02 0 13 0.06 0.16 1.52 0.11 0.24 7016 7094 40% 1.22 1.97 1.02 0% 0% 0% 0 0 0 94% 41% 70% 0 0 0.04 3S• 36' 0 0,02 35• 19' 0 0A2 2M 6' Local Video Updates from BAM Meteorologists 10-Day Forecasts (Precip Chances, Rain Totals, Snow Totals, etc.) Weekly, Monthly & Seasonal Weather Pattern Analyses NowCast Updates Hour -by -Hour Snow and Ice Accumulations Storm Tracking Tools (speed, movement, and threats) Pavement temperature and condition forecasts, which includes location specific frost probability on pavement* Threshold alerts for temperatures, precipitation and visibility Radar Analysis Tools: Hail, Rotation, Temps, Correlation Coefficient, Visibility Custom Drawn Impactful Weather Outlooks Future Radar Viewer: Radar, Visibility, Snow Totals, Rain Totals, Ice Totals, Wind Gusts Observed Rain Totals for any spot in the US Observed Snow Totals for any spot in the US Daily Ag Metrics: GDUs, Soil Temps, Dew Point, Spray Conditions & ET Rates Hourly & Daily Forecast Insights BIGGEST VALUE: 24/7 Chat with BAM's Meteorologists rue 1/16 4 -3 12° 11° 1 y8mph 04016 V 1 40% 40% 0 0.11 0.12 4041 1.49 0% 0 73% 0 0.03 24' 4' wed Thu Frl 1117 1/10 1/19 L' 21° 12' 22° •ram 9` 22° 41040 A11444 , 9mP' 48m04 gums 22 gusts 24 gums 19 gusts 1$ ® 04 2096 20% 0 0.03 0.04 20% 0.63 0% 0 71% 10% 10% 0 0.02 0.03 1016 012 0% 0 73% 0 0.01 19' •1' 0 NA 20' 6' O 10% 20% 0 0.06 0.09 2091 0.12 0% 0 7696 0 NA 20' 14' C' 20% 2016 0 0113 0.04 20% 0.12 016 0 0 NA 20. 11' CLARITY Clear Forecasts, Smart Decisions 07 ge 283 of 337 CLARITY IS ON THE HORIZON A more reliable and efficient way of getting weather forecasts. BEFORE BAM WEATHER AFTER BAM WEATHER Bad Weather Forecasts Feeling Frustrated Checking multiple different apps/sources daily Confused/not effectively utilizing weather information -* Reliable Weather Forecasts Confident and at Ease Relying on one easy source of weather Efficient, effective and full of Clarity 08 ge 284 of 337 1•I RELATIONSHIP EXECUTIVE SENIOR METEOROLOGIST KIRK HINZ PHONE : 574-780-5150 WEBSITE : www.bamwx.com FOLLOW UP : We will reach out to you throughout the week to see how we can further assist. CONTACT US FOR ADDITIONAL INFORMATION CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Resolution approving Amendment No. 1 to the Raise Grant Agreement, with the US Department of Transportation, in conjunction with the La Porte Road Improvements from Shaulis Road to Byron Avenue, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. HDP-8155(787)--71-07 GRANT AGREEMENT AMEND 1 DRAFT Page 286 of 337 Page 287 of 337 U.S. DEPARTMENT OF TRANSPORTATION FIRST AMENDED AND RESTATED GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 RAISE GRANT PROGRAM This agreement is between the United States Department of Transportation (the "USDOT") and the Iowa Department of Transportation (the "Recipient"). This agreement reflects the selection of the Recipient to receive a RAISE Grant for the La Porte Road Revitalization. The USDOT and Recipient executed a grant agreement on May 13, 2024 ("the Original Grant Agreement"). This agreement amends and restates in its entirety and replaces the Original Grant Agreement. If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient's assistance and oversight. The parties therefore agree to amend and restate the grant agreement to read in its entirety as follows: ARTICLE 1 GENERAL TERMS AND CONDITIONS. 1.1 General Terms and Conditions. (a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2022 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program: FHWA Projects," dated October 1, 2024, which is available at https://www.transportation.gov/policy- initiatives/raise/raise-grant-agreements. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement. (b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, terminating of the RAISE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the RAISE Grant, and reporting the non-compliance in the Federal -government -wide integrity and performance system. 1 of 23 Page 288 of 337 ARTICLE 2 SPECIAL TERMS AND CONDITIONS. There are no special terms for this award. 2 of 23 Page 289 of 337 SCHEDULE A ADMINISTRATIVE INFORMATION 1. Application. Application Title: LaPorte Road Revitalization Project Application Date: April 14, 2022 2. Recipient's Unique Entity Identifier. See section 23.3 of the General Terms and Conditions. 3. Recipient Contact(s). Dillon J. Feldmann, P.E. Eastern Region Field Engineer, Local Systems Bureau Iowa Department of Transportation 800 Lincoln Way Ames, IA 50010 515-290-5609 Dillon.feldmann@iowadot.us 4. Recipient Key Personnel. None. 5. USDOT Project Contact(s). Andrew Zimmerman, P.E. Transportation Engineer Federal Highway Administration — Iowa Division 105 6th Street Ames, Iowa 50010 515-233-7334 Andrew.zimmerman@dot.gov 6. Payment System. USDOT Payment System: FMIS 7. Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Division 8. Federal Award Identification Number. See section 23.2 of the General Terms and Conditions. 3 of 23 Page 290 of 337 9. Designated Subrecipient. Designated Subrecipient: City of Waterloo, Iowa Designated Subrecipient Project Contacts: Jamie Knutson, P.E. City Engineer City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 319-291-4312 JAMIE.KNUTSON@WATERLOO-IA.ORG 4 of 23 Page 291 of 337 SCHEDULE B PROJECT ACTIVITIES 1. General Project Description. The project will make complete streets improvements on approximately 2.7 miles of La Porte Road. The project will add sidewalks, bicycle trails, lighting, transit benches and platforms, and a bus shelter to the corridor. The project will also reconfigure the corridor to eliminate certain travel lanes, create a separated bicycle and pedestrian path, and add turn lanes in select locations throughout the corridor. 2. Statement of Work. Final Design Engineering Environmental Studies and NEPA Document Preparation Final Design of Phases 2 & 3 and Construction Documents Right -of -Way Acquisition Construction -Related Services for Components 1 - 3 Inspection & Material Testing Shop Drawing and RFI Review Construction Administration Record Drawings Construction Component 1: Reconstruction of La Porte Road from Shaulis Road to Bopp Street which includes intersection improvements, recreational trail, sidewalk, MET transit bus stops, street trees, plantings, intersection lighting, water main, and City fiber. Component 2: Reconstruction of La Porte Road from Plymouth Avenue to Hwy 218 Slip Ramp which includes intersection improvements, recreational trail including the connection to 18th Street, sidewalk, MET transit bus stops, gateway features, intersection markers, street trees, plantings, intersection lighting, water main, and City fiber. Component 3: Reconstruction of La Porte Road from Bopp Street to Plymouth Avenue includes intersection improvements, recreational trail, sidewalk, MET transit bus stops, gateway features, intersection markers, street trees, plantings, intersection lighting, water main, and City fiber. 5 of 23 Page 292 of 337 SCHEDULE C AWARD DATES AND PROJECT SCHEDULE 1. Award Dates. Budget Period End Date: June 30, 2031 Period of Performance End Date: See section 4.5 of the General Terms and Conditions 2. Estimated Project Schedule. Milestone Planned Completion of Final Engineering Date (Components 2 & 3): Planned Construction Substantial Completion and Open to Traffic Date (All Components): 3. Special Milestone Deadlines. None. Schedule Date June 30, 2026 December 30, 2029 6 of 23 Page 293 of 337 SCHEDULE D AWARD AND PROJECT FINANCIAL INFORMATION 1. Award Amount. RAISE Grant Amount: $20,500,000.00 2. Federal Obligation Information. Federal Obligation Type: Multiple Obligation Condition Table Portion of the Project Portion of the RAISE Grant Obligation Condition Base Phase: Final Engineering Components 2 & 3 $1,057,800 ............................................... Component 1 $6,584,760 If the FHWA IA Division reviews the PS&E for the Component and the Recipient has met all the applicable Federal, State, and Local requirements. Component 2 $8,360,495 If the FHWA IA Division reviews the PS&E for the Component and the Recipient has met all the applicable Federal, State, and Local requirements. In addition, Division will confirm that the Railroad Coordination Agreement is finalized. Component 3 $4,496,945 If the FHWA IA Division reviews the PS&E for the Component and the Recipient has met all the applicable Federal, State, and Local requirements. 7 of 23 Page 294 of 337 3. Approved Project Budget. RAISE Funds: Other Federal Funds: Non - Federal Funds: Eligible Project Costs Final Eng. Comp. 2 & 3 ROW* Comp. 1 Comp. 2 Comp. 3 Total $1,057,800 $0 $6,584,760 $8,360,495 $4,496,945 $20,500,000 $0 $0 $4,537,755 $2,830,500 $2,711,900 $10,080,155 $824,200 $250,000 $1,648,551 $1,290,972 4,693,122 $8,706,845 Total: $1,882,000 $250,000 $12,771,066 $12,481,967 $11,901,967 $39,287,000 * ROW is for all three phases. 4. Cost Classification Table Reserved. 5. Approved Pre -award Costs None. The USDOT has not approved under this award any costs incurred under an advanced construction authorization (23 U.S.C. 115), any costs incurred prior to authorization (23 C.F.R. 1.9(b)), or any pre -award costs under 2 C.F.R. 200.458. 8 of 23 Page 295 of 337 SCHEDULE E CHANGES FROM ORIGINAL GRANT AGREEMENT Scope: Following the letting of Component 1, the actual contract costs were determined to be well short of the estimate. Due to these savings, in alignment with section 5.4(d) of the General Terms and Conditions, the Recipient is proposing to include additional activities that the Recipient could complete the project cost savings. In particular, the Recipient proposes to add the costs of the City owned water main and fiber utility lines to the project as eligible costs. These items were bid as part of the project but were not considered a part of the original grant agreement. Schedule: Planned Completion of Final Engineering is being extended by seven months due to complexity of Components 2 and 3. All work under this grant agreement will be obligated prior to the Obligation Date for FY 2022 RAISE funds. The table below compares the Proiect milestone dates. Milestone Grant Agreement Amendment #1 Planned Completion of Final Engineering Date (Components 2 & 3): 11/30/2025 6/30/2026 Budget: While RAISE and non-federal funds have been shifted among the components, there are no overall budget total changes. Other: N/A CHANGES FROM APPLICATION Scope: No changes. Schedule: The project had an anticipated letting date of late 2022 with construction beginning in 2023. These dates were delayed due to time necessary to execute a grant agreement. Initial submission of the grant agreement to the FHWA was on July 25, 2023 with numerous drafts being reviewed, updated and resubmitted culminating in the current timeline with a proposed letting in July 2024. The delays with getting an approved grant agreement in place have forced delays in final plan submittal to the IDOT for letting of Phase 1, rights -of -purchasing for Phase 1, NPDES permits, and starting the final design of Phase 2 and Phase 3. Budget: The overall project cost has increased by $10,982,318 since the application was submitted. These estimated project cost increases were updated to reflect current unit bid prices and estimated quantities for the project. These costs reflect higher material and labor costs seen in projects across the country. To cover the cost increases, the recipient has increased Federal funding by adding $9,928,827 in STBG grants that were initially programmed as IDOT SWAP funds and by adding $559,941 in non -Federal funding. Previously incurred costs increased by $690,050 due to continued development of the final design plans for Phase 1 during the selection period. 9 of 23 Page 296 of 337 The table below provides a summary comparison of the Project budget. Fund Source Application $ % Schedule $ D Previously Incurred Costs Federal Funds 0 0 Non -Federal Funds 731,250 1,421,300 Total Previously Incurred Costs 731,250 1,421,300 Future Eligible Project Costs RAISE Funds 20,500,000 71% 20,500,000 52% Other Federal Funds 151,328 1% 10,080,155 26% Non -Federal Funds 8,343,404 29% 8,706,845 22% Total Future Eligible Project Costs 28,994,732 100% 39,287,000 100% Total Project Costs 29,725,982 40,708,300 Other: No changes. 10 of 23 Page 297 of 337 SCHEDULE F RAISE PROGRAM DESIGNATIONS 1. Urban or Rural Designation. Urban -Rural Designation: Rural 2. Capital or Planning Designation. Capital -Planning Designation: Capital 3. Historically Disadvantaged Community or Area of Persistent Poverty Designation. HDC or APP Designation: No 4. Funding Act. Funding Act: IIJA 11 of 23 Page 298 of 337 SCHEDULE G RAISE PERFORMANCE MEASUREMENT INFORMATION Study Area: La Porte Road from Shaulis Road to H Baseline Measurement Date: April 3, 2024 Baseline Report Date: June 3, 2024 Table 1: Performance Measure Table 218 Slip Ramp Measure Category and Description Measurement Frequency Auto Crash Rates by Type/Severity Safety Crash rates will be measured and reported as crashes per 100 million VMT and identified by the following severity categories: fatal, injury, property damage only (PDO) crashes. Quarterly Q y Bike and Pedestrian Counts/Trips Quality of Life Average daily bicycle and pedestrian counts using National Bicycle & Pedestrian Documentation Project methodology by conducting hourly counts at key locations in the study area. Counts will be collected on a typical weekday, Saturday and Sunday and should be conducted monthly to produce quarterly average. Quarterly 12 of 23 Page 299 of 337 SCHEDULE H CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1. Consideration of Climate Change and Environmental Justice Impacts. The Recipient states that rows marked with "X" in the following table are accurate: The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Recipient or a project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.) The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.) The Project incorporates electrification infrastructure, zero -emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.) The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.) The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.) The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.) The Project supports or incorporates the construction of energy- and location - efficient buildings. (Describe how in the supporting narrative below.) 13 of 23 Page 300 of 337 X The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2. Supporting Narrative. The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) o Recycling of existing pavement to use as modified subbase assists in reducing carbon emissions and construction waste. Corridor will install energy efficient LED lighting. Adaptive traffic signals will be installed to reduce traffic congestion and lower greenhouse gas emissions. 14of23 Page 301 of 337 SCHEDULE I RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with "X" in the following table are accurate: A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.) The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity -focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.) The Project includes physical -barrier -mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) X The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.) The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 15 of 23 Page 302 of 337 2. Supporting Narrative. The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) o The Project will fill a gap in the local bicycle and pedestrian network to connect this "area of persistent poverty" and Opportunity Zone to the city's extensive network of trails. This redresses inequity in the provision of trails between disadvantaged neighborhoods and areas of greater prosperity. The existing corridor is in an area that lacks sidewalks —a sidewalk desert. The project will add Americans with Disabilities Act (ADA) accessible routes along the corridor. The ADA sidewalk route will be along the east side for portions developed and the ADA bike path will be along the west side from Shaulis Rd to the north limits of La Porte and connects to the existing trail system at W. 18th Street. This project fills in the gap in the local trail systems, and connects the local trails to the regional and national American Discovery Trail, a coast -to -coast route across the U.S. The Project will also improve the ADA accessible transit accommodations in the corridor. 16 of 23 Page 303 of 337 SCHEDULE J LABOR AND WORK 1. Efforts to Support Good -Paying Jobs and Strong Labor Standards The Recipient states that rows marked with "X" in the following table are accurate: The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.) The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre -employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.) The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) 17 of 23 Page 304 of 337 X The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor's Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti -harassment and third -party reporting procedures covering employees and contractors; and f. maintaining robust anti -retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good - paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create good - paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improving good - paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor's Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; 18 of 23 Page 305 of 337 c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti -harassment and third -party reporting procedures covering employees and contractors; and f. maintaining robust anti -retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.) a. This project will be let through the Iowa DOT. As part of the letting process, the Iowa DOT also has taken specific steps to ensure there is no discrimination in the awarding and administering of contracts. The Iowa DOT Standard Specifications Section 1102.19 includes the contract Equal Employment Opportunity (EEO) and Affirmative Action (AA) Requirements. The EEO and AA requirements will apply to all contracts let by the Department that equal or exceed $10,000.00. The requirements will also apply to any subcontracts that equal or exceed $10,000 if the subcontract involves a contract let by the Department. On Federal -aid projects laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60), and orders of the Secretary of Labor, as modified by this specification and imposed pursuant to 23 USC 140, shall constitute the EEO/AA standards for the Contractor's company -wide activities for contracts let by the Iowa DOT and for subcontracts involved in such contracts. The Equal Opportunity Construction Contract Specifications, set forth under 41 CFR 60-4.3, and the provisions of the American Disabilities Act of 1990 (42 USC 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630, are both incorporated by reference in contracts and subcontracts utilized by the Iowa DOT. b. The Iowa DOT Standard Specifications Section 1102.19 requires compliance with Executive Order 11246. The Office of Federal Contract Compliance Programs, within the US DOL, is the only party having authority to determine enforcement of and compliance with Executive Order 11246 requirements incorporated in contracts and subcontracts utilized by the Iowa DOT. The Office of Federal Contract Compliance Programs, within the US DOL, is the only party having authority to determine enforcement of and compliance with Executive Order 11246 requirements incorporated in contracts and subcontracts utilized by the Department. Included among these requirements are the equal opportunity clause, contained in 41 CFR 60-1.4; the Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity, contained in 41 CFR 60-4.2; and (3) the Standard Federal Equal Employment Opportunity Construction Contract Specifications, contained in 41 CFR 60-4.3. c. The City of Waterloo passed the Fair Chance Initiative Ordinance and Amendment in 2020. This ordinance was to remove barriers to employment, judge applicants on their qualifications, reduce recidivism and enhance good business practice and workforce needs. If a person feels aggrieved, a complaint can be filed with the City of Waterloo 19 of 23 Page 306 of 337 Human Rights Commission or with the Iowa Civil Rights Commission. If a complaint is filed with the City of Waterloo Human Rights Commission, the City Attorney will then investigate the alleged complaint and issue a finding, including possible fines and refer the complaint to the Iowa Civil Rights Commission. Effective with the Jan. 21, 2015 letting, potential prime contractors will need to have a Bidder Status Form on file in order to be authorized to bid on any contract let at the Iowa Department of Transportation's Office of Contracts. This is to comply with reciprocal resident bidder preference provisions of Iowa Code 73A.21 and 875 Iowa Administrative Code Chapter 156. At no point is the previous criminal history of a prospective bidder considered in the pre -qualification process. d. The Iowa DOT Standard Specifications Section 1102.19 requires the Contractor's/Subcontractor's EEO/AA Policy to include EEO/AA Operating Statement. "It is the policy of this Company to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age, or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." The Equal Opportunity Construction Contract Specifications, set forth under 41 CFR 60-4.3 is incorporated by reference in contracts and subcontracts utilized by the Iowa DOT. e. The Iowa DOT Office of Civil Rights hosts several "Title VI Overview with Workshops" across the state. This training will explain the purpose of Title VI and the process of completing the documentation necessary for your organization to be considered "in compliance." f. Per Iowa DOT Specifications and Federal law, retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination by Federal contractors under these Federal laws. The Know Your Rights: Workplace Discrimination is Illegal notices are posted to the job board during the duration of a project. 20 of 23 Page 307 of 337 RECIPIENT SIGNATURE PAGE The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. October 2, 2024 Iowa Depar tiiient of Transportation By: Date Signature of Recipient's Authorized Representative Dillon J. Feldmann, P.E. Name Eastern Region Field Engineer, Local Systems Bureau Title 21 of 23 Page 308 of 337 DESIGNATED SUBRECIPIENT SIGNATURE PAGE The Designated Subrecipient, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. City of Waterloo By: Date Signature of Designated Subrecipient's Authorized Representative Quentin Hart Name Mayor Title 22 of 23 Page 309 of 337 USDOT SIGNATURE PAGE The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. UNITED STATES DEPARTMENT OF TRANSPORTATION By: Date Signature of USDOT's Authorized Representative Timothy C. Marshall, P.E. Name FHWA Iowa Division Administrator Title 23 of 23 Page 310 of 337 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 October 21, 2024 AGENDA ITEM TITLE Resolution approving a Federal -aid Agreement, with the Federal Highway Administration, in the amount of $750,000.00, in conjunction with the Railyard Relocation Study for the railyard located at 1006 E. 4th Street, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The agreement is with the federal highway administration to analyze the effects of the railyard and look at potential areas for relocation. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Federal Grant Funds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 311 of 337 1. NAE_IA_Downtown Waterloo Railyard_Grant Agreement Draft HEPP- GibsonComments 10.14.24 Page 312 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 1. Award No. 2. Effective Date See No. 17 Below TBD 4. Award To City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Unique Entity Id.: Z6C5NLT82JH3 TIN No.: 42-6005327 3. Assistance Listings No. 20.940 5. Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Acquisition & Grants Management 1200 New Jersey Avenue, SE HCFA-32, Mail Drop E62-204 Washington, DC 20590 6. Period of Performance 7. Total Amount Effective Date of Award — April 30, Federal Share: $750,000 2027 Recipient Share: $0 Total: $750,000 8. Type of Agreement Grant 9. Authority Inflation Reduction Act (IRA), § 60501; 23 U.S.C. 177, enacted as Pub. L. 117-169 (Aug. 16, 2022) 10. Procurement Request No. 11. Federal Funds Obligated TBD $750,000 12. Submit Payment Requests To 13. Payment Office See Article 13 of the General Terms and See Article 13 of the General Terms and Conditions. Conditions. 14. Accounting and Appropriations Data TBD 15. Description of Project Master planning for possible safety improvements along the corridor and the possible relocation of an active railroad yard from the downtown to the outskirts of town. Relocating the location of the train building yard will ease traffic issues through the downtown and increase pedestrian access, while safety improvements will make the entire corridor safer. RECIPIENT FEDERAL HIGHWAY ADMINISTRATION 16. Signature of Person Authorized to Sign 17. Signature of Agreement Officer Signature Date Signature Name: Quentin Hart Name: Title: Mayor Title: Agreement Officer 1 of 20 Date Page 313 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2023 NEIGHBORHOOD ACCESS AND EQUITY PROGRAM This agreement is between the United States Department of Transportation (the "USDOT") and the City of Waterloo (the "Recipient"). This agreement reflects the selection of the Recipient to receive an NAE Grant for the Downtown Waterloo Railyard Relocation and Railroad Crossing Improvement Study. If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient's assistance and oversight. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS. 1.1 General Terms and Conditions. (a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2023 Neighborhood Access and Equity (NAE) Notice of Funding Opportunity: FHWA Projects," dated October 1, 2024, which is available on the RCN website. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement. (b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, terminating of the NAE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the NAE Grant, and reporting the non-compliance in the Federal -government -wide integrity and performance system. ARTICLE 2 SPECIAL TERMS AND CONDITIONS. There are no special terms for this award] 2 of 20 Commented [G)(1]: I assume the City will choose this and delete Alternative #2? Page 314 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 SCHEDULE A ADMINISTRATIVE INFORMATION 1. Application. Application Title: Downtown Waterloo Railyard Relocation and Railroad Crossing Improvement Study Application Date: 09/28/2023 2. Recipient's Unique Entity Identifier. See section 24.3 of the General Terms and Conditions; also see page 1, item 4. 3. Recipient Contact(s). Tim Andera Economic Development Specialist 715 Mulberry St. 1 Waterloo, Iowa 50703 P: 319-291-4366 Tim.Andera@waterloo-ia.org 4. Recipient Key Personnel. lame Title or Position' Tim Andera Economic Development Specialist 5. USDOT Project Contact(s). TBD Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-32, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 [enter telephone] [enter email address] and TBD Agreement Specialist (AS) Office of Acquisition and Grants Management HCFA-32, Mail Stop E62-204 1200 New Jersey Avenue, S.E. 3 of 20 Commented [0(2]: May want to add Jamie Knutson as Jamie is named as the POC in the SF-424. What about Mayor Hart? He signed as the Authorized Representative in the SF-424 and will need to sign this agreement. Commented [MRT(3R2]: I would add whomever would be dealing with the grant on a day to day basis. Page 315 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 Washington, DC 20590 [enter telephone] [enter email] and 1Tim Marshall Agreement Officer Representative (AOR)I Division Administrator FHWA Iowa Division 105 6th Street (515) 233-7300 timothy.marshall@dot.gov and John Gibson Iowa Division Office Point of Contact Transportation Specialist Operations and Transportation Alternatives Programs Federal Highway Administration 105 6th Street Ames, IA 50010 Office: (515) 233-7322 johrmie.gibson@dot.gov and Kenneth Petty Director, Office of Planning Federal Highway Administration Office of Planning, Environment, and Realty 1200 New Jersey Avenue SE Room E72-330 Washington, DC 20590 6. Payment System. USDOT Payment System: DELPHI elnvoicing 7. Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management 8. Federal Award Identification Number. 4 of 20 Commented [GB(4]: Iowa Division/John please provide a name can be the DA but preferably someone who is involved in the day to day management of this project. Option to enter DA and day to day project manager as well. Page 316 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 See section 24.2 of the General Terms and Conditions; also see page 1, item 1. 9. Designated Subrecipient. Designated Subrecipient_: None SCHEDULE B PROJECT ACTIVITIES 1. General Project Description. Master planning for possible safety improvements along the corridor and the possible relocation of an active railroad yard from the downtown to the outskirts of town. Relocating the location of the train building yard will ease traffic issues through the downtown and increase pedestrian access, while safety improvements will make the entire corridor safer. 2. Statement of Work. The Downtown Railyard Relocation and Railroad Crossing Improvement Study aims to conduct a comprehensive analysis of the current Canadian National (CN) Railway railyard in Waterloo, Iowa, with a focus on assessing its generational impact on disadvantaged communities. The study area will be limited to the area between Hwy 63, Newell, Walnut, Independence, and Linden Ave. This study will identify present barriers created by the existing rail infrastructure, explore public health and safety solutions, and develop alternatives to address the diminished quality of life resulting from a history of redlining and segregation that still affects the community. The study will be conducted in close collaboration with the CN Railroad, local authorities, community stakeholders, and transportation and engineering experts. Phase 1: Project Initiation • Conduct a project kick-off meeting in a location of historical significance and convenience for those residing in proximity to the project location, including city officials, CN representatives, stakeholders, community representatives, and technical experts. • Define the railyard's impact on the community, project goals, objectives, and successful implementation criteria. • Develop a comprehensive stakeholder engagement plan. Phase 2: Existing Conditions Assessment 5 of 20 Page 317 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 • Inventory of existing rail infrastructure within Project area • Gather historical data on railyard development, redlining, and community demographics • Document physical, social, and economic barriers • Assess the socioeconomic and health impacts of the rail network on disadvantaged communities • Identify and assess community concerns related to railyard • Community impact analysis • Public health and safety assessment • Identify environmental contamination of the former site Phase 3: Community Engagement • Public meetings and workshops • Disadvantaged community outreach • Gather input and feedback Phase 4: Planning and Alternatives Analysis • Identify the functions and capacity required to protect in the CN rail operations • Identify and evaluate existing CN railroad crossing and railyard site modifications, safety improvements and enhancements • Develop conceptual designs for each alternatives o Railyard relocation o Site modifications enhancements o Grade -Separated Pedestrian Crossing(s) • Consider innovative solutions to enhance community access and well-being • Assess the feasibility, costs, and benefits of each alternative • Economic impact analysis, including potential for industrial and commercial growth at relocation site Phase 5: NEPA Review • Environmental impact Review • Public Information Meetings 6 of 20 Page 318 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 SCHEDULE C AWARD DATES AND PROJECT SCHEDULE 1. Award Dates. Budget Period End Date: April 30, 2027 Period of Performance End Date: See section 4.5 of the General Terms and Conditions; also see page 1, item 6. 2. Estimated Project Schedule. Milestone Schedule Date Planned Project Completion Date: September 30, 2026 3. Special Milestone Deadlines. None. 4. Prerequisite Dates. Milestone Date Added to Unified Planning Work Program (UPWP) Not required Added to Statewide Planning Work Program Not required 7 of 20 Page 319 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 SCHEDULE D AWARD AND PROJECT FINANCIAL INFORMATION 1. Award Amount. NAE Grant Amount: $750,000 2. Federal Obligation Information. Federal Obligation Type: Single 3. Approved Project Budget. Eligible Project Costs Total NAE Funds: $750,000 Other Federal Funds: $0 Non -Federal Funds: $0 Total: $750,000 4. Approved Pre -award Costs None. The USDOT has not approved under this award any pre -award costs under 2 C.F.R. 200.458. 8 of 20 Page 320 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 SCHEDULE E CHANGES FROM APPLICATION INSTRUCTIONS FOR COMPLETING SCHEDULE E: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, budget described in schedules B—D. The purpose of this schedule E is to clearly and accurately document the differences in scope, schedule, and budget to establish the parties' knowledge and acceptance of those differences. If there are notable changes in aspects of the Project other than scope, schedule, and budget (e.g., recipient changes), those changes should also be described. See section 3.1 of the General Terms and Conditions. Scope: No Changes Schedule: No Changes Budget: No Changes Other: No Changes 9 of 20 Page 321 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 SCHEDULE F NAE PROGRAM DESIGNATIONS 1. Capital Construction or Planning Designation. Capital -Planning Designation: Planning 2. Regional Partnership Challenge Grant Regional Partnership Designation: No 3. Economically Disadvantaged Community Designation. Economically Disadvantaged Community Designation: Yes 4. Funding Source. Funding Source: General Fund 5. Security Risk Designation: Low 10 of 20 Page 322 of 337 Reserved. TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 SCHEDULE G NAE PERFORMANCE MEASUREMENT INFORMATION 11 of 20 Page 323 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 SCHEDULE H CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1. Consideration of Climate Change and Environmental Justice Impacts. The Recipient states that rows marked with "X" in the following table are accurate: x The Project is a planning project and incorporates consideration of climate change and environmental justice impacts. (Identify how the planning project incorporates consideration of climate change and environmental justice impacts in the narrative below.) The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Recipient or a project partner used environmental justice tools, such as the Climate & Economic Justice Screening Tool (CEJST), USDOT's Equitable Transportation Community (ETC) Explorer, or the EPA's EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.) The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.) The Project incorporates electrification infrastructure, zero -emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.) The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.) 12 of 20 Page 324 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.) The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.) The Project supports or incorporates the construction of energy- and location - efficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.) The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions, from schedule B in the supporting narrative below.) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2. Supporting Narrative. Waterloo is taking big steps to address environmental challenges and combat climate change. By moving the railyard to a better location, we'll reduce downtown congestion and train idling, leading to lower emissions and better air quality. This change will also make traffic smoother, reducing fuel use and greenhouse gas emissions from idling cars. The potential redevelopment of the Smokey Row Triangle and a new industrial site in the Northeast Industrial Area will promote sustainable practices, like eco-friendly designs and energy -efficient infrastructure, along with green spaces. The study will also explore the possibility of turning the old railyard's area into a green space, which will not only improve downtown's appearance but also help the environment by capturing carbon, controlling erosion, collecting rainwater, and providing a habitat for wildlife and pollinators. This study is a significant step toward a more eco-friendly and sustainable future for Waterloo. It aligns with our commitment to reduce our carbon footprint and build a resilient community in the face of climate change. ffhe Canadian National Railway (CN) Railyard in Waterloo, Iowa, occupies a prominent location within the heart of the city. Situated just north of the downtown area between East 4th St and Martin Luther King Jr. Dr, the railyard spans a considerable expanse of land, characterized by a labyrinth of rail tracks and infrastructure. This central position continues to have a significant 13 of 20 Page 325 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 impact on the surrounding area, most notably the neighborhoods north to Donald St and east to North Elk Run Rd. The railyard and connecting tracks are surrounded by residential neighborhoods to the north and east, a commercial district to the west, and the East High School complex to the south. The current location of the railyard has had a detrimental impact on neighboring residential property values. The noise and air pollution, safety concerns, the aesthetics of industrial facilities, and constant movement of trains detracts from the appeal of the neighborhood and reduces the desirability of living nearby. As a result, prospective homebuyers and renters often perceive these areas as less attractive, which has led to a decline in residential property values near the railyard. The average residential property value in this area stands at $57,015, a notable 58% lower than the city-wide average property value of $136,590. This substantial disparity in property. In 2018, a study and subsequent article by 24/7 Wall Street ranked Waterloo, Iowa, as the worst city in the United States for Black Americans to reside. This conclusion was reached through a comprehensive methodology that assessed race -based disparities in socioeconomic outcomes across metropolitan areas. The findings were stark: "No U.S. metro area has larger social and economic disparities along racial lines than Waterloo -Cedar Falls, Iowa." Black residents in the metro area earned only 46.8 percent of what their white counterparts earned and faced significantly higher unemployment rates. The black unemployment rate stood at a staggering 23.9 percent, well above the national black unemployment rate (13.3 percent) and was the second highest among all U.S. metro areas. In contrast, the white unemployment rate in the area was 4.4 percent, below the national white unemployment rate of 5.9 percent and one of the lowest nationwide. 14 of 20 Commented [GB(5]: The above paragraphs do a great job of addressing climate but more details are needed to address environmental justice. Copied language from the application can be used here to address that. Please edit accordingly for better flow. Page 326 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 Schedule I Equity And Barriers To Opportunity 1. Efforts to Improve Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with "X" in the following table are accurate : x The Project is a planning project and incorporates consideration of racial equity and barriers to opportunity. (Identify how the planning project incorporates consideration of racial equity and barriers to opportunity in the narrative below.) A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.) The Recipient or a project partner has adopted an equity and inclusion program/plan, or has otherwise instituted equity -focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.) The Project includes physical -barrier -mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.) The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identi the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2. Supporting Narrative. 15 of 20 Page 327 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 One of the community's most perilous and disruptive railway crossings lies a mere six city blocks away from East High School, frequently causing delays that can stretch for hours. Equally common is the students' perilous choice to risk their well-being by either crawling under or climbing over these halted rail cars, all in a desperate attempt to arrive at school on time. Technically, this act is labeled as "trespassing" by the railroad. However, for these students, the only alternative is to wait for an indeterminate amount of time until the trains move on, or to backtrack and find another route. The closest alternative route involves a half -mile detour to the US Hwy 63 overpass. No pedestrian overpasses currently exist at East 4th St and the railroad line. In 2023, East High School enrolled a total of 988 students, out of which 60% belonged to minority communities, and 72% faced economic disadvantages. Notably, the school's graduation rate stood at 87% which falls considerably below the state median. There are 665 homes situated in historically impoverished areas north of the railyard, with East 4th St serving as the most direct route to East High School. Within these homes reside 266 high school students, with a staggering 91% belonging to minority groups. These students, on average, were late to school 22% more often than the district's average. While it's challenging to precisely quantify the impact of blocked railroad crossings on these statistics, a clear correlation exists between these obstructions and school attendance. Federal requirements for locomotive air brake testing, aimed at safety, have created a significant obstacle for residents in accessing essential services they need for success and survival. These challenges continue to affect the descendants of strikebreakers who came to the "Promised Land" and still live in deteriorating homes and neighborhoods. These areas have lost value compared to less integrated parts of the community, contributing to the generational wealth gap. Additionally, the facilities these residents are dependent on receive subsidies and enjoy "Special Legal Congressional Status," while the homes in the Smokey Row Triangle area cannot qualify for Housing and Urban Development (HUD) funding due to the negative environmental, social, and economic impacts of the nearby railyard. The railroads seem to operate without facing any repercussions for obstructing vital links to education, employment, healthcare, and opportunities, exacerbating the fragmentation within the community. Consequently, we witness neighborhoods grappling with blight, insufficient investment in suitable housing, persistent poverty, restricted access to opportunities, and a national ranking as one of the areas with the lowest quality of life for Black Americans. 3. Community Engagement Activities. Community Engagement activities for the Planning project will include public meetings and workshops, and disadvantaged community outreach to gather input and feedback. The City will also utilize social media to engage the community in public meetings and workshops. For decades, the Waterloo CN Railyard and East 4th St crossing have been safety and access problems for the community. Recognizing the urgent need for improvement, the City of Waterloo and the Black Hawk County MPO have made it a top priority. In the past five years, we've worked closely with the community and formed valuable partnerships to address these challenges in an underserved area. We've received strong support for this project, including 16 of 20 Page 328 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 endorsements from organizations like the Walnut Historic Neighborhood Association and We Care Neighborhood Association, which are nearby. We plan to continue this collaboration by engaging the community and gathering input, insights, and concerns from residents, organizations, and stakeholders. Our commitment to working together highlights our dedication to improving safety and accessibility in this underserved area. 4. Activities to Safeguard Affordability. Not Applicable 17 of 20 Page 329 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 SCHEDULE J LABOR AND WORKFORCE 1. Efforts to Support Good -Paying Jobs and Strong Labor Standards The Recipient states that rows marked with "X" in the following table are accurate: x The Project is a planning project. (Identify in the narrative below the extent to which, if any, the planning project incorporates consideration of good paying jobs and strong labor standards.) The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.) The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre -employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.) The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) 18 of20 Page 330 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor's Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti -harassment and third -party reporting procedures covering employees and contractors; and f. maintaining robust anti -retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create good - paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create good - paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improving good - paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. This project holds the promise of boosting workforce development and economic opportunities for several reasons. The proposed site's strategic placement would enable the expansion of rail services near Waterloo's Northeast Industrial Area. In 2019, the Black Hawk County MPO collaborated with AECOM to conduct a feasibility study aimed at alleviating congestion and improving the condition of the current over -the -road freight traffic originating from US Highway 20, 63, and 218, along with other routes. This study identified various alternatives that would address rail freight access and congestion issues near the preferred relocation site. The Northeast Industrial Park, home to Tyson, John Deere, Ferguson Supply, Ryder Logistics, among others, would, if awarded, synergize with the railroad analysis and Northeast Industrial Park Bypass Study, creating a vast industrial site capable of accommodating thousands of acres of development. 19 of 20 Page 331 of 337 TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2024-02-26 Equally important is the potential for revitalizing the once -thriving business districts in Smokey Row. Reinvesting in this historic triangle holds the potential to fortify the community and foster cultural integration. This district represents the last remaining commercial area within the original city plat that has not seen investment in five decades, offering the prospect of once again becoming a vibrant extension of the downtown district. 20 of 20 Page 332 of 337 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 21, 2024 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 7 with Stanley Consultants, Inc., of Des Moines, Iowa, in the amount of $52,600.00, in conjunction with the FY 2022 11th Street and Park Avenue Bridge Replacements Project, Contract No. 1013, 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 333 of 337 1. SA7_CityofWaterloo_ParkAvel 1 thStreetBridges Page 334 of 337 SUPPLEMENTAL AGREEMENT NO. 07 This Supplemental Agreement, made and entered into by and between STANLEY CONSULTANTS, INC. (Consultant) and CITY OF WATERLOO (Client) amends their agreement of September 23, 2019, for Consultant to provide services to the Client for the Feasibility Study for Replacement of Park Avenue and 11 th Street Bridges over the Cedar River, as follows: Scope of Services This Supplemental Agreement is for the design, permitting, construction documents and construction related services (CRS) at the Park Avenue Bridge for installation of a Bridge Memorial Marker and Signage. Additional design effort required due to change in site location of the marker and signage. Refer to attached Exhibit 1 — Scope of Services. This Supplemental Agreement extends the Agreement End Date to December 31, 2025, to allow CONSULTANT to continue providing CRS for project. Time of Beginning and Completion Estimated to complete work by October 31, 2025. Fees and Payments Original Professional Services Agreement Supplemental Agreement No. 1 Supplemental Agreement No. 2 Supplemental Agreement No. 3 Supplemental Agreement No. 4 Supplemental Agreement No. 5 Supplemental Agreement No. 6 $505,000.00 $28,643.00 $1,043,000.00 $1,945,600.00 $13,816.00 $124,600.00 $903,000.00 Task Compensation Construction Administration & Engineering During Construction $52,000.00 Project Expenses $600.00 Supplemental Agreement No. 7 - Subtotal Amount $52,600.00 New Total Contract Amount $4,616,259.00 Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original Agreement dated September 23, 2019, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Supplemental Agreement to be executed on the date below indicated. STANLEY CONSULTANTS, INC. By: Z7LGi'L!�[' CITY OF WATERLOO By: Daniel R. Fullerton, P.E. Client Service Manager Date: 10-08-2024 Date: Attest: Attest: By: /�i By: Wendy Diekema City_of_Waterloo_lowa\29363 - 11th and Park Ave Bridge Replacements \01-Contracts\SA7_CityofWaterloo_ParkAvel lthStBridges.docx SC3881 1014 Page 335 of 337 Stanley Consultants INC. Exhibit 1 Scope of Services PARK AVENUE BRIDGE MEMORIAL MARKER ENGINEERING, DESIGN AND CONSTRUCTION RELATED SERVICES CITY OF WATERLOO, IOWA This Scope of Work is for design, permitting, bidding assistance and construction related services required for installation of the Park Avenue Bridge Memorial Marker consistent with the historic marker concept provided by Invision Architects (SUBCONSULTANT) and Park Avenue Bridge Historical Signage concept provided by Tallgrass Archaeology. PART 1 - BASIC SERVICES The CONSULTANT shall perform Basic Services consisting of those described below. 1.1 Project Management 1.1.1 Include updates on the progress of design and permitting on monthly progress reports. 1.1.2 Coordinate the proposed design with U.S. Army Corps of Engineers (USACE) to determine the need for additional permitting for work on the dry side of the existing flood wall and berm. Permits would accommodate full construction of the bridge memorial marker and access paving. 1.1.3 Coordinate the proposed design with the State Historical Preservation Organization (SHPO) if needed to fulfill historic monument requirements previously established in agreements with SHPO during earlier project phases. 1.2 Public Involvement 1.2.1 Provide up to two (2) project updates to City Council or other committees as requested by CLIENT. This could include Main Street Waterloo or Waterloo Development Corporation. 1.3 Design / Construction Documents 1.3.1 Compile and submit documents for the proposed work that is potentially within the influence of the existing floodwall and berm for review by the USACE to determine if a Section 408 permit is required for project. 1.3.2 Utilize available geotechnical report from the Park Avenue Bridge project and the floodwall construction to develop foundation type and details. 1.3.3 Prepare 60% Design and 95% Design Plans, Specifications, and Estimate of Probable Construction Cost. Submit plans, specifications and estimate to CLIENT and USACE for review and comment. 1.3.3.1 Design includes the following: 1.3.3.1.1 Marker pedestal supports for mounting the beam from the old bridge. Concrete pedestal to include connection for steel bearing from old bridge. 1.3.3.1.2 Concrete walkway connecting to the sidewalk along Park Avenue and provide ADA access to the area in front of the marker. 1.3.3.1.3 The existing landscaping in the designated location will be replaced and coordinated with the new marker site. Invision Architects (SUBCONSULTANT) will assist with design and coordination and Ritland Kuiper (SUBCONSULTANT) will provide landscaping architectural services to include design development and construction documents for the project. The installation includes a small area of pavement and replacement of some perennial plantings installed previously as part of the RiverLoop Amphitheater project. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements — Park Ave Bridge Marker Page 1 of 2 Page 336 of 337 Stanley Consultants INC. Exhibit 1 Scope of Services Construction documents (plan, details, and specifications) for landscape plantings as well as joint layout and specification information related to colored concrete pavement to match other downtown venues. 1.1.1.1.1 Conduit and handholes to be included with the project for future lighting and electrical service needs for the marker site. 1.1.1.1.2 Historical Information Signage with free standing mounts mounted near corners of the bridge. CLIENT will provide details for material, type, and size of free-standing mounts. 1.1.1.1.3 Specification or plan notes for prepping, repairing, and painting the existing bridge beam section. 1.1.1.1.4 Prepare Project Manual to include Front End and Technical Specifications using CSI format for bidding to be included with plan submittal. 1.1.1.1.5 Construction documents to be developed to construct the Historical Information Signage as well as Marker pedestal with attachment of the old beam section. Construction documents will include plans, specifications prepared for local letting. The project will be bid and constructed locally by the City of Waterloo. 1.1.2 Attend one (1) review meeting with CLIENT and other stakeholders as needed. Up to three (3) persons from CONSULTANT shall participate in meeting. 1.1.3 Incorporate CLIENT and USACE review comments, complete Final Plans and submit to CLIENT for final approval. 1.1.3.1 Signed and sealed drawings. 1.1.3.2 Signed and sealed specifications and bidding documents. 1.1.3.3 Submittal to be by electronic PDF. 1.1.4 Construction Documents provided to the CITY for bidding. CONSULTANT will provide bidding assistance, including answering design questions during the bid period, providing addendum documents if needed, and assisting the CITY with bid tabulations following receipt of bids and recommendation for award of construction contract. Level of effort assumes 16 hours for responding to questions during the bid period and preparing up to two addenda. 1.2 Construction Administration 1.2.1 Attend six progress meetings with CLIENT and Contractor. One person from Invision Architects (SUBCONSULTANT) will attend meeting. 1.2.2 Perform up to six site visits to observe work performed by Contractor. Prepare report documenting observations and provide photos. 1.2.2.1 One person from Invision Architects (SUBCONSULTANT) will conduct up to four site visits. 1.2.2.2 One person from Ritland+Kuiper (SUBCONSULTANT) will conduct up to two site visits. 1.2.3 Respond to RFIs and review Shop Drawings. Assumptions for effort are as follows: 1.2.3.1 Review and submit six shop drawings with one iteration of comments on each. 1.2.3.2 Respond to six RFIs through the construction of the project. Scope of Work - Park Ave and 11TH Street over Cedar River Bridge Replacements — Park Ave Bridge Marker Page 2 of 2 Page 337 of 337