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Home My WebLink AboutCouncil Packet - 12/02/2024Amended Council Agenda Council Meeting December 2, 2024 MEND Consent Agenda Item No. 12: Motion to approve the appointment of Lorenzo Jackson from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective December 3, 202'I, December 9, 2024, pending pre -employment physical and drug testing. Reason: Pre -employment test results are not back. CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, December 2, 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 443 is required to follow the rules listed in this article when speaking during any meeting of the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address, and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (4:00) P.M. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence. Pledge of Allegiance, John Chiles, Ward 1 Council Member. Approval of Agenda, as proposed or amended. Approval of Minutes of the November 18, 2024, Regular Council Session, as proposed or Page 2 of 443 amended. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request by Brooke Eighmey, for tax exemptions on the construction of a new single family home valued at $515,000.00, for property located at 1346 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). 3. Resolution approving the request of Hasib Rekic for a waiver for a concrete driveway, located at 918 Roosevelt Street, with the elimination of the sidewalk section due to inability to meet grade requirements. 4. Resolution approving the request of Brad Stroh, for a waiver for a concrete driveway, located at 709 Dearborn Avenue, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street and for culvert placement by property, at property owner expense, if required for future ditch work. 5. Resolution setting date of public hearing as December 16, 2024, for approval of a Development Agreement with Iowa Heartland Habitat for Humanity, in conjunction with the sale and conveyance of 408 Vermont Street located within the Church Row Neighborhood, with a grant of $5,000.00 for infill housing development for the rehabilitation of a single- family home, and with a grant of up to $16,885.00 to cover the costs of asbestos mitigation, and instruct the City Clerk to publish notice. 6. Resolution approving award of bid to D.W. Zinser Company, Inc., of Walford, Iowa, in the amount of $339,900.00, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D-2024-10-02P, for properties located at 2127 E. 4th Street (the former Saint Mary's Church and School) and 123 E. Parker Street (the former Saint Mary's Villa), and authorizing the Mayor and City Clerk to execute said documents. 7. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Midwest Surface Prep, Inc., of Nashua, Iowa in the amount of $23,680.00, in conjunction with the FY-23 IDOT CSVI Project, Contract No. 4606. Page 3 of 443 8. Motion to approve Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net decrease of $2,061.32, in conjunction with the MLK Wetland Mitigation Project - Phase I, Contract No. 1005, and authorizing the Mayor and City Clerk to execute said document. 9. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $121,480.83 in conjunction with the MLK Wetland Mitigation Project - Phase I, Contract No. 1005, and receive and file a two-year maintenance bond. 10. Motion to approve Change Order No. 1 with Advanced Environmental, Inc., of Waterloo, Iowa, for a net increase of $2,200.00, in conjunction with additional asbestos abatement work (duct paper) for property located at 318 Bratnober Street under Contract No. AB-2024- 09-07P, and authorizing the Mayor to execute said document. 11. Motion to approve submission of an AFG Grant Application by the Waterloo Fire Department for one million dollars, to be put towards a new aerial truck. 12. Motion to approve the appointment of Lorenzo Jackson from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective December 3, 2024, pending pre -employment physical and drug testing. 13. Motion to approve the appointment of Joseph Geilman from the current Civil Service List to the position of Planner I in the Planning & Zoning Department, effective December 9, 2024, pending pre -employment physical and drug testing. 14. Communication from the Planning & Zoning Department on the notice of the conclusion of employment of Adrienne Miller, Planner II, effective November 1, 2024, with recommendation of approval of payout of $4,053.76 for unused benefits. 15. Motion to receive and file the Airport Board minutes of September 25, 2024. 16. Liquor Licenses a. Carlos O'Kelly's, Inc., 2060 Sovis Drive, Class C Alcohol/Outdoor Service/Catering w/Sunday Sales (Renewal) Exp: 12/30/2025. b. Knights of Pythias - Furgeson Lodge #5, 244 Ash Street, Class B Retail Alcohol/Outdoor Service w/Sunday Sales (New) Exp: 11/22/2025. c. Locker Room Lounge, 1918 Hawthorne Avenue, Class C Alcohol/Outdoor Service w/Sunday Sales (Renewal) Exp: 12/31/2025. d. Three Amigos Family Restaurant, 2820 Falls, Avenue, Class C Alcohol w/Sunday Sales (Renewal) Exp: 08/24/2025. 17. Bonds. 18. Receive and file the 2025 Budget of the Waterloo Telecommunications Utility and authorize City Clerk to file said documents with Black Hawk County Auditor. 19. Receive and file the 2025 Budget of the Waterloo Water Works and authorize City Clerk to file said documents with Black Hawk County Auditor. 20. Motion to receive and place on file the 2023 Operating Report of the Waterloo Water Page 4 of 443 Works. 21. Motion to receive and place on file the 2023 Audit of the Waterloo Water Works. PUBLIC HEARINGS 1. FY 2025 W.A.R.P. 4th Addition, Contract No. 1114. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids. Resolution approving award of bid to Baker Enterprises, Inc., of Waverly, Iowa, in the amount of $3,388,768.90, approving the contract, bond, and certificate of insurance, in conjunction with the FY 2025 W.A.R.P. 4th Addition, Contract No. 1114, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 2. The issuance of not to exceed $18,000,000.00 Taxable General Obligation Urban Renewal Bonds (ECP/UR-1). Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action for the issuance of not to exceed $18,000,000.00 Taxable General Obligation Urban Renewal Bonds (ECP/UR-1). Submitted by: Bridgett Wood, Finance Director 3. The issuance of Not to Exceed $10,500,000.00 General Obligation Urban Renewal Bonds (ECP/UR-2). Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action for the issuance of not to exceed $10,500,000.00 General Obligation Urban Renewal Bonds (ECP/UR-2). Submitted by: Bridgett Wood, Finance Director 4. The issuance of Not to Exceed $4,000,000.00 Taxable General Obligation Urban Renewal Bonds (ECP/UR-3). Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action for the issuance of not to exceed $4,000,000.00 Taxable General Obligation Urban Renewal Bonds (ECP/UR-3). Submitted by: Bridgett Wood, Finance Director 5. Sale and conveyance of city -owned properties located at 1027 W. 3rd Street and 128 Page 5 of 443 Lincoln Street, in the amount of $25,200.00, to Rock Star Real Estate, LLC. 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 approving the sale and conveyance of city -owned property located at 1027 W. 3rd Street and 128 Lincoln Street, in the amount of $25,200.00, to Rock Star Real Estate, LLC, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Rock Star Real Estate, LLC in conjunction with the rehabilitation of 1027 W. 3rd Street and 128 Lincoln Street, including a grant of $10,000.00 for partial purchase price refund and a grant of $10,000.00 for infill housing development, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 6. Sale and conveyance of city -owned property, located at 715 Mulberry Street and 626 Mulberry Street, to FDP CD, LLC, in the amount of $1.00 and acquisition of 100 E. 4th Street in the amount of $1.00. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file Motion to close the hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of city -owned property located at 715 Mulberry Street and 626 Mulberry Street, in the amount of $1.00, to FDP CD, LLC, and acquisition of 100 E. 4th Street, in the amount of $1.00, from FDP CD, LLC. Resolution approving a Development Agreement and Minimum Assessment Agreement with FDP CD, LLC including the sale and conveyance of city -owned property, located at 715 Mulberry Street and 626 Mulberry Street, in the amount of $1.00, in exchange for the acquisition of a property located at 100 E. 4th Street in the amount of $1.00, including a grant of $6,200,000.00, an annual tax support grant equal to the amount of tax increment collected by the City, and seventy percent tax rebates for fifteen years for each completed phase. Submitted by: Noel Anderson, Community Planning and Development Director 7. Sale and conveyance of city -owned property, a vacant lot located within the Walnut Neighborhood, in the amount of $1.00, to Iowa Heartland Habitat for Humanity, including approval of a development agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city -owned property, a vacant lot located within the Walnut Neighborhood, in the amount of $1.00 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 one single-family home, with a total of $5,000.00 Infill Housing Grant, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 8. Request by Maria E. Schnepf to rezone approximately 0.10 acres from "R-4" Multiple Residence District to "R-4, C-Z" Conditional Zoning District to allow for a retail store Page 6 of 443 located at 1122 W. 4th Street. 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 and recommendations of approval of the Planning, Programming, and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Maria E. Schnepf to rezone approximately 0.10 acres from "R-4" Multiple Residence District to "R-4, C-Z" Conditional Zoning District to allow for a retail store located at 1122 W. 4th Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 9. Real Estate Purchase Agreement with 1515 Sycamore, LLC, to purchase the former Rath Administration Building and a vacated portion of Elm Street, including an Amendment to the Development Agreement. 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 approving the sale and conveyance of city -owned property located at 1515 Sycamore Street and a portion of vacated Elm Street, to 1515 Sycamore, LLC, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a second amendment to the Development Agreement with 1515 Sycamore, LLC in conjunction with the rehabilitation of 1515 Sycamore Street convey a portion of vacated Elm Street, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 10. 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. Resolution approving award of bid to MacQueen of Cresco, Iowa in the amount of $3,198.98, in conjunction with the Fire Turnout Gear Replacement Project, and authorizing the Mayor to execute said documents. Submitted by: Bill Beck, Fire Chief RESOLUTIONS 1. Resolution approving name change of the Riverview Recreation Area to Paul Huting Recreation Area, as recommended by the Waterloo Leisure Services Commission. Submitted by: Todd Derifield, Leisure Services Interim Director Page 7 of 443 2. Resolution of the City of Waterloo, Iowa, authorizing official banking signatures. Submitted by: Bridgett Wood, Finance Director 3. Resolution approving Preconstruction Agreement with Iowa Department of Transportation for the use of City of Waterloo Right -of -Way, for primary road improvements pertaining to the asphalt resurfacing of US Hwy. 63 from University Avenue to US Hwy. 20, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 4. Resolution approving a Traffic Control Device Agreement with the Iowa Department of Transportation for the installation and maintenance of pedestrian push -buttons on US Highway 63, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer, city engineer 5. Resolution approving the City of Waterloo Municipal Golf Rate Fee Schedule for the 2025 Season. Submitted by: JB Bolger, Park Superintendent 6. Resolution approving the Cedar Valley Sportsplex rates for 2025 as recommended by the Leisure Services Commission. Submitted by: Todd Derifield, Leisure Services Interim Director 7. Resolution approving a Professional Services Agreement with Levi Architecture for services related to the construction of the South Hills Golf Course Maintenance Building and authorizing the Park Superintendent to execute said document. Submitted by: JB Bolger, Park Superintendent 8. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, for on -call consulting services, in conjunction with the FY 2025 - FY 2029 FAA -funded Airport Improvement Projects, and authorizing the Mayor to execute said document. Submitted by: Steven Kjergaard, Director of Aviation 9. Resolution approving a Professional Service Agreement with Invision of Waterloo, Iowa, in the amount of $420,000.00, in conjunction with the Courier Building Renovations, and authorizing the Mayor to execute said document. Submitted by: Greg Ahlhelm, Building Offical 10. Resolution approving a Professional Services Agreement with Eocene Environmental Group, of Coralville, Iowa, in an amount not to exceed $510,000.00, to perform professional consulting services as a qualified environmental professional to assist with the management and implementation of a CERCLA Section 104(K) Multipurpose Grant from the Environmental Protection Agency pertaining to environmental cleanup of multiple sites within the City of Waterloo, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director Page 8 of 443 11. Resolution approving an amendment to the Development and Purchase Agreement with Ryan Companies US, Inc., amending section 9.B of the Development Agreement and Section One of the Purchase Agreement, to change the purchase price from $2,139,000.00 to $2,276,875.50, located at 3280 Newell Street, and authorizing Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 9 of 443 November 18, 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, November 18, 2024. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. Simon and Ms. Wilder. Mr. Feuss was absent. Prayer or Moment of Silence. Pledge of Allegiance, Dave Boesen, Ward 2 Council Member. Approval of Agenda, as proposed or amended. Nichols/Wilder that the agenda as proposed be approved. Voice vote -Ayes: Six. Motion carried. Approval of Minutes of November 4, 2024, Council Regular Session, as proposed or amended. Nichols/Wilder that the minutes of the November 4, 2024, Regular Session, as proposed be approved. Voice vote -Ayes: Six. Motion carried. Check presentation in honor of Donna Bartley Reed to add a new play structure to one of Waterloo's parks. PUBLIC COMMENTS The following individuals commented on various subjects. Mary Potter, 1416 W. 4th Aaron Stacey Roberts, 511 Almond David Dryer, 3145 W. 4th Street Ryan Madison, 1320 E. 4th Street LaTonya Graves, 607 E. Donald Street Ms. Creighton -Smith shared the date and time of her upcoming ward meeting at the Boys and Girls Club. Mr. Chiles shared that on the last Saturday of the month he would hold ward office hours at the Sidecar Coffee on Ridgeway. Mr. Boesen commented that two weeks ago he was able to hook up to Waterloo Fiber and Page 1 of 17 Page 10 of 443 highly recommends others sign up for the service. He did lose his Mediacom phone during the switch, which was his council contact. He anticipates that it will be next Spring before he will have a new phone through Waterloo Fiber and asked that if anyone needs to reach him, please reach out via email. Mr. Chiles commented that he also was connected with Waterloo Fiber and the service is amazing. Ms. Wilder commented that the Ward 3 meeting would be held on the last Sunday of the month at 4:00 p.m. at the Waterloo Library. Mr. Nichols requested information regarding the yard waste curbside pick up and drop site schedules, and asked if the drop site might remain open longer if weather conditions are favorable. Shelia Steffen, Public Works Coordinator, shared that the curbside pick up will be ceasing due to the colder weather affecting how efficiently leaves can be dumped from the cart. The Sanitation Department will be looking at extending operations at the drop site and will reach out to Tara Thomas-Gettman to post that information if we are able to do so. Mr. Simon questioned how weather -related bumps in the roads are managed. Jamie Knutson, City Engineer, shared that Mr. Simon would be referring to frost heaves. Public Works will perform maintenance on problem areas and encourage the public to contact public works. He further provided an update on construction on Broadway Street, La Porte Road from Shaulis Road to the KOA Campground, and the Park Avenue Bridge project. Ms. Wilder requested an update on the white power fliers that were sent out around town. Rob Duncan, Police Chief, provided an update on the efforts to identify the individuals involved. A few people have been identified and they are working with the county attorney, the attorney general and the FBI. If someone does receive fliers, they should contact the police at the non - emergency number 319-291-2515. Nichols/Wilder to close public comments. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA Nichols/Wilder that the following items on the consent agenda be received and placed on file, including the payment of bills for November 12, 2024, in the amount of $5,398,217.86, and November 18, 2024, in the amount of $6,696,312.83, be received and placed on file. Voice vote -Ayes: Six. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-662. Page 2 of 17 Page 11 of 443 Resolution approving the request by E & A Properties LLC, for tax exemptions on the construction of a new single-family home valued at $109,000.00, for property located at 835 Jane Street and located in the City Limits Urban Revitalization Area (CLURA). Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-663. Resolution approving the request of Geraldine Thornsberry for a waiver for a concrete driveway, located at 704 Sheridan Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-664. Resolution setting a date of public hearing as December 2, 2024, on the proposed issuance of not to exceed $18,000,000.00 Taxable General Obligation Urban Renewal Bonds of the City of Waterloo, Iowa, for Essential Corporate Urban Renewal Purposes and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-665. Resolution setting a date of public hearing as December 2, 2024, on the proposed issuance of not to exceed $10,500,000.00 Taxable General Obligation Urban Renewal Bonds of the City of Waterloo, Iowa, for Essential Corporate Urban Renewal Purposes and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-666. Resolution setting a date of public hearing as December 2, 2024, on the proposed issuance of not to exceed $4,000,000.00 Taxable General Obligation Urban Renewal Bonds of the City of Waterloo, Iowa, for Essential Corporate Urban Renewal Purposes and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-667. Resolution approving the City of Waterloo Annual Financial Report for the Fiscal Year ended June 30, 2024, authorizing publication of the report, submission to the State of Iowa, and execution of the document by the Mayor and Finance Director. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-668. Resolution approving the Annual Financial Report for City Streets, for the fiscal year ended June 30, 2024, and authorizing transmittal to the Iowa Department of Transportation. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-669. Resolution approving preliminary plans, specifications, bid documents etc., setting date of bid opening as November 21, 2024, and date of public hearing as December 2, 2024, in Page 3 of 17 Page 12 of 443 conjunction with the Waterloo Fire Rescue Turnout Gear Replacement Project, and instruct the City Clerk to publish the notice. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-670. Resolution setting date of public hearing as December 2, 2024, for approval of a Development Agreement with Iowa Heartland Habitat for Humanity, in conjunction with the sale and conveyance of one vacant lot located within the Walnut Neighborhood, with a grant of $5,000.00 for infill housing development for the construction of a new single-family home, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-671. Resolution setting date of public hearing as December 2, 2024, for the sale and conveyance of city -owned properties located at 1027 W. 3rd Street and 128 Lincoln Street, in the amount of $25,200.00, to Rock Star Real Estate, LLC, including approval of a Development Agreement for the rehabilitation of the homes, a grant of $10,000.00 for partial purchase price refund and a grant of $10,000.00 for infill housing development, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-672. Resolution setting date of public hearing as December 2, 2024, for the sale and conveyance of city -owned property located at 715 Mulberry Street and 626 Mulberry Street, in the amount of $1.00, to FDP CD, LLC in exchange for the acquisition of a property located at 100 E. 4th Street in the amount of $1.00, including a Development Agreement and Minimum Assessment Agreement including a grant of $6,200,000, an annual tax support grant equal to the amount of tax increment collected by the City, and seventy percent tax rebates for fifteen years for each completed phase. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-673. Resolution setting the date of public hearing as December 2, 2024, to approve a request by Maria E. Schnepf to rezone approximately 0.10 acres from "R-4" Multiple Residence District to "R-4, C-Z" Conditional Zoning District to allow for a retail store located at 1122 W. 4th Street, and instruct the City Clerk to publish notice. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-674. Resolution setting the date of public hearing as December 2, 2024 for a real estate purchase agreement with 1515 Sycamore, LLC to purchase the former Rath Administration Building and a vacated portion of Elm Street, and approving a second amendment to the development agreement for the sale and conveyance of Elm Street, located at, as well as adjacent to 1515 Sycamore Street, and instruct City Clerk to publish notice. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-675. Page 4 of 17 Page 13 of 443 Resolution approving electronic submission of the Tax Increment Finance (TIF) reports to the State of Iowa for Fiscal Year 2024. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-676. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2024 Crossroads Waterloo Tax Increment District, and place the certification on file. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-677. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2024 Downtown Waterloo Tax Increment District, and place the certification on file. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-678. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2024 Northeast Industrial Park Waterloo Tax Increment District, and place the certification on file. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-679. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2024 Martin Road Waterloo Tax Increment District, and place the certification on file. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-680. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2024 San Marnan Waterloo Tax Increment District, and place the certification on file. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-681. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2024 Rath Waterloo Tax Increment District, and place the certification on file. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-682. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2024 East Unified Waterloo Tax Increment District, and place the certification on file. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor Page 5 of 17 Page 14 of 443 assigned No. 2024-683. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2024 Schoitz Waterloo Tax Increment District, and place the certification on file. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-684. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2024 University Avenue Waterloo Tax Increment District, and place the certification on file. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-685. Resolution approving award of bid to HM Cragg, of Edina, Minnesota, in the amount of $308,879.69, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2025 Prefabricated Shelter at 1700 Idaho Street, Contract No. 1112, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-686. Resolution approving award of bids for the seasonal farm and hay concessions at the Waterloo Regional Airport, for the 2025 through 2027 farming seasons to McKenzie Halligan, of Parkersburg, Iowa, in the amount of $228.00 per acre for the farming operation; and Brad Feckers, of Shell Rock, Iowa, in the amount of $41.00 per bale, for the hay operation, and authorizing the Airport Director to execute the rental agreements. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-687. Motion to approve Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net decrease of $40,908.38, in conjunction with the FY 2024 Kingsley Avenue Reconstruction, Contract No. 1100, and authorizing the Mayor and City Clerk to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $592,005.17 in conjunction with the FY 2024 Kingsley Avenue Reconstruction, Contract No. 1100, and receive and file a two-year maintenance bond. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-688. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Modern Painting, Inc., of Waterloo, Iowa, in the amount of $15,600.00, in conjunction with the T-Hangar C Exterior Painting, IDOT FY-23 CSVI Project, Contract No. 4606. Page 6 of 17 Page 15 of 443 Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-689. Motion to approve Change Order No. 5 with Cedar Valley Corporation, of Waterloo, Iowa, for a net increase of $59,100.00, in conjunction with the FY 2024 Broadway Street Reconstruction Project, Contract No. 1095, and authorizing the Mayor and City Clerk to execute said document. Motion to approve the appointment of Latoya Hall from the current Civil Service List to the position of Housing Coordinator in the Housing Authority Department, effective November 18, 2024, pending pre -employment physical and drug testing. Lindsey McEnaney, Board/Commission: Main Street Waterloo, Expiration Date: December 31, 2025, [renewal]. Board of Adjustment Regular Meeting Minutes of August 27, 2024, and September 24, 2024. Complete Streets Advisory Committee Minutes of July 30, 2024, and September 24, 2024. Historic Preservation Commission Minutes of July 16, 2024. Planning, Programming, and Zoning Commission Minutes of August 13, 2024, and September 10, 2024. Liquor Licenses a. Courtyard By Marriott, 250 Westfield Avenue, Class C Retail Alcohol w/Outdoor Service/Catering/Sunday Sales (Renewal) Exp: 11/19/2025. b. Kwik Star #380, 506 W. 9th Street, Class B Alcohol w/Sunday Sales (Renewal) Exp: 11/18/2025. c. LJ's Neighborhood Bar and Grill, 3550 Kimball Avenue, Class C Alcohol w/Outdoor Service/Sunday Sales (Renewal) Exp: 10/11/2025. d. Neighborhood Mart, 2102 Lafayette Street, Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/14/2025. e. New Star Liquor, 1625 W. 4th Street, Class E Alcohol w/Sunday Sales (Renewal) Exp: 12/10/2025. f. Peach Cart Co., Inc., 250 Ansborough Avenue, Class C Retail Alcohol w/Sunday Sales (New) Exp: 11/23/2024. g. Prime Mart, 508 Broadway Street, Classd E Alcohol w/Sunday Sales (Renewal) Exp: 09/15/2025. Page 7 of 17 Page 16 of 443 h. Trucker Bar, 1915 Bourland Avenue, Class C Alcohol w/Outdoor Service & Sunday Sales (Renewal) Exp: 12/12/2025. Motion to approve a Cigarette/Tobacco/Nicotine/Vapor Permit Application for King Star, 2035 E. Mitchell Avenue. Motion to approve Application for Theater License for Romantix Adult Emporium, 1507 LaPorte Road. Motion to approve Application for Theater License for Marcus Crossroads Cinema, 2450 Crossroads Boulevard. PUBLIC HEARINGS Demolition and Site Clearance Services, Contract No. D-2024-10-02P. Nichols/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Wilder to close hearing. Voice vote -Ayes: Six. Motion carried. Nichols/Wilder Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-690. Nichols/Wilder to receive, file, and instruct the City Clerk to read bids, and refer them to the Community Planning and Development Director for review. Voice vote -Ayes: Six. Motion carried. Estimate: $400,000.00 Midwest Demolition Contractors, Walford, IA - 5% - $646,220.00 Lehman Trucking & Excavating, Inc., Waterloo, IA - 5°/0 - $516,274.00 Peterson Contractors, Inc., Reinbeck, IA - 5% - $468,000.00 D.W. Zinser Co., Walford, IA - 5% - $339,900.00 Amendment to the Crossroads Waterloo Urban Renewal and Redevelopment Plan, to update Page 8 of 17 Page 17 of 443 projects and project budgets to be included in the Plan, and other general updates to the Plan. Boesen/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. David Deeds, JSA Development, commented on the increase in future spending from these amendments. He further commented on the upcoming move of City Hall to the old Courier building on the east side of the river. He stated that the cost to remodel the interior of the building should not fall on the backs of the downtown property owners through the use of TIF funds, but should be borne by the entire city because it benefits the entire city. He asks that other funding sources be identified to pay for the remodeling and use the 4.5 million dollars of TIF dollars for downtown projects that increase the taxable value. David Dryer, 3145 W. 4th Street, questioned if the TIF areas will continue to be increased with each amendment. Boesen/Creighton-Smith to close hearing and receive and file oral comments. Voice vote -Ayes: Six. Motion carried. Boesen/Creighton-Smith Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 691. Noel Anderson, Community Planning and Development Director, explained that everything that is listed in the Urban Renewal Plans are options that we have in moving forward and every project and expenditure would need to come back through council approval. Concerning the City Hall swap of buildings, the council could, during the budget process, choose to repay those bonds with the debt service levy instead of the downtown TIF. By including it in the Urban Renewal Plan we leave ourselves open with options as to which way we want to move ahead with that as we get closer to the budget. He further explained that everything in the Urban Renewal Plans for projects that we raise the expenditures on is because we anticipate needing to acquire, demolish or do some road construction, so we increase those amounts as potential projects. He shared that there is no action to expand the area of the TIF districts in tonight's actions. Mr. Boesen commented that the reuse of City Hall and the Annex Building will also benefit the downtown area as far as attracting another usage for these buildings. Noel Anderson confirmed. 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. Page 9 of 17 Page 18 of 443 Boesen/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Creighton-Smith to close hearing. Voice vote -Ayes: Six. Motion carried. Boesen/Creighton-Smith Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 692. Amendment to the Martin Road Urban Renewal and Redevelopment Plan, to update projects and proiect budgets to be included in the Plan, and other general updates to the Plan. Boesen/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Creighton-Smith to close hearing. Voice vote -Ayes: Six. Motion carried Boesen/Creighton-Smith Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 693. 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. Boesen/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Creighton-Smith to close hearing. Voice vote -Ayes: Six. Motion carried. Page 10 of 17 Page 19 of 443 Boesen/Creighton-Smith Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 694. 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. Boesen/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Creighton-Smith to close hearing. Voice vote -Ayes: Six. Motion carried. Boesen/Creighton-Smith Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 695. 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. Boesen/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Creighton-Smith to close hearing. Voice vote -Ayes: Six. Motion carried Boesen/Creighton-Smith Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 696. Page 11 of 17 Page 20 of 443 Amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan. Boesen/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Creighton-Smith to close hearing. Voice vote -Ayes: Six. Motion carried Boesen/Creighton-Smith Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 697. Amendment No. 7 to the San Marnan Urban Renewal and Redevelopment Plan, to remove properties from the TIF area. Boesen/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, commented on the plan to remove and add boundaries. David Deeds, 922 Mulberry Street, questioned how long this action would reset this TIF district. Noel Anderson, Community Planning and Development Director, commented that it would add a twenty-year timeframe to the TIF district for those properties. Boesen/Creighton-Smith to close the hearing and receive and file oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Six. Motion carried. Boesen/Creighton-Smith Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 698. Boesen/Creighton-Smith Page 12 of 17 Page 21 of 443 to receive, file, consider and pass for the first time an ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Roll Call vote -Ayes: Six. Motion carried. Boesen/Creighton-Smith to suspend the rules. Roll Call vote -Ayes: Six. Motion carried. Boesen/Creighton-Smith to consider and pass for the second and third times and adopt the ordinance. Roll Call vote - Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5777. 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. Boesen/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Creighton-Smith to close hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Six. Motion carried. Boesen/Creighton-Smith Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment. Roll Call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024- 699. Boesen/Creighton-Smith to receive, file, consider and pass for the first time an ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Roll Call vote -Ayes: Six. Motion carried. Boesen/Creighton-Smith Page 13 of 17 Page 22 of 443 to suspend the rules. Roll Call vote -Ayes: Six. Motion carried. Boesen/Creighton-Smith to consider and pass for the second and third times and adopt the ordinance. Roll Call vote - Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5778. RESOLUTIONS Resolution of the City of Waterloo, Iowa, authorizing official banking signatures. Chiles/Boesen Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-700. Resolution approving Amendment No. 2 to the Professional Services Agreement with INVISION Architecture, LLC, of Waterloo, Iowa, originally executed on June 20, 2022, in the amount of $1,830.00, in conjunction with the FY 2024 Byrnes Aquatic Center Project, and authorizing the Mayor to execute said document. Chiles/Boesen Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-701. Resolution approving a Professional Service Agreement with AECOM of Waterloo, Iowa, in the amount of $24,700.00, in conjunction with the Commercial Street Skywalk Repair Project, and authorizing the Mayor and City Clerk to execute said document. Chiles/Boesen David Dryer, 3145 W. 4th Street, questioned the progress to date and who would be paying for this. Michelle Sweeney, AECOM Technical Services, shared that site visits and designs have already begun. This incident is considered an emergency due to the damage caused, and the road remains closed as a precaution because of safety concerns. Mr. Boesen questioned if structural engineers had looked into the damage. Michelle Sweeney confirmed. Mr. Boesen commented that the same thing happened one block over and asked if there was any opportunity to merge the two projects to try to save some money. Michelle Sweeney explained that they have already asked for that, but the decision to do so would be between the county and the city. Mr. Simon questioned if we know for sure that this is going through insurance and not coming out of the city's coffers. Michelle Sweeney confirmed that it will be filed through the driver's insurance company. Page 14 of 17 Page 23 of 443 Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-702. Resolution approving a Professional Service Agreement with HDR Engineering Inc., in an amount not to exceed $7,705.00, to complete traffic studies, and authorizing the Mayor to execute said document. Nichols/Wilder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-703. Resolution approving a Professional Service Agreement with AECOM of Waterloo, Iowa, in the amount of $99,300.00, in conjunction with the Sanitary Sewer Improvements FY 2025 CIPP Phase V Project, and authorizing the Mayor to execute said document. Nichols/Wilder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-704. Resolution approving an agreement with MidAmerican Energy Company, of Des Moines, Iowa, in the estimated amount of $148,640.03, in conjunction with the gas main extension to service W.A.R.P. 4th Addition, and authorizing the Mayor to execute said document. Nichols/Wilder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-705. Resolution approving an agreement with MidAmerican Energy Company, of Des Moines, Iowa, in the amount of $358,857.04, in conjunction with furnishing electric service to W.A.R.P. 4th Addition, and authorizing the Mayor to execute said document. Boesen/Chiles Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-706. Resolution approving an agreement with MidAmerican Energy Company, of Des Moines, Iowa, in the amount of $40,011.18, for the installation of streetlights for W.A.R.P. 4th Addition, and authorizing the Mayor to execute said document. Boesen/Chiles Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-707. Resolution approving a Development and Minimum Assessment Agreement with Dhani Re Water, LLC, for renovation of an existing commercial building into no less than twenty-six residential units with a $5,000.00 infill housing incentive per unit, totaling $130,000.00, and a $290,000.00 grant, totaling $420,000.00, and a minimum assessed value of $2,400,000.00, with rebates of ninety percent for years one through five, seventy percent for years six through ten and fifty percent for years eleven through fifteen, located at 722 Water Street, in the Downtown TIF District, and authorizing the Mayor and City Clerk to execute said document. Boesen/Chiles Page 15 of 17 Page 24 of 443 Mr. Chiles questioned the current assessed value of the property. Noel Anderson, Community Planning and Development Director, commented that it is approximately $750,000.00. He provided a brief overview of the redevelopment plan for 26 housing units and a small commercial space in the middle. Mr. Simon questioned if there were any parking concerns. Noel Anderson explained there are over fifty stalls. Ms. Creighton -Smith questioned if there were any businesses there and if any agreements that might have been in place. Noel Anderson confirmed there were businesses there and explained that the businesses have been gone for a couple of years. Mr. Boesen questioned if the project would proceed if the developer is unable to get historic tax credits. Noel Anderson stated that they are counting on the historic tax credits to come through in order to move forward with the project. Mr. Boesen commented that he would like to see us take a hard look at our incentives. Mayor Hart commented that they need those credits, and it is important that we let the state and federal agencies know that we need the support for this project to renovate and reuse this building. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-708. Resolution approving a Development Agreement with Waterloo Crossroads Development, LLC, for the acquisition, demolition, and redevelopment of the Crossroads Mall area, with over $20 million in improvements planned for the redevelopment of the site, and authorizing the Mayor and City Clerk to execute said documents. Chiles/Wilder Terry Lutz and Michael Goll, McClure Engineering Company, provided a slide presentation introducing their firm and their redevelopment plans for the Crossroads Mall area. Mr. Nichols questioned if there would be community input sessions to get additional ideas on redevelopment of the site. Terry Lutz commented that they would welcome an opportunity to hear input from the community. Ms. Creighton -Smith commented on how important it is to revitalize this space. Page 16 of 17 Page 25 of 443 Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-709. Resolution declaring a moratorium on the issuance of a special permit or variance for hobby farms in the City of Waterloo, Black Hawk County, Iowa. Boesen/Chiles Mr. Boesen shared that he is the council liaison for Planning and Zoning and attends all the Board of Adjustment meetings, and we have issues with urban animal hobby farms and would appreciate us tightening up the ordinance. He explained that he would like to include input from Black Hawk County Health Department, the Humane Society, Code Enforcement, possibly the Iowa State Extension Service and someone from Planning and Zoning and the Board of Adjustments. He commented that he would like to get moving on this as soon as possible to try to limit this to a 6-month moratorium. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-710. ORDINANCES An ordinance amending the city of Waterloo Traffic code by repealing Section 4 of Section 582, Truck Traffic Prohibited on Certain Streets, and enacting in Lieu thereof a new section 4, of Section 582 Truck Traffic Prohibited on Certain Streets. Chiles/Wilder to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 4, of Section 582, entitled, "Truck Traffic Prohibited on Certain Streets", and enacting in lieu thereof a new Section 4, of Section 582, Truck Traffic Prohibited on Certain Streets. Roll Call vote -Ayes: Six. Motion carried. Chiles/Wilder to suspend the rules. Roll Call vote -Ayes: Six. Motion carried. Chiles/Wilder to receive, file, consider, and pass for the second and third times and adopt said ordinance. Roll Call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5779. ADJOURNMENT Boesen/Wilder that the council adjourn at 6:55 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 17 of 17 Page 26 of 443 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 December 2, 2024 AGENDA ITEM TITLE Resolution approving the request by Brooke Eighmey, for tax exemptions on the construction of a new single family home valued at $515,000.00, for property located at 1346 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 3 Audubon Heights 7th Addition Page 27 of 443 ATTACHMENTS 1. 1346 Partridge Ln CLURA Form 2. 1346 Partridge Ln CLURA Map Page 28 of 443 Date Received: J Received by: Staff to make copy CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS AND DAYCARE CENTER IMPROVEMENTS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the Is' working day of February following the year when the improvements are completed to comply with the timeline of the State Code of lowa, Section 404.4 unnumbered paragraph 2. However; a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Daycare facilities may need a development agreement with the City. Please contact the Waterloo Planning and Zoning Department for more infonnation. Please fill out the following infonnation for your application to be submitted to the City Council. NAME: �� i ► I lip SIGNATURE: '/�` {� y�r� ADDRESS: 1 f e t I �Ivu1" EMAIL: + �' ' E ilp�,I\ V V. CU I' r TELEPHONE:4 1 L DATE: y� 1�p/111(�yy,/L�,0 �LI �^ /�-}(�/� j� A. What is the Address of the property being improved? 1 { hI1 >< I V r t/ tV V.. (A/l ( wow 1 "-' ' O " What is the Legal Description of the property? (May be available at County Recorder's Office on 2na floor of the Courthouse) (,0-- 20 f MA VI \Mr 0C/irj ln'- liA/) 46rel. 4it (AC) B. Indicate desired exemption schedule: (1 or 2) 1. %t. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% b. Second Year 70% c. Third Year 60% d. Fourth Year 50% e. Fifth Year 40% f. Sixth Year 40% g. Seventh Year 30% h. Eighth Year 30% i. Ninth Year 20% j. Tenth Year 20% Note: Residentially assessed properties receiving the CLURA lax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July 1, 2024. C. What was the nature of the improvements j( "I--�a1 �W �Q S f�In?�/141"{M 't r� D. What was the cost of the new constriction? 1 t 0 0 0 E. Estimated or actual date of completion of this new construction? It I 2-! a l_ ! LI Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this line — Office Use Only F. City of Waterloo Building andInspectionsDepartment Information; Permit Number: fj}4 _(gi;=)`{ % Date permit was issued: Total permit(s) valuation: a I T 3 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 29 of 443 PARTRIDGE LN GOLDCRESTiCT Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein. either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats. surveys. recorded deeds. etc. located at the Black Hawk County Assessor's Office for complete and accurate information. 1346 Partridge Ln Page 3 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Resolution approving the request of Hasib Rekic for a waiver for a concrete driveway, located at 918 Roosevelt Street, with the elimination of the sidewalk section due to inability to meet grade requirements. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway at 918 Roosevelt Street. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 31 of 443 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 918 Roosevelt St Page 32 of 443 WAIVER Date: /i" ^/ Honorable Mayor and City Council City Hail Waterloo, IA 50703 Council Persons: l hereby request a waiver to the dri eway and sidewalk specifications for the construction of a Ca�c��J driveway or sidewalk located at caror asphalt) c5e e l (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section clue to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: 1 agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. S. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. (Please make payment to: City of Waterloo.) Respectfully submitted, Printed Name of Property Owner / �`_ Signature of Property Owner Page 33 of 443 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Resolution approving the request of Brad Stroh, for a waiver for a concrete driveway, located at 709 Dearborn Avenue, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street and for culvert placement by property, at property owner expense, if required for future ditch work. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.AII work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 34 of 443 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. DW Waiver 709 Dearborn Ave Page 35 of 443 WAIVER Date: III 131 Z.o1W Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a Con [ re.}4 driveway or sidewalk located at (concrete or asphalt) 70 9 Dea►rbarri Ave. (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. X placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: l agree to the following. 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter Is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only, Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, A. �lrvA (Please make payment to: City of Waterloo.) Printed Name of Property Owner S atu e o raperty Owner Page 36 of 443 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 , by and between Iowa Heartland Habitat for Humanity ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City owns real property at 408 Vermont Street, Waterloo, Iowa (the "Property"), which is legally described as set forth on Exhibit "A" attached hereto. Company desires to undertake a project on the Property. B. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters 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. Page 37 of 443 2. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Subject to Section 6.B and 6.C, Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. At its own cost Company shall renovate the existing structure to create a single-family dwelling to a finished state, including sidewalk, garage and driveway, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; 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 Property 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 by June 30, 2027 (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may Page 38 of 443 terminate this Agreement as set forth in Section 13, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 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 or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property 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 Property free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within 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 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 Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. Page 39 of 443 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. 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 and has obtain final inspection on all permits obtained for the Project. B. Asbestos Abatement. City shall pay Company a grant of up to $16,885.00 to cover the actual costs that Company will incur to remove and mitigate any asbestos present on the Property, payable within thirty (30) days after Company provides proof of payment. C. Demolition. Before conveyance of the Property, City shall demolish the front porch and remove all debris from the Property. 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 the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 8. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. Page 40 of 443 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. 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 Page 41 of 443 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 Property, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part Page 42 of 443 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. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property 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. 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 Page 43 of 443 and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after 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 Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any Page 44 of 443 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 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 Page 45 of 443 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. CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: By: Quentin Hart, Mayor Ali Parrish, Executive Director Attest: Kelley Felchle, City Clerk Page 46 of 443 EXHIBIT "A" Property Description Lot 5 in Block 13 in Whitney & Sedgwick's Addition to the City of Waterloo, Iowa. Page 47 of 443 Note: Base map data source is Black Hawk County. This map does not represent a survey. no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assesses, or their employees. The City of Waterloo makes no warranty, express or Implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats. surveys, recorded deeds. et, located at the Black Hawk County Assessor's Office for complete and accurate information. 408 Vermont St Pa 48 of'1'13 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 December 2, 2024 AGENDA ITEM TITLE Resolution approving award of bid to D.W. Zinser Company, Inc., of Walford, Iowa, in the amount of $339,900.00, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D-2024-10-02P, for properties located at 2127 E. 4th Street (the former Saint Mary's Church and School) and 123 E. Parker Street (the former Saint Mary's Villa), and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The properties in question were acquired through 657a action, and have been tested and abated for asbestos, and are now ready to be demolished. NEIGHBORHOOD IMPACT The demolition activity will have a positive impact on the neighborhood by removing blighted and abandoned buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES $339,900. Source of funds: HUD funds, and TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 49 of 443 ATTACHMENTS 1. Demolition Contract D-2024-10-02P 2. Demolition RFB Contract D-2024-10-02P 3. Exhibit D Demolition Site Plan 4. DAVIS BACON WAGES - ST MARY DEMO 5. Bid Tabulation Page 50 of 443 CONTRACT D-2024-10-02P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] - 2127 E 4th Street and 123 E Parker Street This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of December 2, 2024 by and between the City of Waterloo, Iowa ("City") and D.W. Zinser Co., Inc. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of December 2, 2024 thru May 30, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $339,900 as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. Page 51 of 443 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the Contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contact, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this Contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 2 of 14 Page 52 of 443 a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`h St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 3 of 14 Page 53 of 443 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. This Contract is also subject to the following additional Contract requirements: Certifications: By execution of this Agreement, the Contractor certifies that all contractors, subcontractors, and/or eligible suppliers to be used on the Project are eligible to participate in the federal Community Development Block Grant Program, and that they are not on any debarred, suspended, or ineligible list. Domestic Preference for Procurement As appropriate and to the extent consistent with law, the non-federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The requirements of this section must be included in all sub awards including all contracts and purchase orders for work or products under this award. PERSONNEL AND PARTICIPANT CONDITIONS Civil Rights Compliance The Contractor agrees to comply with Chapter 216 (State Civil Rights) of the Iowa Code and with Title VI of the Civil Rights Act of 1962 as amended Title VIII of the Civil Rights act of 1968 as amended, Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Order 11375, 11478,12107,and 12086. Nondiscrimination The Contractor agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations and executive orders reference in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`h St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 4 of 14 Page 54 of 443 Section 504 The Contractor agrees to comply with all Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973. (29 U.S.C. 794) which prohibits discrimination against individuals with disabilities or handicaps in a federally assisted program. The Contractor confirms that no otherwise qualified individual with handicaps shall, solely by reason of his/her handicap, be excused from participation in, be denied benefits of or be subjected to discrimination. This does include, but is not limited to, housing, employment and the delivery of services and programs. Affirmative Action Affirmative Action Plan The Contractor agrees that it shall be committed to carry out affirmative action marketing in keeping with the principles as provided in Presidents Executive Order 11246 of September 24, 1966. No person shall be excluded from or denied benefits of the Contractors service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however be in need of the programs provided by the Contractor. The Contractor shall comply with requirements set forth in 24 CFR 570.601. Women and Minority Owned Business Based (WBE/MBE) The Contractor will use its best efforts to afford small businesses, minority business enterprises and women's business enterprises the maximum practicable opportunity to participate in the performance of the Agreement. As used in this contract , the terms small business means a business that meets the criteria set forth in section 3(a) of the Small Business Act , as amended (15 U.S.C. 632) and minority and women's business enterprise means a business at least 51 % owned and controlled by a minority group or women. Equal Opportunity and Affirmative Action Statement The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that it is an Equal Opportunity or Affirmative Action employer. Subcontract Provisions The Contractor will include the provisions of Civil Rights and Affirmative Action in every sub contract, so that such provisions will be binding upon each of its own sub -contractors. Employment Restrictions Prohibited Activity The Contractor is prohibited from using funds proved herein or personnel employed in the administration of the program for political activities; inherently religious activities; lobbying; political patronage or nepotism activities. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`h St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 5 of 14 Page 55 of 443 Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Contractor agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR 5. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. The Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation, or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. Section 3 Clause Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided under this contract and binding upon the City, the Contractor and any of the Contractors subcontractors. Failure to fulfill these requirements shall subject the City, the Contractor, and any of the Contractor's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Contractor certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Contractor further agrees to comply with these Section 3 requirements and to include the following language in all subcontracts executed under this Agreement: The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located. The Contractor further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4' St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 6 of 14 Page 56 of 443 where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Contractor certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. See Attachment 1 for full Section 3 Contract Requirements. Subcontracts The Contractor will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the City. The Contractor will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Conduct Assignability The Contractor shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Hatch Act The Contractor agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. Conflict of Interest The Contractor agrees to abide by the provisions of 2 CFR 200 and 570.611, which include (but are not limited to) the following: The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by Federal funds. No employee, officer, or agent of the Contractor shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`h St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 7 of 14 Page 57 of 443 No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Contractor, or any designated public agency. Lobbying The Contractor hereby certifies that: No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise therefrom. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with review, approval, or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement, while in office and for one year after holding the position. No federal funds appropriated under this Agreement shall be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence a member of Congress an officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract , loan, grant or Agreement Copyright If this agreement results in any copyrightable material or inventions, the City reserves the right to royalty- free, nonexclusive and irrevocable license to reproduce, publish, or other wise use and to authorize others to use, the work or materials for governmental purposes. Religious Activities The Contractor agrees that funds provided under this Agreement will not utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction or proselytization. ENVIRONMENTAL CONDITIONS Air and Water The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: Clean Air Act, 42 U.S.C., 7401, et seq.; DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`h St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 8 of 14 Page 58 of 443 Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR 50, as amended. Lead -Based Paint The Contractor shall comply with requirements of the Federal regulations concerning the Lead -Based Paint Poisoning Prevention Act and HUD regulations there under: Department of Housing and Urban Development (24 CFR Part 35) Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance, and Environmental Protection Agency (40 CFR Part 745) Lead; Requirements for Hazard Education before Renovation of Target Housing. Historic Preservation The Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. Failure to complete Historic Preservation Review prior to any choice limiting actions on the project will result in the project being ineligible for reimbursement. Environmental Review The Contractor shall comply with all applicable environmental review requirements of HUD. The City shall prepare and submit the environmental review. Upon completion of the review the Contractor will be notified when the project may proceed. Failure to complete an Environmental Review prior to any choice limiting actions on the project will result in the project being ineligible for reimbursement. SEVERABILITY If one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable, the provisions of this Agreement shall be deemed severable and the remainder of the Agreement shall remain in full force and effect. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP The City shall not be liable to the Contractor, or to any party, for completion of or failure to complete any improvements which are part of the Project. Nothing contained in this Agreement, nor any act or omission of the City or the Contractor, shall be construed to create any special duty, relationship, third - party beneficiary, respondent superior, limited or general partnership, joint venture, or any association by reason of the Contractor involvement with the City. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`h St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 9 of 14 Page 59 of 443 RESPONSIBILITY FOR PROGRAM REGULATIONS The Contractor is responsible for all regulations contained in 24 CFR Part 570 as it may be amended from time to time. The City shall attempt to forward copies of the updated regulations as they become available, however, the Contractor shall be ultimately responsible for securing said updates. Build America, Buy America Act The Contractor shall comply with the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub.L 177-58. In general this states that all products must meet BABA requirements. The Contractor shall include Manufacturer's Certification for BABAA requirements with all applicable submittals. If a specific manufacture is used in the bidding, a statement that the manufacturer will comply with BABAA must be included in the bid submission. Installation of materials or products that are not compliant with BABAA requirements shall be considered defective work. Contractor should ensure that all materials has an approved Manufacturer's Certification or waiver prior to items being delivered to the project site. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA D.W. ZINSER COMPANY, INC By: Quentin Hart, Mayor Brent Tegels Attest: Kelley Felchle, City Clerk DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`h St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 10 of 14 Page 60 of 443 ATTACHMENT 1 SECTION 3 CONTRACT REQUIREMENTS [24 CFR 75] (24 CFR 75 is applicable to HUD -funded projects awarded ON or AFTER to November 30, 2020) 1. Section 3 of the Housing and Urban Development Act of 1968: The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the U.S. Department of Housing and Urban Development (HUD) assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. Contractor Certification of Compliance: The parties to this contract agree to comply with HUD's regulations in 24 CFR 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the 24 CFR 75 regulations. 3. Contract Language Requirement: The contractor agrees to include this Section 3 Contract Requirements clause in every sub -contract subject to compliance with regulations in 24 CFR 75, and agrees to take appropriate action, as provided in an applicable provision of the sub -contractor in this Section 3 Contract Requirements clause, upon a finding that the sub -contractor is in violation of the regulations in 24 CFR 75. The contractor will not sub -contract with any subcontractor where the contractor has notice or knowledge that the sub -contractor has been found in violation of the regulations in 24 CFR 75. 4. Contracting Requirements: To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, the CDBG Grantee and contractors and sub -contractors for the CDBG project shall ensure contracts and sub -contracts for work awarded in connection with the project are awarded to business concerns that provide economic opportunities to Section 3 Workers; and where feasible in the following order of priority: (1) Section 3 Business concerns that provide economic opportunities to Section 3 Workers residing within the metropolitan area (or nonmetropolitan county) in which the HUD funded assistance is provided/in which the HUD funded/CDBG project is occurring; and (2) YouthBuild programs. 5. Employment and Training Requirements: To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, the CDBG Grantee and contractors and sub- contractors for the CDBG project shall ensure employment and training opportunities generated in connection with the project are filled by Section 3 Workers; and where feasible, in the following order of priority: (1) low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the CDBG assistance is expended (i.e., in which the CDBG project is occurring); and (2) participants in YouthBuild programs. 6. Section 3 Definitions [24 CRF 751: Definitions for Section 3 terms per 24 CFR 75 are as follows: Section 3 Worker: An employee who currently fits (if hired more than five (5) years before starting work on the CDBG project), or fit at the time of hire (if hired within five (5) years of starting work on the CDBG project), at least one (1) of the following categories: (1) is employed by a Section 3 Business concern; or (2) is a low- or very low-income resident (i.e., a local person living within the Section 3 service area as defined in 24 CFR 75.5, with an individual annualized income at the time of hire (if hired within five (5) years of starting work on the CDBG project), or currently as of date of starting work on the project (if hired more than five (5) years before starting work on the CDBG project) that was/is at or below the low income (80%) threshold established by HUD for a Family of 1 for the county in which the person lives) [Note: The HUD income threshold must be from the HUD Income Limits for the CDBG program that are in effect at the time of hire (if hired within five (5) DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4' St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 11 of 14 Page 61 of 443 years of starting work on the CDBG project), or currently in effect as of the date the worker started work on the CDBG project (if hired more than five (5) years prior to starting work on the CDBG project). The HUD Income Limits are updated annually, typically in March or April.]; or (3) is a YouthBuild participant. Targeted Section 3 Worker: An employee who is employed by a Section 3 Business concern; or who currently fits (or when hired fit) at least one (1) of the following categories as documented within the past five (5) years: (1) lives/lived within the Section 3 service area or the neighborhood of the CDBG project as defined in 24 CFR 75.5; or (2) is a YouthBuild participant. Section 3 Business concern: A business that fits at least one (1) of the following categories: (1) 51% or more owned by low- or very low-income persons; or (2) 75% or more of the labor hours are performed by low- or very low-income persons; or (3) 51% or more owned by current residents of public housing or Section 8-assisted housing. Section 3 Service Area: An area within one (1) mile of the CDBG project's location (i.e., street address); or an area within a circle centered around the CDBG project site that encompasses 5,000 people [if less than 5,000 people live within a one (1) mile radius of the CDBG project site]. 7. Reporting Labor Hours: CDBG Grantee and contractors and sub -contractors for the CDBG project shall report all worker (see exception on next page)* labor hours on the project as follows: (1) the total number of labor hours worked; (2) the total number of labor hours worked by Section 3 Workers; and (3) the total number of labor hours worked by Targeted Section 3 Workers. The labor hours reported shall include the total number of labor hours worked on the financially assisted project by workers employed by the CDBG Grantee, and employed by their contractors and sub -contractors, during the reporting period specified by HUD and the State CDBG Program. The labor hours reported may be based on the employer's good faith assessment of the labor hours of a full-time or part-time employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting. [Note: Construction contractors required to maintain certified payroll records to meet federal labor standards requirements shall report actual work hours as reported on the certified payroll records.] *Exception for positions that require an advanced degree or professional certification: Reporting of hours for positions requiring an advanced degree or professional certification is not required, but the hours may be reported to demonstrate Section 3 "best efforts". The CDBG Grantee, contractors and sub -contractors may report the labor hours by Section 3 Workers and Targeted Section 3 Workers without including labor hours from employees in positions requiring an advanced degree or professional certification in the total number of labor hours worked, but if the contract covers both work requiring an advanced degree or professional certification and other work, the labor hours for the other work under the contract that are not from employees in positions requiring an advanced degree or professional certification must still be reported. 8. Section 3 Benchmarks: The HUD Section 3 Final Rule (24 CFR 75) establishes "safe harbor" benchmarks that are quantitative benchmarks and prioritized qualitative efforts that funding recipients must complete to assist low- and very low-income persons with employment and training opportunities: (1) 25% or more of all labor hours worked must be worked by Section 3 Workers; and (2) 5% or more of all labor hours worked must be worked by Targeted Section 3 Workers. If the "safe harbor" benchmarks are not met over the course of the project, then the CDBG Grantee and contractors and sub -contractors for the CDBG project shall provide evidence of completing qualitative efforts to assist low- and very low-income persons with employment and training opportunities. Supporting documentation of these completed efforts must also be maintained in the CDBG Grantee's and contractors' CDBG project files, to be made available upon request for monitoring purposes. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`h St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 12 of 14 Page 62 of 443 9. Demonstrating Best Efforts: When the Section 3 benchmarks are not met, the CDBG Grantee and contractors and sub -contractors for the CDBG project shall demonstrate and report qualitative efforts made in an attempt to meet the benchmarks, which may include but are not limited to the following: (1) Engage in outreach efforts to generate job applicants who are Targeted Section 3 Workers. (2) Provide training or apprenticeship opportunities. (3) Provide technical assistance to help Section 3 Workers compete for jobs (e.g., resume assistance, coaching). (4) Provide or connect Section 3 Workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services. (5) Hold one or more job fairs. (6) Provide or refer Section 3 Workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provide assistance to Section 3 Workers to apply for/or attend community college, a four-year educational institution, or vocational/technical training. (8) Assist Section 3 Workers to obtain financial literacy training and/or coaching. (9) Engage in outreach efforts to identify and secure bids from Section 3 Business concerns. (10) Provide technical assistance to help Section 3 Business concerns understand and bid on contracts. (11) Divide contracts into smaller jobs to facilitate participation by Section 3 Business concerns. (12) Provide bonding assistance, guaranties, or other efforts to support viable bids from Section 3 Business concerns. (13) Promote use of business registries designed to create opportunities for disadvantaged and small businesses. (14) Conduct outreach, engagement, or referrals with the state one -stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. 10. Recordkeeping & Reporting: The CDBG Grantee and contractors and sub -contractors for the CDBG project shall maintain all records demonstrating compliance with 24 CFR 75, including contracting information and documents, worker income certifications (for Section 3 Worker status determinations), and worker labor hours on CDBG project; and provide data and reporting documents as requested and required by the State CDBG Program and/or HUD. Grantee and contractor records may be monitored for compliance by the State CDBG Program and/or HUD. 11. Non -Compliance: Non-compliance with HUD's regulations in 24 CFR 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 12. Indian Housing Assistance Project Specifications: With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible: (i) preference and opportunities for training and employment shall be given to Indians; and (ii) preference in the award of contracts and sub -contracts shall be given to Indian organizations and Indian -Owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). ** This language is required to be included in contracts and sub -contracts for a HUD funded project that are funded in whole or in part with the federal dollars, and the CDBG/HUD Funded Award to the Grantee is greater than $200,000 and awarded 11/30/2020 or later, and the CDBG/HUD Funded Project includes construction (including building/structural rehabilitation) and/or demolition activities. CDBG projects awarded on or after 11/30/2020, for which the CDBG/HUD funded Award is less than $200,000 and/or for which Planning, Public Services, or Financial Assistance (e.g., loans for economic development) are the only activities, with no construction and no demolition in the project scope of work, are not subject to these Section 3 requirements and reporting. Insertion of this Section 3 DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4t' St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 13 of 14 Page 63 of 443 Clause is strongly recommended to be included in ALL contracts and sub -contracts for a HUD funded project that is subject to Section 3 requirements, regardless of the funding source for the specific contract, to help avoid issues with compliance and reporting later in the project cycle if the funding source changes. All subcontractors of a prime contractor that is funded in whole or in part with CDBG/HUD funding are subject to the same Section 3 requirements as the prime contractor. DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`h St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 14 of 14 Page 64 of 443 CITY OF WATERLOO, IOWA OF w4 7, 4. ,,A Aoa ah..... -71 O ,, 4.,.. • 0 . .. • 11 1 1 1 0 7b►1 Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos -containing materials (no RACM)] October 2024 RFB Demolition and Site Clearance Services Contract D-2024-10-02P 2127 E 4th St — St. Mary's Church and School and 123 E Parker St — St. Mary's Villa City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 65 of 443 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the (Non-RACM) demolition, removal, disposal and site clearance of 2127 E 4th Street (the former Saint Mary's Church and School) and 123 E Parker Street (the former Saint Mary's Villa). 1.1 All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday, November 7, 2024, at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. RFB Timeline Name of the Bid: Demolition and Site Clearance Services (Non-RACM) Demolition Contract D-2024-10-02P Notice of RFB Date: October 10, 2024 Mandatory Walk Thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: E-mail Address: Phone: There will be a mandatory walk through on Wednesday, October 30, 2024, at 1:00 p.m. Bidders that do not have a representative in attendance at this walk through are NOT eligible to bid on this contract. See Section 4.2 for additional details. Thursday, November 7, 2024, at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (NO-RACM) DEMOLITION CONTRACT D-2024- 10-02P. City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) aric.schroeder c(�waterloo-ia.orq Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa) Page 2 of 37 Page 66 of 443 bid for a period not to exceed ninety (90) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday, November 7, 2024, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Cannel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the Contract is anticipated to be at the City Council meeting on Monday, December 2, 2024. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on Monday, November 18, 2024, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested 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 at the hearing. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of ninety (90) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa) Page 3 of 37 Page 67 of 443 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty -day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the Contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of the Contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa) Page 4 of 37 Page 68 of 443 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for six (6) months, anticipated to be from December 2, 2024 to May 30, 2025. 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. City's Project Manager may administratively approve up to four (4) one (1) week time period renewals. Further renewals will require approval of the City Council as an amendment to the Contract. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa) Page 5 of 37 Page 69 of 443 any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services (no- RACM) for: 2127 E 4th St (the former St. Mary's Church and School) and 123 E Parker St (the former St. Mary's Villa). RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa) Page 6 of 37 Page 70 of 443 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the Contract. This Contract includes two properties, 2127 E 4th Street and 123 E Parker Street. The properties abut each other and are a former commercial business (St. Mary's Church and School and St. Mary's Villa). Please note: the properties have been abated for asbestos containing material (ACM). 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. 4.3 A mandatory walk through will be required on Wednesday, October 30, 2024, at 1:00 p.m. Bidders that do not have a representative in attendance at this walk through are NOT eligible to bid on this Contract. The properties are in very poor condition, including some areas with sizable holes in the floor. The Planning Department is not in possession of a key for the properties, but they are accessible. They are partially boarded up and may require a cordless drill with various bits to remove boards to provide access. If you inspect the properties outside of the mandatory walk through, please re -install any boards you remove to attempt to maintain security. Use caution when entering the properties. Enter at your own risk. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators' judgment of how well the bid addresses the City's requirements. Each prospective company is assured RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa) Page 7 of 37 Page 71 of 443 that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-02P: 2127 E 4"' St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa) Page 8 of 37 Page 72 of 443 accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least one (1) week prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2024-10-02P: 2127 E 4"' St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa) Page 9 of 37 Page 73 of 443 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the sites are, not to exceed: 2127 E 4th Street $ 123 E Parker Street $ Total $ Total in written form: The correct summation of the actual bid tabulation figures will supersede the listed total, Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the Contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid Page 74 of 443 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES — (NO-RACM) DEMOTION CONTRACT D-2024-10-02P 2127 E 4th Street and 123 E Parker Street PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees except those specifically noted, structures, cement slabs, driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences, wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury -containing materials including fluorescent, high-pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB -containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, backfilling, grading, restoration and erosion control. H. Remove and replace sidewalk and paving as required. I. Complete the demolition work in accordance with the plans and these technical specifications. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4' St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 11 of 37 Page 75 of 443 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street or Sidewalk Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to submit a traffic control plan to the appropriate City authority 48 hours in advance of any lane or road closures indicating the area of closure and the signs and traffic control devises to be used to set up the closure. Adequate barricades and warning signs will be placed as required by the City. 2. If sidewalks are to be closed during demolition, submit a sidewalk closure plan that meets the ADA requirements to the Waterloo Engineering Department 48 hours prior to the scheduled closure. Contractor shall install necessary signing and barricades according to the approved closure plan. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public. The fencing shall be located in an area approved by the City. Such fence shall be at least six feet high, consistently restrictive from top to grade, and without horizontal or vertical openings wider than four inches. The fence shall be of chain link material or similar material approved by the City. The fence shall be erected before demolition and shall not be removed until all buildings and hazards are removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open -bodied trucks transporting materials likely to give rise to airborne dusts. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 12 of 37 Page 76 of 443 F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires/Explosives: No fires of any kinds will be permitted in the demolition work area. No explosives of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below -ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 13 of 37 Page 77 of 443 solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the Contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and Contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. The Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. The Contractor shall obtain a sidewalk repair permit issued by the City of Waterloo Engineering Department, which fee will be waived. The Contractor shall obtain all necessary work in right-of-way permits. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 14 of 37 Page 78 of 443 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of any septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in Part 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract after being notified by the City with a Notice to proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS A. General Salvaging The Contractor shall be allowed to salvage materials from this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third -party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa, its officers and employees, shall be named as RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 15 of 37 Page 79 of 443 additional insured on the third -party salvager's general liability insurance policies and certificates of insurance B. Contractor to Maintain a Brick Pile for the Public The Contractor shall, once demolition activities allow for it, maintain a supply of bricks from the building demolition for the Church/School building in the general location as shown in the attached site plan (Exhibit "D"), or in an alternative location approved by the City. Said brick pile shall be outside of the fenced construction site and said bricks will be available to the public free of charge. The Contractor shall not be responsible to do any sort of cleaning or sorting of the brick, and shall not be required to restock the pile more than twice per day on any day that demolition activity is occurring. 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. All basement areas and below grade excavation areas are to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re -excavation of the areas at the Contractor's expense. The City cannot provide verification regarding the area of the basements, but the Black Hawk County Assessor's detailed reports do provide indication for presence of basements and approximate areas. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump -sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails, bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a Contract parcel and RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 16 of 37 Page 80 of 443 an improved non -Contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen (except as otherwise specifically noted or as directed by the City's Representative). The Contractor shall protect any trees on adjacent property from damage by the demolition operation, and those on the Contract properties specifically noted to remain/protect. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas -free when checked with a "Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 17 of 37 Page 81 of 443 The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under the Contract. C. Tires, Household Hazardous Waste, White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste) will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for entire project. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: The structures have been tested and abated for asbestos containing materials (ACM). Contractor shall notify the City's Representative if asbestos is discovered in the demolition process. No further work will be allowed until the asbestos has been removed by a licensed contractor. F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 18 of 37 Page 82 of 443 material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil or sand shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. Before execution of the Contract, the Contractor shall provide details on what borrow site or sites the Contractor will use to obtain fill material. Fill material must be tested by the City's third party soil testing contractor. Contractor shall place a maximum of 8" lifts (layers) between compaction, and there shall be a minimum of 3 tests by the third party soil testing contractor per lift. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. All backfill shall be adequately compacted so as to minimize soil settling. The Contractor shall compact all backfilled areas to a minimum of 95% compaction. This will include sampling and testing of the proposed backfill material by the City's third party soil testing contractor before it is placed and compacted, and sampling and testing during and after completion of compaction. Contractor will ensure City's third party soil contractor is present and tests compacted material for each lift (layer) separately compacted. Contractor is responsible for communicating with the City's third party soil testing contractor, and shall not bring fill material to the site that has not been tested, and shall not place additional lifts (layers) of fill material over lifts that have not been tested. Failure of the site to pass minimum compaction requirements could require that the material be re -excavated and/or re -compacted. C. Additional Fill Material: There is some stockpiled fill material on the site, which the Contractor will be allowed to utilize to backfill the site. City's third party soil testing contractor must test this material before the Contractor can use it. All additional fill material shall be of similar quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 19 of 37 Page 83 of 443 F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer, and straw mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including, but not limited to, water, sewer, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. See attached Exhibit "D" for known sanitary sewer service disconnects required. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. See attached Exhibit "D" for known water service disconnects required. C. Storm Sewer: Disconnect all sump pump and area drain connections to the storm sewer system. Notify the Waterloo Engineering Department for inspection of the disconnection prior to placing backfill material. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4' St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 20 of 37 Page 84 of 443 D. Backfill and Compaction: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right -of -Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off -site vehicle track out (stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40% Berkshire Hard Fescue 30% Treasure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. Once vegetation is established to stabilize the soil, the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. For sites over one acre of disturbance (as this site is): 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre -disturbance inspection prior to land disturbance, and for post -disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing shall be a chain link or similar fence of a minimum RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 21 of 37 Page 85 of 443 of 6 feet in height and be installed and maintained in good condition. The fence shall be installed in a location approved by the City. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled, and all hazards removed. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. Individuals or entities removing bricks from the pile provided for in Section 2.02 above, which is outside of the fenced construction site, are not subject to this limitation. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pick up any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill — refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste) to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if other archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa (SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4'h St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 22 of 37 Page 86 of 443 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed" basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 2.17 SPECIAL PROVISIONS - This project will utilize federal funding, and as such is a federal aid project, and subject to additional requirements and contract provisions. Provisions such as Davis Bacon wage rates, Section 3 of the HUD Act of 1968, as amended, and Build America, Buy American Act will apply. - This project will disturb over an acre of area, and as such additional stormwater management/SWPPP requirements apply - This project will have different fencing requirements than many previous City of Waterloo demolition projects (a 6-foot-tall chain link fence will be required). Contractor to review and City is to approve fence location prior to installation. The buildings under this project include deep basements, including a gymnasium area that is estimated to be more than 15 feet below adjacent grade. This area is proposed to be redeveloped into a residential development. This project includes soil compaction requirements, and the City of Waterloo will hire a third -party contractor to do soil testing of backfill material (both before it is backfilled, during backfilling, and after backfilling is complete to ensure proper compaction. This project will include Contractor establishment of a brick pile to make bricks available to the public. This project includes removal of 5 driveway, with curb and gutter replacement work. Contact the Engineering Department for any questions on the specifications for this requirement. See Exhibit "D" Sheet 1 of 3. This project includes water service kills with water main plugs, and asphalt street patches. See Exhibit "D" Sheet 2 of 3. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 23 of 37 Page 87 of 443 Exhibit "C" DRAFT CONTRACT D-2024-10-02P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] - 2127 E 4th Street and 123 E Parker Street This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of December 2, 2024 by and between the City of Waterloo, Iowa ("City") and . ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of December 2, 2024 thru May 30, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 24 of 37 Page 88 of 443 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the Contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contact, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this Contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4ch St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 25 of 37 Page 89 of 443 a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 26 of 37 Page 90 of 443 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. This Contract is also subject to the following additional Contract requirements: Certifications: By execution of this Agreement, the Contractor certifies that all contractors, subcontractors, and/or eligible suppliers to be used on the Project are eligible to participate in the federal Community Development Block Grant Program, and that they are not on any debarred, suspended, or ineligible list. Domestic Preference for Procurement As appropriate and to the extent consistent with law, the non-federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The requirements of this section must be included in all sub awards including all contracts and purchase orders for work or products under this award. PERSONNEL AND PARTICIPANT CONDITIONS Civil Rights Compliance The Contractor agrees to comply with Chapter 216 (State Civil Rights) of the Iowa Code and with Title VI of the Civil Rights Act of 1962 as amended Title VIII of the Civil Rights act of 1968 as amended, Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Order 11375, 11478,12107,and 12086. Nondiscrimination The Contractor agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations and executive orders reference in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 27 of 37 Page 91 of 443 Section 504 The Contractor agrees to comply with all Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973. (29 U.S.C. 794) which prohibits discrimination against individuals with disabilities or handicaps in a federally assisted program. The Contractor confirms that no otherwise qualified individual with handicaps shall, solely by reason of his/her handicap, be excused from participation in, be denied benefits of or be subjected to discrimination. This does include, but is not limited to, housing, employment and the delivery of services and programs. Affirmative Action Affirmative Action Plan The Contractor agrees that it shall be committed to carry out affirmative action marketing in keeping with the principles as provided in Presidents Executive Order 11246 of September 24, 1966. No person shall be excluded from or denied benefits of the Contractors service on the basis of age, race, color, religion, creed, national origin, sex, marital status, disability or sexual orientation. All current and prospective project beneficiaries must, however be in need of the programs provided by the Contractor. The Contractor shall comply with requirements set forth in 24 CFR 570.601. Women and Minority Owned Business Based (WBE/MBE) The Contractor will use its best efforts to afford small businesses, minority business enterprises and women's business enterprises the maximum practicable opportunity to participate in the performance of the Agreement. As used in this contract , the terms small business means a business that meets the criteria set forth in section 3(a) of the Small Business Act , as amended (15 U.S.C. 632) and minority and women's business enterprise means a business at least 51 % owned and controlled by a minority group or women. Equal Opportunity and Affirmative Action Statement The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that it is an Equal Opportunity or Affirmative Action employer. Subcontract Provisions The Contractor will include the provisions of Civil Rights and Affirmative Action in every sub contract, so that such provisions will be binding upon each of its own sub -contractors. Employment Restrictions Prohibited Activity The Contractor is prohibited from using funds proved herein or personnel employed in the administration of the program for political activities; inherently religious activities; lobbying; political patronage or nepotism activities. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 28 of 37 Page 92 of 443 Labor Standards The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Contractor agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR 5. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. The Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation, or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. Section 3 Clause Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided under this contract and binding upon the City, the Contractor and any of the Contractors subcontractors. Failure to fulfill these requirements shall subject the City, the Contractor, and any of the Contractor's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Contractor certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Contractor further agrees to comply with these Section 3 requirements and to include the following language in all subcontracts executed under this Agreement: The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located. The Contractor further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4`h St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 29 of 37 Page 93 of 443 where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Contractor certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. See Attachment 1 for full Section 3 Contract Requirements. Subcontracts The Contractor will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the City. The Contractor will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Conduct Assignability The Contractor shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Hatch Act The Contractor agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. Conflict of Interest The Contractor agrees to abide by the provisions of 2 CFR 200 and 570.611, which include (but are not limited to) the following: The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by Federal funds. No employee, officer, or agent of the Contractor shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4' St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 30 of 37 Page 94 of 443 No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Contractor, or any designated public agency. Lobbying The Contractor hereby certifies that: No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise therefrom. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with review, approval, or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement, while in office and for one year after holding the position. No federal funds appropriated under this Agreement shall be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence a member of Congress an officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract , loan, grant or Agreement Copyright If this agreement results in any copyrightable material or inventions, the City reserves the right to royalty- free, nonexclusive and irrevocable license to reproduce, publish, or other wise use and to authorize others to use, the work or materials for governmental purposes. Religious Activities The Contractor agrees that funds provided under this Agreement will not utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction or proselytization. ENVIRONMENTAL CONDITIONS Air and Water The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: Clean Air Act, 42 U.S.C., 7401, et seq.; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 31 of 37 Page 95 of 443 Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR 50, as amended. Lead -Based Paint The Contractor shall comply with requirements of the Federal regulations concerning the Lead -Based Paint Poisoning Prevention Act and HUD regulations there under: Department of Housing and Urban Development (24 CFR Part 35) Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance, and Environmental Protection Agency (40 CFR Part 745) Lead; Requirements for Hazard Education before Renovation of Target Housing. Historic Preservation The Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. Failure to complete Historic Preservation Review prior to any choice limiting actions on the project will result in the project being ineligible for reimbursement. Environmental Review The Contractor shall comply with all applicable environmental review requirements of HUD. The City shall prepare and submit the environmental review. Upon completion of the review the Contractor will be notified when the project may proceed. Failure to complete an Environmental Review prior to any choice limiting actions on the project will result in the project being ineligible for reimbursement. SEVERABILITY If one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable, the provisions of this Agreement shall be deemed severable and the remainder of the Agreement shall remain in full force and effect. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP The City shall not be liable to the Contractor, or to any party, for completion of or failure to complete any improvements which are part of the Project. Nothing contained in this Agreement, nor any act or omission of the City or the Contractor, shall be construed to create any special duty, relationship, third - party beneficiary, respondent superior, limited or general partnership, joint venture, or any association by reason of the Contractor involvement with the City. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 32 of 37 Page 96 of 443 RESPONSIBILITY FOR PROGRAM REGULATIONS The Contractor is responsible for all regulations contained in 24 CFR Part 570 as it may be amended from time to time. The City shall attempt to forward copies of the updated regulations as they become available, however, the Contractor shall be ultimately responsible for securing said updates. Build America, Buy America Act The Contractor shall comply with the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub.L 177-58. In general this states that all products must meet BABA requirements. The Contractor shall include Manufacturer's Certification for BABAA requirements with all applicable submittals. If a specific manufacture is used in the bidding, a statement that the manufacturer will comply with BABAA must be included in the bid submission. Installation of materials or products that are not compliant with BABAA requirements shall be considered defective work. Contractor should ensure that all materials has an approved Manufacturer's Certification or waiver prior to items being delivered to the project site. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 33 of 37 Page 97 of 443 ATTACHMENT 1 SECTION 3 CONTRACT REQUIREMENTS [24 CFR 75] (24 CFR 75 is applicable to HUD -funded projects awarded ON or AFTER to November 30, 2020) 1. Section 3 of the Housing and Urban Development Act of 1968: The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the U.S. Department of Housing and Urban Development (HUD) assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. Contractor Certification of Compliance: The parties to this contract agree to comply with HUD's regulations in 24 CFR 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the 24 CFR 75 regulations. 3. Contract Language Requirement: The contractor agrees to include this Section 3 Contract Requirements clause in every sub -contract subject to compliance with regulations in 24 CFR 75, and agrees to take appropriate action, as provided in an applicable provision of the sub -contractor in this Section 3 Contract Requirements clause, upon a finding that the sub -contractor is in violation of the regulations in 24 CFR 75. The contractor will not sub -contract with any subcontractor where the contractor has notice or knowledge that the sub -contractor has been found in violation of the regulations in 24 CFR 75. 4. Contracting Requirements: To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, the CDBG Grantee and contractors and sub -contractors for the CDBG project shall ensure contracts and sub -contracts for work awarded in connection with the project are awarded to business concerns that provide economic opportunities to Section 3 Workers; and where feasible in the following order of priority: (1) Section 3 Business concerns that provide economic opportunities to Section 3 Workers residing within the metropolitan area (or nonmetropolitan county) in which the HUD funded assistance is provided/in which the HUD funded/CDBG project is occurring; and (2) YouthBuild programs. 5. Employment and Training Requirements: To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, the CDBG Grantee and contractors and sub- contractors for the CDBG project shall ensure employment and training opportunities generated in connection with the project are filled by Section 3 Workers; and where feasible, in the following order of priority: (1) low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the CDBG assistance is expended (i.e., in which the CDBG project is occurring); and (2) participants in YouthBuild programs. 6. Section 3 Definitions [24 CRF 751: Definitions for Section 3 terms per 24 CFR 75 are as follows: Section 3 Worker: An employee who currently fits (if hired more than five (5) years before starting work on the CDBG project), or fit at the time of hire (if hired within five (5) years of starting work on the CDBG project), at least one (1) of the following categories: (1) is employed by a Section 3 Business concern; or (2) is a low- or very low-income resident (i.e., a local person living within the Section 3 service area as defined in 24 CFR 75.5, with an individual annualized income at the time of hire (if hired within five (5) years of starting work on the CDBG project), or currently as of date of starting work on the project (if hired more than five (5) years before starting work on the CDBG project) that was/is at or below the low income (80%) threshold established by HUD for a Family of 1 for the county in which the person lives) [Note: The HUD income threshold must be from the HUD Income Limits for the CDBG program that are in effect at the time of hire (if hired within five (5) RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 34 of 37 Page 98 of 443 years of starting work on the CDBG project), or currently in effect as of the date the worker started work on the CDBG project (if hired more than five (5) years prior to starting work on the CDBG project). The HUD Income Limits are updated annually, typically in March or April.]; or (3) is a YouthBuild participant. Targeted Section 3 Worker: An employee who is employed by a Section 3 Business concern; or who currently fits (or when hired fit) at least one (1) of the following categories as documented within the past five (5) years: (1) lives/lived within the Section 3 service area or the neighborhood of the CDBG project as defined in 24 CFR 75.5; or (2) is a YouthBuild participant. Section 3 Business concern: A business that fits at least one (1) of the following categories: (1) 51% or more owned by low- or very low-income persons; or (2) 75% or more of the labor hours are performed by low- or very low-income persons; or (3) 51% or more owned by current residents of public housing or Section 8-assisted housing. Section 3 Service Area: An area within one (1) mile of the CDBG project's location (i.e., street address); or an area within a circle centered around the CDBG project site that encompasses 5,000 people [if less than 5,000 people live within a one (1) mile radius of the CDBG project site]. 7. Reporting Labor Hours: CDBG Grantee and contractors and sub -contractors for the CDBG project shall report all worker (see exception on next page)* labor hours on the project as follows: (1) the total number of labor hours worked; (2) the total number of labor hours worked by Section 3 Workers; and (3) the total number of labor hours worked by Targeted Section 3 Workers. The labor hours reported shall include the total number of labor hours worked on the financially assisted project by workers employed by the CDBG Grantee, and employed by their contractors and sub -contractors, during the reporting period specified by HUD and the State CDBG Program. The labor hours reported may be based on the employer's good faith assessment of the labor hours of a full-time or part-time employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting. [Note: Construction contractors required to maintain certified payroll records to meet federal labor standards requirements shall report actual work hours as reported on the certified payroll records.] *Exception for positions that require an advanced degree or professional certification: Reporting of hours for positions requiring an advanced degree or professional certification is not required, but the hours may be reported to demonstrate Section 3 "best efforts". The CDBG Grantee, contractors and sub -contractors may report the labor hours by Section 3 Workers and Targeted Section 3 Workers without including labor hours from employees in positions requiring an advanced degree or professional certification in the total number of labor hours worked, but if the contract covers both work requiring an advanced degree or professional certification and other work, the labor hours for the other work under the contract that are not from employees in positions requiring an advanced degree or professional certification must still be reported. 8. Section 3 Benchmarks: The HUD Section 3 Final Rule (24 CFR 75) establishes "safe harbor" benchmarks that are quantitative benchmarks and prioritized qualitative efforts that funding recipients must complete to assist low- and very low-income persons with employment and training opportunities: (1) 25% or more of all labor hours worked must be worked by Section 3 Workers; and (2) 5% or more of all labor hours worked must be worked by Targeted Section 3 Workers. If the "safe harbor" benchmarks are not met over the course of the project, then the CDBG Grantee and contractors and sub -contractors for the CDBG project shall provide evidence of completing qualitative efforts to assist low- and very low-income persons with employment and training opportunities. Supporting documentation of these completed efforts must also be maintained in the CDBG Grantee's and contractors' CDBG project files, to be made available upon request for monitoring purposes. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 35 of 37 Page 99 of 443 9. Demonstrating Best Efforts: When the Section 3 benchmarks are not met, the CDBG Grantee and contractors and sub -contractors for the CDBG project shall demonstrate and report qualitative efforts made in an attempt to meet the benchmarks, which may include but are not limited to the following: (1) Engage in outreach efforts to generate job applicants who are Targeted Section 3 Workers. (2) Provide training or apprenticeship opportunities. (3) Provide technical assistance to help Section 3 Workers compete for jobs (e.g., resume assistance, coaching). (4) Provide or connect Section 3 Workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services. (5) Hold one or more job fairs. (6) Provide or refer Section 3 Workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provide assistance to Section 3 Workers to apply for/or attend community college, a four-year educational institution, or vocational/technical training. (8) Assist Section 3 Workers to obtain financial literacy training and/or coaching. (9) Engage in outreach efforts to identify and secure bids from Section 3 Business concerns. (10) Provide technical assistance to help Section 3 Business concerns understand and bid on contracts. (11) Divide contracts into smaller jobs to facilitate participation by Section 3 Business concerns. (12) Provide bonding assistance, guaranties, or other efforts to support viable bids from Section 3 Business concerns. (13) Promote use of business registries designed to create opportunities for disadvantaged and small businesses. (14) Conduct outreach, engagement, or referrals with the state one -stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. 10. Recordkeeping & Reporting: The CDBG Grantee and contractors and sub -contractors for the CDBG project shall maintain all records demonstrating compliance with 24 CFR 75, including contracting information and documents, worker income certifications (for Section 3 Worker status determinations), and worker labor hours on CDBG project; and provide data and reporting documents as requested and required by the State CDBG Program and/or HUD. Grantee and contractor records may be monitored for compliance by the State CDBG Program and/or HUD. 11. Non -Compliance: Non-compliance with HUD's regulations in 24 CFR 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 12. Indian Housing Assistance Project Specifications: With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible: (i) preference and opportunities for training and employment shall be given to Indians; and (ii) preference in the award of contracts and sub -contracts shall be given to Indian organizations and Indian -Owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). ** This language is required to be included in contracts and sub -contracts for a HUD funded project that are funded in whole or in part with the federal dollars, and the CDBG/HUD Funded Award to the Grantee is greater than $200,000 and awarded 11/30/2020 or later, and the CDBG/HUD Funded Project includes construction (including building/structural rehabilitation) and/or demolition activities. CDBG projects awarded on or after 11/30/2020, for which the CDBG/HUD funded Award is less than $200,000 and/or for which Planning, Public Services, or Financial Assistance (e.g., loans for economic development) are the only activities, with no construction and no demolition in the project scope of work, are not subject to these Section 3 requirements and reporting. Insertion of this Section 3 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 36 of 37 Page 100 of 443 Clause is strongly recommended to be included in ALL contracts and sub -contracts for a HUD funded project that is subject to Section 3 requirements, regardless of the funding source for the specific contract, to help avoid issues with compliance and reporting later in the project cycle if the funding source changes. All subcontractors of a prime contractor that is funded in whole or in part with CDBG/HUD funding are subject to the same Section 3 requirements as the prime contractor. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2024-10-02P: 2127 E 4th St (St. Mary's Church and School) and 123 E Parker St (St. Mary's Villa). Page 37 of 37 Page 101 of 443 SCALE: 1" = 60' HOR 2 a L:\Oumie\Demolition\2127 E 4TH ST DEMOLITION.dwg 9/ 6.2 SY OF PAVEMENT REMOVAL 6.2 SY TOPSOIL &\ SEEDING 22 LF CURB & GUTTER R & R -24", 9" SANITARY MH 123 E PARKER ST 8SYOF PAVEMENT REMOVAL 8 SY TOPSOIL SEEDING LUG SAN SERVICE T PROPERTY LINE 12 SY OF PAVEMENT REMOVAL 12 SY TOPSOIL & SEEDING 30 LF CURB & 22 LF CURB & GUTTER R & R -24", GUTTER R & R -24", SAN 9 9 SANITARY SANITARY MH - MH 2141 E 4TH ST 2127 E 4TH ST PLUG SAN SERVICE AT PROPERTY LINE 40 SY 0 PAVEMENT REMOVAL 40 SY TOPSOIL & SEEDING 33.5 LF CUR: & GUTTER R & R -24", 9" 22 SY OF PAVEMENT REMOVAL 0 LF CURB & GUTTER R & R -24", 9" 22 SY & TOPSOIL SEEDING E PARKER ST CHARLES ST DATE: 915/2024 SHEET 1 OF 3 Page 102 of 443 00 • L:\Oumie\Demolition\2127 E 4TH ST DEMOLITION.dwg 9/5/2024 2.00 PM SCALE: 1" = 60' HOR PATCH NOTES SPECIAL BACKFILL, IDOT SPEC 2102.03.F.2C, GRAD #30, SPEC SEC 4132. HMA, ST SURFACE, 4 " , PG 58-28S, NO FRICTION,3" THICK HMA, ST INTERMEDIATE, 4", PG 58-28S, 6" THICK 3" MAX LIFT THICKNESS. COMPACTION OF SUBGRADE AND SUBBASE SHALL BE 95%, MAXIMUM OF 8" LIFTS. CONTRACTOR SHALL SAW CUT ALL PAVEMENT PATCHES TO A CLEAN, STRAIGHT EDGE. CONTRACTOR TO HAVE PLUMBING INSPECTION ON ALL SANITARY SERVICE KILLS. CONTRACTOR TO HAVE INSPECTION BY WATERWORKS FOR ALL WATER KILLS. COMPACTION OF HMA TO BE 94%. SHERMAN AVE 123 E PARKER ST 123A KILL & PLUG @ MAIN, PULL PB. W 11.1 SY OF 9" ASPHALT PATC 12 KILL & REMOVE SADDLE, INSTALL. REPAIR CLAMP ON MAIN. PULL P.B. 2127 KILL & PLU @ MAIN, PULL P. 2141 E 4TH ST 2127 E 4TH ST 2127 A KILL SERVICE,SLEEVE @ MAIN & PULL P.B. W 2127 PULL P.B W 11.1 SY OF 9" ASPHALT PATCH 1.1 SY OF 9" ASPHALT PATCH 2127 F KILL & PLUG @ MAIN, PULL P.B 6 SY OF R&R SIDEWALK 2127 D KILL & PLUG @ MAIN ,PULL P.B. 2127 E INVESTIGATE POSSIBLE KILL & PLUG AT MAIN ,PULL P.B. W CHARLES ST 14.5 SY OF 9" ASPHALT PATCH E PARKER ST o H co cc z Q < Q as Z W ON H J 06 o W C � W ti N T N 715 MULBERRY STREET DATE: 915/2024 SHEET 2 OF 3 Page 103 of 443 Existing Dirt Stockpile for Backfill Virden Creek and Flood Control Levee to remain (protect) Existing Dirt Stockpile for Backfill Remove concrete that may be partially buried Remove Concrete after Brick Stockpile Completed Brick Stockpile Area for Public 1 Driveway approach to remove after brick stockpile complete Public sidewalk to remain (protect) 123 E Parker St 2141 E 4th St To remain (protect) Existing Trees to Remain - All Trees North of North Driveway Remove private walk (buried) 00 Vow Remove Concrete Remove Concrete Remove private walk 2127 E 4th St Remove all trees and stumps not indicated to remain Four trees to remain (attempt to protect) Remove Concrete Driveway approaches to remove Public sidewalk to remain (protect) Driveway approach to remove Remove private walk Two street trees to be cut to grade, stumps to remain Sidewalk Ramps to remain (protect) Remove sign City of Waterloo, Iowa Demolition Plan Contract Dr -1 r P Exhibit rrD 3rr N E W+E s Note Base map map data sourceisBlack Hawk County. survey, delineated is issumdoes not accuracof is assumed for me accuracynne data aermeatea herein, Bllck „,,e,7 u or implied by Black Hawk County, the BlackHaok Waterloo City of Waterloomakesnow inform expressos implied, as to the accuracy of the information shown an this map. and expressly disclaims liability, for the accuracy thereof. Users should refer to officialplats. surveys, recorded deeds, etc. located at the County Office for complete aBlack nd and accurate Information, Assessor's r 0 30 60 Sheet 3 of 3 ® cot Dann 1fln rsf A 3 "General Decision Number: IA20240025 07/26/2024 Superseded General Decision Number: IA20230025 State: Iowa Construction Type: Residential Counties: Black Hawk, Bremer and Grundy Counties in Iowa. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022: . Executive Order 14026 generally applies to the contract. . The contractor must pay all covered workers at least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022: . Executive Order 13658 generally applies to the contract. . The contractor must pay all covered workers at least $12.90 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification 0 1 2 3 4 5 6 Number Publication Date 01/05/2024 03/01/2024 05/17/2024 06/14/2024 07/12/2024 07/19/2024 07/26/2024 0RIA0003-026 05/01/2024 Rates Fringes BRICKLAYER $ 30.00 19.17 CARP0678-003 05/01/2024 Rates Fringes Page 105 of 443 CARPENTER $ 28.25 23.95 * ELECO288-001 06/03/2024 Rates Fringes ELECTRICIAN $ 35.39 15.59 E8610234-009 05/01/2024 Rates Fringes Power equipment operators: CLASS 1 $ 36.75 17.90 CLASS 2 $ 35.37 17.90 CLASS 3 $ 33.04 17.90 POWER EQUIPMENT OPERATORS CLASSIFICATIONS CLASS 1 - Backhoe (1 cy and over); Excavator CLASS 2 - Backhoe (under 1 cy); Bulldozer; Grader/Blade; Loader; Scraper CLASS 3 - Bobcat/Skidsteer/Skid Loader; Rollers LA800043-009 05/01/2023 BLACK HAWK COUNTY Rates Fringes LABORER Common or General, Mason Tender - Brick, Mason Tender - Concrete, Pipelayer $ 21.00 15.62 1A600043-017 05/01/2023 BREMER COUNTY Rates Fringes LABORER Common or General, Mason Tender - Brick, Mason Tender - Concrete, Pipelayer $ 23.88 17.35 LA800177-005 05/01/2024 GRUNDY COUNTY Rates Fringes LABORER Common or General, Mason Tender - Brick, Mason Tender - Concrete, Pipelayer $ 28.61 16.80 PLAS0021-002 05/01/2018 Rates CEMENT MASON/CONCRETE FINISHER...$ 26.67 Fringes 15.70 R00F0182-008 05/01/2024 Rates Fringes ROOFER $ 29.28 17.53 TEAM0238-002 05/01/2024 Rates Fringes TRUCK DRIVER Dump Truck $ 32.66 17.17 Page 106 of 443 Lowboy Truck $ 32.81 17.17 * SUTA2008-022 09/05/2008 Rates Fringes SHEETMETAL WORKER $ 15.04 ** 3.82 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is i11, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Page 107 of 443 Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. State Adopted Rate Identifiers Classifications listed under the ""5A"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R O1.3(g)-(h). Example: SAME2O23-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an Page 108 of 443 interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 109 of 443 Page 110 of 443 Demolition and Site Clearance Services Contract No. D-2024-10-02P Engineer's Estimate $400,000.00 November 7, 2024 Bidder Bid Security Bid Amount Midwest Demolition Contractors Walford, IA 5% $646,220.00 Lehman Trucking & Excavating, Inc. Waterloo, IA 5% $516,274.00 Peterson Contractors, Inc. Reinbeck, IA 5% S468,000.00 D.W. Zinser Co. Walford, IA 5% $339,900.00 Page 111 of 443 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department December 2, 2024 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Midwest Surface Prep, Inc., of Nashua, Iowa in the amount of $23,680.00, in conjunction with the FY-23 IDOT CSVI Project, Contract No. 4606. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Statement of Completion Epoxy Floor Coating Page 112 of 443 /� _COM Imagine it. AECOM /�"1� Delivered. 500 SW 7th Street Des Moines IA, 50309 USA aecom.com November 16, 2024 Mr. Steven Kjergaard Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Hangar No. 3 Improvements — Epoxy Floor Coating Waterloo Regional Airport Waterloo, Iowa CSVI Project No. 91230ALO200 Contract No. 4606 AECOM Project No. 60703079 Dear Mr. Kjergaard: By this letter, we hereby state: 1. We understand that airport staff has reviewed the project, and it was completed in accordance with the requirements of the quote package. 2. We have made a final review of the project on November 13, 2024, and recommend acceptance. 3. To the best of our knowledge and belief, based on observations of AECOM, the contractor, Midwest Surface Prep, Inc. has performed the work in accordance with the contract requirements in effect for the above -referenced project. 4. The total cost of the completed work is $ 23,680.00. „,'oi.ESSI0A,q`,, • , DAVID 8. •'C s W ; HUGHES : Z _ ;u13037 * _ •.,� �: ,,.�� o,0nntowm " '` I hereby certify that this engineering document was under my direct personal supervision and that I am Professional Engineer under the laws of the state of ea prepared by me or a duly licensed Iowa. 11/16/2024 David B. Hughes License No. 13037 My license renewal date is December 31, 2025. Pages or sheets covered by this seal: Date Page 113 of 443 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Motion to approve Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net decrease of $2,061.32, in conjunction with the MLK Wetland Mitigation Project - Phase I, Contract No. 1005, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Signed CO#2 Page 114 of 443 Page 115 of 443 CHANGE ORDER NO. 2 Owner City of Waterloo Date: 11/4/2024 Project MLK Wetland Mitigation Project — Phase I Owner's Contract No. 1005 Contractor: Peterson Contractors, Inc. Date of Contact Start 8/1/2022 Contract Amount: $ 121,562.90 You are directed to make the following changes in the Contract Documents. Description: Adjust original construction quantities to actual construction quantities. Compensation already made to contractor through original bid items. See attached summary. Reason for Change Order As -built quantities varied for some bid items. CONTRACT PRICE CONTRACT TIME To Substantial To Final Completion Completion Original: $ 121,562.90 Original Completion Date: 7/11/20231 7/11/2023 Previous C.O.s (ADD/DEDUCT) $ 1,979.25 This C.O. (ADD/DEDUCT) $ (2,061.32) Revised Completion Date: I 7/11/2023 Contract Price with all approved Change Orders: $ 121,480.83 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. APPROVE �� BY:77/ %�uLl � % 'r GGtC,zey Owner (Authorized Signature) ACCEPTED: BY: Contractor (Authorized Signature) ACCEPTED: BY: 11/7/2024 Date Date AECOM Date AECOM 60616518 I 2 Project No. C.O. No. Page 116 of 443 MAINTENANCE BOND ALL MEN BY THESE PRESENTS: Bond No. 107614925 That, Peterson Contractors, Inc. of Reinbeck, IA as Principal, and the Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto City of Waterloo. Iowa in the penal sum of One Hundred Twenty One Thousand, Four Hundred Eighty & 831100 ($ 121,480.83 Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas the said Principal entered into a certain contract, with City of Waterloo, Iowa To furnish all the material and labor necessary for the construction of MLK Wetland Mitigation Project - Phase 1, Waterloo, Iowa; Contract No. 1005 in Waterloo, IA In conformity with certain specifications; and Whereas a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two (2) years from date of acceptance of the work under said contract; and Whereas the said Travelers Casualty and Surety Company of America for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of Two (2) years from the date of date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise, to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this 8th day of November , 2024 . Peters Pfi Co�Xrectors, Inc. By: Tray rs Cas f: Itv and Surety Company of America ,, y,, Surety oyq �{ HARTFORD, z. CONN. NN. h_ caner Attorney -in -Fact 4 ;, ,c*r One Tower Square Address Hartford, CT 06183 Page 117 of 443 TRAVELERSi Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Anne Crowner of WAUKEE Iowa , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused thls Instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut By: City of Hartford ss. On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. f g ousitc eciATPIIIY This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation Is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 Dated this 8th day of November 2024 r Robert L. Rane}f,'Senior Vice President Anna P. Nowik, Notary Public Kevin E. Hughes, AssiMant Secretary To verify the authenticity of this Power of Attorney, please call us at 2-800-421-3880. Please refer to the above -named A ttomey(s)-in-Fact and the details of the bond to which this Power of Attorney is attached Page 118 of 443 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 December 2, 2024 AGENDA ITEM TITLE Motion to approve Change Order No. 1 with Advanced Environmental, Inc., of Waterloo, Iowa, for a net increase of $2,200.00, in conjunction with additional asbestos abatement work (duct paper) for property located at 318 Bratnober Street under Contract No. AB-2024-09-07P, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo entered into asbestos abatement contract AB-2024-09-07P with Advanced Environmental, Inc. on June 17, 2024 with a total contract amount of $28,700. The contractor has completed the abatement work, but during the abatement, they encountered additional asbestos duct paper within hidden vent runs within floors/walls of 318 Bratnober St. The asbestos was hidden and was missed by the asbestos testing contractor. This was unknown work and caused additional time and material in an amount of $2,200.00, and they are requesting approval of Change Order # 1 to approve the additional expenses for the extra work. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES $2,200.00 to be paid with TIF funds or Nuisance Abatement bonds. ALTERNATIVE ACTION Page 119 of 443 LEGAL DESCRIPTION ATTACHMENTS 1 318 Bratnober change order 2. 318 Bratnober Change Order email 3. Change Order 1 Pics 318 Bratnober 4. Asbestos Abatement Sercies Contract AB-2024-09-07P contractor signed Page 120 of 443 Page 1 of 1 Proposal Proposal Submitted To: City of Waterloo Community Planning and Development Attn: Aric Schroeder 715 Mulberry St Waterloo, IA 50703 Project & Address: Change Order #1- Duct paper in wall cavities Walls and 2nd floor boots 318 Bratnober Waterloo, IA 50703 Phone: 319-291-4366 Date: 10/23/2024 Email: ARIC.SCHROEDER@WATERLOO-IA.ORG AP_" _ED ENV�RNiviENTAL �i :SSTI NC: e\NI] A[1AIi.M1.l4T I!4{:, - 803 Ricker St Waterloo, IA 50703 Phone: 319-287-4447 Fax: 319-287-4449 WE HEREBY PROPOSE to furnish all the materials, equipment and perform all labor for the completion of: Scope of Change Order WORK - removal & disposal of approximately 80 sq. ft. of duct paper discovered in the wall cavities while removing the flooring in the 2nd floor bathroom. AETA will have to expose ducts in wall cavities (remove plaster & lathe boards), clean up areas around ducts (will require quite a bit of debris removal), and set up contaiments. PROPOSAL INCLUDES: (1) Daily OSHA required personal & excursion air monitoring; (2) Power & Water WE PROPOSE to furnish material and labor, complete in accordance with the above specifications for the sum of: Two Thousand Two Hundred Dollars ($2,200.00) TERMS: Net 30 days All work is guaranteed to be as specified. All work to be completed in a workmanlike manner according to specified practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. We carry general liability insurance and our workers are fully covered by workers compensation insurance. NOTE: This proposal may be withdrawn by us if not accepted within 30 days. Respectfully Submitted, ADVANCED ENVIRONMENTAL TESTING AND ABATEMENT, INC Jay Llewellyn ACCEPTANCE OF PROPOSAL The price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment(s) will be made as outlined above. Signature: Date: Name & Title (PRINT): Page 121 of 443 From: To: Cc: Subject: Date: Attachments: Jay Llewellyn ARIC SCHROEDER Michael Poe; Phyllis Katcher 318 Bratnober Wednesday, October 23, 2024 10:29:31 AM Scanned from a Xerox Multifunction Printer.pdf CAUTION: This email originated from outside the City of Waterloo email system. Do not click links or open unexpected attachments unless you recognize the sender and know the content is safe. Aric, We started on 318 Bratnober today and in the asbestos inspection report, they have 4 boots in the basement listed along with some linoleum in the 2nd floor bathroom. Our guys started off by removing the linoleum in the bathroom. There was a vent in the floor. When they removed the flooring, they could see duct paper on the boot in the floor. They went around the rest of the 2nd floor and found three more boots. So they went down to the main floor and checked the wall cavities and they found three runs in the wall cavities. I have included some pictures for you as well. This will require quite a bit more set up along with removal (plus the work we already have done finding all the runs and opening them up). Since it is over the 10 sq. ft./25 In. ft. threshold, this will require more set up. Anyway, we are probably looking at an extra $2200. Do you need me to send a proposal for this or do you have a change order form? I included some pictures for you to see what I am talking about. Thanks! Jay Jay Llewellyn Advanced Environmental Testing and Abatement, Inc. 803 Ricker Street I Waterloo, Iowa 50703 www.advancedmidwest.com (319) 287-4447 I Office (319) 269-2492 I CeII (319) 287-4449 I Fax Licensed in KS, MO, IA, MN, IL and WI Page 122 of 443 VKEYE ENVIRONMENTAL ENVII IVMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 318 Bratnober Street Surfacing Materials Material None Description Location Quantity 1 Thermal Systems Insulation Material Description Location Quantity None _ Miscellaneous Materials Material Description Location Quantity Duct Paper Gray Basement 4 Boots Linoleum (Bottom Layer/ Under Tile) Tan 2"d Floor Bathroom 80 SF Quantities supplied are estimates. Contractors must field verify all material quantities, locations and conditions. City of Waterloo Page 123 of 443 This is what the house looks Like inside Page 124 of 443 This is the duct run in the SE room. Our guys have already removed all the plaster/lathe boards and cleaned up a little bit of the flooring Page 125 of 443 This is the duct in the west wall of the NE room. Our guys have already removed all the plaster/lathe boards and cleaned up a little bit of the flooring Page 126 of 443 This is the duct in the South wall of the NE room. Our guys have already removed all the plaster/lathe boards and cleaned up a little bit of the flooring Page 127 of 443 ASBESTOS ABATEMENT SERVICES CONTRACT #AB-2024-09-07P 1335 Mulberry Street, 724 Lincoln Street, 418 Oak Avenue, 110 Chestnut Street, 318 Bratnober Street, 309 E 2" d Street, and 1103 Commercial Street This Contract for Asbestos Abatement Services (the "Contract") is entered into as of October 7, 2024, by and between the City of Waterloo, Iowa ("City") and Advanced Environmental Inc ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of October 7, 2024 thru February 7, 2024, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFB response. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $28,700.00 as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. Page 128 of 443 3. Approval; Tinning of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within the term of the Contract, including any renewal extensions. 4. Performance Bond. Not required for this Contract. 4.1 Payment Bond. Not required for this Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees, agents, or elected officials, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees, agents and elected officials, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and 2 Page 129 of 443 continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b, have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or tunes. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 1 1. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 3 Page 130 of 443 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. AAA/MA E✓W;(0APAeA3-111,c . CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hail, Mayor Attest: Kelly Felchle, City Clerk 4 presentative Page 131 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Lorenzo Jackson from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective December 3, 2024, pending pre- employment physical and drug testing. RECOMMENDED COUNCIL ACTION Requesting approval of appointment. SUMMARY STATEMENT AND BACKGROUND INFORMATION Lorenzo Jackson will be replacing Jay Millett who was promoted to an EOII. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating Budget ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. EQUIPMENT OPERATOR 1 11.2024 Page 132 of 443 Page 133 of 443 PERSONNEL REQUISITION FORM Check as applicable: 0 To start recruiting or civil service process and/or To fill a vacancy Active Civil Service List Expires: 9/2012025 A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Equipment Operator I Department: Street Department Reports To: Street Department Director Work Location: 625 Glenwood Ave Emplo‘ment Status: Regular Full Time 0 Temporary Full Time from to 0 Regular Part Time 0 Temporal)" Part Time from to 0 Regular 7-Month 0 Intern/Co-op Student from to Type of Position: Civil Service Position: el Yes Bargaining Position: 12 Yes Bargaining Group: LOCAL I 77 Non -bargaining Position: 0 Yes Recommended Recruitment Sources: 0 No 0 Internal Posting Only 0 No internal Posting and External Advertising 0 No ***************************************************************************** **************** Complete the following if the requisition is to fill a vacancy: D New Position or Replacement Position for: Jay Milieu Equipment Operator (Specify name and title of former incumbent) If replacement, former incumbent: 0 Retired/Resigned/Terminated 0 Trmisferred 12 Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date: Nov 2024 No. of hours/week: 40 Work schedule: 7a-3p Justification of need for position: Filling a vacancy, from a promotion. 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. Annual salary requirements- $62,647.42 Is position budgeted for this and future FYs? APPROVALS Hourly Rate: $30.12 Benefits: $47.72 / $99,264.35 (Pavan taxes, pension. health ins - assuming &Indy) Yes 0 No If no, how will position be funded? pro -d subject t4hefo11owing conditions: mining Department Head 'Writ No..04° 11/18/2024 1034 AM EST h"wtha 9-(are Dte Mayor Chief Financial Officer FeloL55 11/19/2024 0925 AM EST Date Human Resources Committee Chairperson Created 6;30/2017 D. MN 11/17/2024 06:33 PM EST 11/18/2024 10:11 AM EST Date Human Resources Director Date Page 134 of 443 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) (8) 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. 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 135 of 443 (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 136 of 443 CITY OF 4,4 TERLOO COmmuna { r.. IOWA 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 137 of 443 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 138 of 443 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; Toss 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 139 of 443 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 I JULY 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 140 of 443 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 December 2, 2024 AGENDA ITEM TITLE Motion to approve the appointment of Joseph Geilman from the current Civil Service List to the position of Planner I in the Planning & Zoning Department, effective December 9, 2024, pending pre- employment physical and drug testing. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Signed Personnel Req -PLANNER 111.2024 (Joe Geilman) Page 141 of 443 2. Certified List Planner I October 2024- October 2025 Page 142 of 443 Check as applicable: PERSONNEL REQUISITION FORM To start recruiting or civil service process and/or El To fill a vacancy X Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Planner 1 Department: Community Planning & Development_ Reports To: Noel Anderson Work Location: 715 Mulberry Street Employment Status: X Regular Full Time n Regular Part Time El Regular 7-Month Type of Position: Civil Service Position: X Yes ETJJ No Bargaining Position: X Yes E No Bargaining Group: AFSCME Local 1195 Non -bargaining Position: ElYes X No Temporary Full Time from to Temporary Part Time from to Intern/Co-op Student from to Complete the following if the requisition is to fill a vacancy: X New Position or El Replacement Position for: Recommended Recruitment Sources: fl internal Posting Only X Internal Posting and External Advertising (Specify nand title of former incumbent) If replacement, former incumbent: EJ Retired/Resigned/Terminated fl Transferred D Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date:ASAP No. of hours/week: 40 Work schedule: Monday- Friday 8 a.m.- 5 p.m. with one hour unpaid lunch Justification of need for position: This is a new position for Planner I. At this time. we are short a Planner 2 but Having another Planner I will be essential for the continued operation and workload of the Community Planning & Development Deparmient. What are the likely consequences if the position is not filled? .1:f not filled, the current staff will be overloaded with monthly and weekly agenda items, to the detriment of proactive economic development, land use property management initiatives. APPROVALS Annual salary requirements: $64,251.20 Hourly Rate: $30.89 Benefits: 48.63/ $101,145.43 (Payroll taxes, pension, health ins.- assuming family) IS position budgeted for this. FYs? .X Yes ci No If no, how will position be fi nded? Appr t Submitting Department Head Oaaq mos 11/18/202410:34 AM EST onditions: 1 6 Date Chief Financial Officer Date Feut.55 11/19/2024 09:25 AM EST Human Resources Committee Chairperson Date Querdin Ittri 11/17/2024 06:32 PM EST Mayor 11/18/2024 10:11 AM EST Da ic Human Resources Director Date Created 6/30/2017 Page 143 of 44 PERSONNEL REQUISITION The following questions are provided as guidelines to assist you in developing your rational for the position of Planner I in the Planning 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? This position will work to review and sign off on permits for City and County work per the Zoning and Subdivision Ordinance Guidelines. The staff will accept, prepare, review, and investigate necessary information for staff reports to the Planning Commission, Board of Adjustment, Historic Preservation Commission, Highway 218 Design Review Borad, and any other necessary boards or commissions. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. The amount of workload, office coverage, and applications and agenda items requires this position as other staff has additional duties for the department. (3) How is the work of this position being accomplished now? The duties of this position have been assigned to other staff Other staff will continue to make sure the minimal amounts of all necessary actions are completed to keep us updated on applications to Planning Commission, variances to Board of Adjustment, ect. are met on a monthly basis. The stretching of so many duties will slow us down from practice economic development projects and activities, as well as necessary updates to TIF Districts, the Comprehensive Plan, Ordinances, etc. We will also need to update indexing of items for searches, Minutes, Resolutions, later after the position is filled. As these are record- keeping items that are necessary, but can wait if no other options. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. Staff is at high levels for the number of agenda items going through the Planning Commission, Board of Adjustment, Design Review Boards, staff to Main Street (# committees), Historic Preservation, as well as contracting for the Black Hawk County Duties. The division of Economic Development oriented staff and Planning Staff has also helped to achieve record highs in permits values, averaging $147.99 million over the last 3 years. Page 144 of 443 (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)? The filling of this position will allow for us to continue to proactively work with businesses for expansion, new expansion attraction, and meet the needs of requests, applications, permits, and planning for the City of Waterloo to achieve its goals of growth, development, and redevelopment. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position allows us to continue to receive revenue from Black Hawk County for staffing their Board and Commission, and performing permits for them, as well as continuing to see high levels of permit fees and construction du to increased levels. (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? We are not paying overtime. Comp time is awarded to Planner I's now, and they have been gaining it due to longer night meetings, etc. that can disrupt our normal staff flow due to larger amounts of absences. (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. As previously noted, our division of duties has risen the level of permit activity from the goal of $100 million to reaching average of $147.99 million the last 3 years. The City continues to make great stride in shovel- ready and business and industrial park creation, which increases our buildability for the community. Many of these projects also take actions for rezoning, platting, site plan amendments, etc. so a majority of staff actions are required as these number stay high. (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. As we are required by State Code on many zoning actions, and have normal monthly meetings on several agendas with turn -in times and deadlines, and do property acquisitions for sewer, road, etc. projects, we must continue to prioritize those types of requests on a monthly basis. The ability to get back to developers for potential project, economic development, and long range and master planning partnerships with private developers would suffer the Page 145 of 443 most, as well as the potential for other needed programs (property acquisitions) to go slower and slow down other departments projects. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? We work with staff to plan their vacation times to avoid specific deadline turn -in times for the month, etc. If necessary, we have other staff cover certain responsibilities (agenda preparation, staff reports, required mailings, etc.) for short periods of time. But if a staff person is responsible for the specific Commission, we work to avoid them being gone with the agendas and mailing have to go out, when the Commission meeting is held, etc. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No. Not only would it be inefficient, but it would be a concern for the confidentiality of work being performed at times for economic development. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? I would rank this position high. The performance of this position on the daily takss and smaller request continue to allow more experiences staff to perform higher duties that lead to the betterment of the community through tax base growth, job creation, construction activity, etc. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position helps with goals, 1, 2, 3, and 9 immediately through permits for new housing, helping with projects through the Planning Commission for economic development, working on potential trial or open space project approvals for quality of place actions, as well as Downtown development. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form & updated job description. Page 146 of 443 CITY OF ATERLOO ✓ W IOWA Community of Oppr re:if r CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION PLANNER I DEPARTMENT COMMUNITY PLANNING & DEVELOPMENT SALARY $30.89 FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT AFSCME LOCAL#1195 GENERAL STATEMENT OF DUTIES Performs a wide range of assignments relating to housing, neighborhood revitalization, economic development, zoning, subdivision of land, the physical development of the City including capital improvements programming and various sections of the master plan, county zoning and agricultural preservation. The work is performed under the general direction of the City Planner or the Community Development Director, but considerable leeway is granted for the exercise of independent judgment and initiative. May supervise temporary employees or interns. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. In addition to daily operational responsibilities, each Planner I will be assigned to work any of the following: PLANNING & ZONING 1. Reviews subdivision plans for conformity with principles of good planning and land use practices in adjacent developments for compliance with subdivision and zoning regulations. 2. Conducts field surveys to determine land use. 3. Develops zoning and planning studies. 4. Advises members of the public who are seeking information concerning planning and zoning questions. 5. Researches, writes and submits reports dealing with major planning and zoning issues. 6. Works with a vast array of Federal and State projects, agencies and grants including but not limited to Certified Local Government, National Register of Historic Places, Brownfields funding, transportation funding, State Transportation Improvements Plan, census data, Iowa Department of Economic Development, EPA and State Historic Preservation Office. 7. Provides assistance to the Planning, Programming & Zoning Commission, the Waterloo Board of Adjustment, the Highway 218 Design Review Board, the Complete Streets Advisory Committee, Main Street Board, Main Street Councils and the Historic Preservation Commission. Page 147 of 443 8. Provides assistance to the Black Hawk County Planning & Zoning Commission and the Black Hawk County Board of Adjustment. 9. Coordinates and monitors issues and responds to inquiries involving salvage yards. 10. Assists with Administration of all aspects of the Brownfields grant and redevelopment program. 11. Assists with economic development activities and projects, including RISE or other grants, residential, commercial and industrial programs for City (TIF, CURA, CLURA, WHIP, etc.), State (WHP, HCt1C, etc.,) and Federal (New Market) and other economic development programs. 12. Coordinates and administers the Bus Bench Program. 13. Coordinates and administers the Planning Department approval of alcohol licensing. COMMUNITY DEVELOPMENT & HOUSING 1. Tracks and reports on Federal programs and develops housing planning studies. 2. Advises members of the public who are seeking information concerning neighborhood revitalization. 3. Researches, writes and submits reports dealing with major State and Federal assistance programs. 4. Provides assistance to the Community Development Board and the Waterloo Housing Authority. BOTH AREAS 1. Locates, selects and compiles basic data and prepares planning reports. 2. Prepares necessary maps, including utilization of Geographic Information System (GIS) software, line drawing charts, designs and layouts for City projects. 3. Assists in the collection, assembly, implementation and analysis of marketing data, strategies and plans. 4. Assists giving presentations on community planning projects. 5. Prepares grants for various outside funding entities. 6. Assists in the development and implementation of neighborhood planning initiatives. 7. Compiles reports, performs data entry and completes forms on personal computer using the applicable software, including Word, Excel and ArcGIS. 8. Works independently and with others with minimum supervision. 9. Attends work regularly at the designated place and time. 10. Performs all work duties and activities in accordance with City policies, procedures and City, OSHA and Community, Planning & Development safety rules and regulations. 11. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of the principles and practices of planning and zoning, affordable housing and neighborhood revitalization including basic techniques of statistics and design. 2. Ability to plan, assist and occasionally supervise the work of others as it relates to planning principles and practices. 3. Ability to plan projects and prepare related designs, plans, maps and cost estimates. 4. Ability to present materials and information in good report form, complete forms and perform required record keeping. 5. Skilled in use of personal computer, cartographic and drafting instruments and equipment, microfilm and general office equipment. 6. Ability to function with independent judgement and skills to plan, organize and implement activities Page 148 of 443 of the Community Planning & Development Department. 7. Ability to communicate orally and in writing and to read, analyze, record and interpret complex technical data, review materials on a variety of projects, present facts and findings clearly and concisely, give advice and recommendations and respond to questions from the public, public officials and coworkers. S. Ability to communicate effectively and maintain working relationships with other City employees, supervisors, public officials, other governmental subdivisions and agencies and the public. 9. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Graduate of an accredited college or university with a bachelor's degree in urban planning, geography or related field (will accept candidates who have not yet completed their degree, but degree must be completed prior to hire); prefer minimum one year of experience in planning, housing, landscape architecture or related field. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. If operating a City vehicle must have an Iowa Driver's License and a good driving record based on the City of Waterloo driver performance criteria. A candidate with any of the following will be eliminated from operating a City vehicle: 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 loss of driving privileges with a City vehicle 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; a combination of three or more at -fault accidents within a three year period. Applicant's driving record will be reviewed prior to an offer of employment. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to respond to questions from the public, public officials and coworkers in person or on the telephone and make oral presentations. 2. Sufficient personal mobility that permits the employee to safely operate a passenger vehicle, travel inside and outside in all weather, review development sites for rezoning or rehabilitation and attend meetings. 3. Sufficient vision and manual dexterity that permits the employee to operate a personal computer, use cartographic and drafting instruments, review plans and development or rehabilitation sites, handle files and perform other administrative and technical duties. Page 149 of 443 MISCELLANEOUS 1. The City of Waterloo reserves the right to require a physical examination, including 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 job classification. 2. The City of Waterloo will conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. 3. Must submit to and pass Civil Service examination procedures including an oral interview. WORK SCHEDULE Generally 8:00 a.m. to 5:00 p.m. Monday through Friday with a one hour unpaid lunch although schedule may need to be adjusted based on meeting schedule. Must also be available for department or City activities or meetings that require the attendance of the Planner I. May be significant number of evening meetings. Limited overtime. EXAMINATION INFORMATION All qualified candidates who apply by the deadline date will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on passing a background investigation on any applicant being considered for this position. ORAL EXAMINATION DATE Qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. PLANNER I AUGUST 2024 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 150 of 443 CITY OF ��J J�TERLOO Community of Opportunity October 18, 2024 TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 Phone: (319) 291-4303 Fax: (319) 291-4569 CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Planner I for the City of Waterloo, Planning and Zoning. This list shall be used to fill any vacancy in the Planner I classification from October 18, 2024 — October 18, 2025. Respectfully submitted, pr. �¢v �^^' S�oxEO 10/18/20241067 AM El CERTIFIED LIST Joseph Geilman Adarsh Tummala Dr. Bev Smith Date Dr. Robert Welch Date 'Mortara & Kurtenbach 10/21/2024 10'.55 AM El Marianne Kurtenbach Date Page 151 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Communication from the Planning & Zoning Department on the notice of the conclusion of employment of Adrienne Miller, Planner II, effective November 1, 2024, with recommendation of approval of payout of $4,053.76 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. A. MILLER PAYOUT 12.2.2024 Page 152 of 443 Page 153 of 443 CITY OF 4J41TERLOO IOWA Community of Opportunity Today's Date: 11/15/2024 Department: Effective Date: 11/1/2024 Job Classification: Employment Date: 11/26/2013 Employee Name: City Council Notice of Employment Severance Planning & Zoning Planner II Adrienne Miller The employment with the named City of Waterloo employee has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ▪ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Vacation -Accrued Vacation -Current Usable Sick Leave Casual Hours Comp Time Pay Unscheduled Leave Other Pay (Bday) Total Hours (x) Hourly Rate Payout Comments 100 $ 5.3 $ 7.75 $ 1.94 $ 0 $ 0 $ 0 $ 37.13 37.13 37.13 37.13 37.13 37.13 37.13 25% $ Total Payment I� 3,713.00 196.79 71.94 72.03 4,053.76 Approved by cfiadet3oa Date 11/15/2024 lV Lk k v ECierch.e-La- Human Resources Date 11/18/2024 Council Agenda Date: 12/2/2024 KMW Page 154 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department December 2, 2024 AGENDA ITEM TITLE Motion to receive and file the Airport Board minutes of September 25, 2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Airport Board Meeting Minutes, September 25, 2024 Page 155 of 443 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, September 25, 2024 I. ROLL CALL Chair, Scott Voigt, called the meeting to order at 12:00 p.m. Board Members Present: Scott Voigt, Gwenne Berry, Arlene Humble. David Deeds, Chris Bering, Katy Susong City Officials Present: Adrienne Miller, Planning City Officials Absent: John Chiles, Ray Feuss, Council Liaisons Airport Staff Present: Steven Kjergaard, Sheila Combs Additional Attendees: Christina Cole, Advance Aviation; David 1-Hughes, AECOM; Amanda Newton and Bob Petersen, Livingston Aviation. II. AGENDA AS RECEIVED OR AMENDED No changes. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Kjergaard asked if there were any questions about the written report. Mr. Voigt asked for an update on the Taxiway project. Mr. Kjergaard stated that runway 18/36 is scheduled to be open on October 1.1 `h and the project is supposed to be completed by October 25'h. Mr. Voigt also asked for an update on the parking lot project. Mr. Kjergaard stated that all materials have been received by the contractor and they should start hanging steel soon. Mr. Deeds asked for an update on the security upgrades project. Mr. Kjergaard stated that plans, specifications and permission to seek bids would be on the October 7th Council meeting, with bids to be opened on October 24`11. Discussed expected cost of project and where funds would be coming from. 1 Page 156 of 443 B. Misc. Monthly Airport Reports Mr. Bering asked what grant money was received in August. Mrs. Combs stated that all remaining funds from the CRRSA grant, plus all ARPA funds have been received. V. BOARD APPROVAL A. Approval of Minutes of the August 28, 2024 Meeting Mrs. Humble moved approval of the minutes of the August 28, 2024 meeting, seconded by Ms. Susong. Ayes: 5. Motion carried. B. Motion to Receive and File August 2024 Expenses Ms. Susong moved that the August 2024 expenses be received and filed, seconded by Mrs. Humble. Ayes: 5. Motion carried. VI. OLD BUSINESS Mr. Voigt mentioned that he'd like to see plans for a future car rental center, expanded air service and additional revenue streams remain on the agenda as items for continued discussion. VII. NEW BUSINESS A. Advance Media Update — Christina Cole Christina Cole spoke about plans for upcoming campaigns, then played a video of Kayleigh Tarbett, who spoke about previous campaign themes and stated that she has started working on ideas for next year. Ms. Cole then went over the results of the current year campaign and discussion followed. B. Discussion of Alternative Dates for October Meeting Mr. Kjergaard stated that, in addition to the October meeting, alternative dates may be needed for November and December, due to the timing of Thanksgiving and Christmas. Mrs. Humble suggested cancelling the October meeting and moving November up to the second Wednesday, November 13th, and moving the December meeting up one week, to the 18'1'. All in attendance agreed to this schedule. C. Discussion of Coals Due to the length of the meeting, this item was tabled. Will move it to the November agenda. VIII. STAFF AND BOARD MEMBER COMMENT None. 2 Page 157 of 443 IX. ADJOURNMENT Mr. Deeds moved the meeting be adjourned at 1:18 p.in seconded by Mrs. Humble. Ayes: 4. Motion carried. Respect cott Voi_t, Chairperso 3 Page 158 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department December 2, 2024 AGENDA ITEM TITLE Liquor Licenses a. Carlos O'Kelly's, Inc., 2060 Sovis Drive, Class C Alcohol/Outdoor Service/Catering w/Sunday Sales (Renewal) Exp: 12/30/2025. b. Knights of Pythias - Furgeson Lodge #5, 244 Ash Street, Class B Retail Alcohol/Outdoor Service w/Sunday Sales (New) Exp: 11/22/2025. c. Locker Room Lounge, 1918 Hawthorne Avenue, Class C Alcohol/Outdoor Service w/Sunday Sales (Renewal) Exp: 12/31/2025. d. Three Amigos Family Restaurant, 2820 Falls, Avenue, Class C Alcohol w/Sunday Sales (Renewal) Exp: 08/24/2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 159 of 443 ATTACHMENTS None Page 160 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department December 2, 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 12.02.24 Page 161 of 443 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL December 2, 2024 101323724 HARTCO CABLE, INC. GENESEO, IL SYA4191 HASIB REKIC WATERLOO, IA CMS0349034 METRO FIBERNET, LLC OVERLAND PARK, KS 2497040 RICHARD BIECHLER ELECTRIC, LLC; IDEAL CONSTRUCTION, LLC DUBUQUE, IA DBA ADVANCED DIRECTIONAL DRILLING B150060190 STRICKERT CONSTRUCTION JESUP, IA Page 162 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department December 2, 2024 AGENDA ITEM TITLE Receive and file the 2025 Budget of the Waterloo Telecommunications Utility and authorize City Clerk to file said documents with Black Hawk County Auditor. 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. Utility Budget Forms 2025 Page 163 of 443 Aug-14 Waterloo Telecommunications Utility NAME OF ENTERPRISE (specify budget years) REVENUES DETAIL Budget 2025 Re -Estimated 2024 Department of Management 2025 (specify if budget is fiscal or calendar year) Actual 2024 Beginning Fund Balance 390 418,500 0 0 Use of Money & Property 398 Charges for Services: Hospital 411 Water 404 Sewer 405 Electric 406 Gas 407 Telecommunications 408 2,152,000 5,000 0 Total Charges for Services 414 2,152,000 5,000 0 Miscellaneous 416 Other Financing Sources: Operating Transfers In 417 Proceeds of Long Term Debt 418 29,350,000 20650000 Proceeds of Fixed Asset Sales 419 Total Revenues - All Sources 421 31,920,500 20,655,000 0 (specify budget years) EXPENDITURES DETAIL Budget 2025 Re -Estimated 2024 Actual 2024 Expenditures: Hospital 338 Water 360 Sewer 357 Electric 361 Gas 362 Telecommunications 363 31,695,159 20,236,500 Total Expenditures: 386 31,695,159 20,236,500 0 Transfers Out 387 0 Ending Fund Balance 388 225,341 418,500 0 Total Expenditures & Transfers Out 389 31,920,500 20,655,000 0 Page 164 of 443 ADOPTED BUDGET CERTIFICATE CERTIFICATION To: Waterloo City Council At a meeting of the Waterloo Water Works Board of Trustees, held after public hearing as required by law, (Governing Board) on November 18, 2024, the proposed budget for calendar year 2025 was adopted as summarized and attached hereto. Telephone Area Code (319) 232-6280 Chad Coon Board Secretary Address P.O. Box 27, 325 Sycamore Street Waterloo, Iowa Zip 50704 Record of Public Hearing and Adoption of Budget: On November 18, 2024, Waterloo Water Works Board of Trustees met for the purpose of conducting a public hearing on the proposed CY 2025 budget as published. Notice of time and place of hearing had been published on October 29, 2024 in the Waterloo Courier and the affidavit of publication was available to file with the City Council. The budget estimate was considered and taxpayers and residents heard for and against said estimate were as follows: No oral or written comments were received. After giving opportunity for all desiring to be heard, the Board adopted the following budget resolution: A RESOLUTION ADOPTING THE BUDGET FOR THE CALENDAR YEAR ENDING DECEMBER 31. 2025. BE IT RESOLVED by the Waterloo Water Works Board of Trustees: The budget for calendar year ending December 31, 2025, as set forth in the Adopted Budget Summary and in the detailed budget in support thereof showing the estimated revenues and expenditures for said calendar year is adopted, and the Secretary is directed to make the filing required by law and to set up the books in accordance with the summary and detail as adopted. Passed and approved on November 18, 2024, by the following vote: (list names) Ayes: Potter Wall Wienands Attest: Nays: None Absent: None ate/D Chairperson Secretary Chad Coon Page 165 of 443 WATERLOO WATER WORKS NAME OF ENTERPRISE REVENUES & OTHER FINANCING SOURCES EX Exc ADOPTED BUDGET SUMMARY Budget CY 2025 Re -Estimated CY 2024 CALENDAR YEAR 2025 Actual CY 2023 Use of Money and Property (line 398) 241 271 301 Charges for Services (line 414) 243 $ 11,637,750 273 $ 11,636,903 303 $ 11,460,175 Miscellaneous (line416) 245 $ 1,290,000 275 $ 2,397,034 305 $ 2,170,076 Operating Transfers In (line 417) 247 277 307 Proceeds of Long Term Debt/FEMA (line 418) 248 278 308 Proceeds of Fixed Asset Sales (line 419) 249 279 309 Total Revenues & Other Financing Sources 250 $ 12,927,750 280 $ 14,033,937 310 $ 13,630,251 'ENDITURES & TRANSFERS OUT Expenditures (line 386) 255 $ 18,339,000 285 $ 15,883,292 315 $ 13,185,255 Transfers Out (line 387) 259 289 319 Total Expenditures & Transfers Out 260 $ 18,339,000 290 $ 15,883,292 320 $ 13,185,255 ass of Revenues & Other Sources Over (under) Expenditures & Transfers Out 261 $ (5,411,250) 291 $ (1,849,355) 321 $ 444,996 Beginning Fund Balance as originally reported (line 390) 262 $ 21,715,384 292 $ 23,564,739 322 $ 23,119,743 Adjustment to actual Beginning Fund Balance as restated January 1 Ending Fund Balance December 31 (line 388) 263 $ 16,304,134 293 $ 21,715,384 323 $ 23,564,739 (line XXX) is line reference from the detail page Page 166 of 443 WATERLOO WATER WORKS NAME OF ENTERPRISE RESOURCES DETAIL Beginning Fund Balance, January 1 Use of Money & Property Charges for Services: Hospital Water Sewer Electric Gas Total Charges for Services Miscellaneous Other Financing Sources: Operating Transfers In Proceeds of Long Term Debt/FEMA Proceeds of Fixed Asset Sales Total Resources Budget CY 2025 CALENDAR YEAR 2025 Re-Estimted CY 2024 Actual CY 2023 390 $ 21,715,384 $ 23,564,739 $ 23,119,743 398 411 404 $ 11,637,750 $ 11,636,903 $ 11,460,175 405 406 407 414 416 $ 1,290,000 $ 2,397,034 $ 2,170,076 417 418 419 421 $ 34,643,134 $ 37,598,676 $ 36,749,994 Expenditures: Total Expenditures: REQUIREMENTS DETAIL Hospital Water Sewer Electric Gas Transfers Out Ending Fund Balance December 31 Total Requirements Budget CY 2025 Re -Estimated CY 2024 Actual CY 2023 338 360 $ 18,339,000 $ 15,883,292 $ 13,185,255 357 361 362 386 $ 18,339,000 $ 15,883,292 $ 13,185,255 387 388 $ 16,304,134 $ 21,715,384 $ 23,564,739 389 $ 34,643,134 $ 37,598,676 $ 36,749,994 Page 167 of 443 THE COURIER AFFIDAVIT OF PUBLICATION Waterloo -Cedar Falls Courier 6915 Chancellor Drive Cedar Falls 50613 (319) 291-1400 State of Pennsylvania, County of Lancaster, ss: Rachel Cozart, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Waterloo -Cedar Falls Courier, a publication that is a "legal newspaper" as that phrase is defined for the city of Cedar Falls, for the County of Black Hawk, in the state of Iowa, that this affidavit is Page 1 of 2 with the full text of the sworn -to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: PUBLICATION DATES: Oct. 29, 2024 NOTICE ID: ypdvCad5jgaZnbwEPnt7 PUBLISHER ID: COL-IA-601189 NOTICE NAME: Notice of Public Hearing Publication Fee: $83.41 .sec „(4- (Signed) VERIFICATION State of Pennsylvania County of Lancaster Commonwealth of Pennsylvania - Notary Seal Nicole Burkholder, Notary Public Lancaster County My commission expires March 30, 2027 Commission Number 1342120 Subscribed in my presence and sworn to before me on this: 10/30/20 Notary. Public Notarized remotely online using communication technology via See Proof on Next Page 4 Proof. Notice of Public Hearing - Page 1 of 2 Page 168 of 443 NOTICE OF PUBLIC HEARING Budget Estimate Waterloo Water W o rls,Wate rlco,. Iowa The Waterton WaterWorks Soar./ of rustees will conduct a public hearing on the proposed calendar year 2025 budget at the Waterloo Water Works Office 325 Sycamore Street on November 18 2024 , beginning at 8.30 o'clock A.M. The Budget Estimate Summary e1 proposed revenues and expenditures Is shown below. Copies of the detailed proposed 2025 budget may be obtained or viewed at the office of the Waterloo Water Works. 325 Sycamore Street, Waterloo, Iowa . At the public hearing, any resident may present objections to, or arguments in favor of any part o1 the proposed budget. October21.2024_ !e+ 0thad Coon Secretary BUDGET ESTIMATE SUMMARY Budgget Re -estimated Actual Revenue & Other Financial Sources 2025 2024 2023 Use of money and property Charges tor services $ 11,637,750 $11,635,903 $ 1 i,460,175 Miscellaneous $1,263,000 $2,397,034 $2,170,076 Other Financing Sources Total Revenues & Financing Sources $ 12,900,750 $ 14,633,937 $ 13,630,251 Expenditures & Transfers Out Expenditures Transfers Out Total Expenditures & Transfers Out Excess of Revenues & Other Sources (+) (-) Expenditures & lansfers Out Beginning Fund Balance as originally reported Ending Fund Balance December 31 COL-IA-601189 $ 18,393,788 $ 18,343,788 $ (5,493.038) $ 21 ,715,384 $ 16,220,345 $ 15.883,292 $ 15.883,292 $ (1,849,355) $ 13,185,255 $ 13,185,255 $ 444,9913 $ 23,554,739 $ 23,119,743 $ 21,715.384 $ 23,564,739 Notice of Public Hearing - Page 2 of 2 Page 169 of 443 WATERLOO WATER WORKS 2023 OPERATING REPORT WATERLOO W WORKS Page 170 of 443 WATERLOO WATER WORKS 2023 ANNUAL REPORT TO THE BOARD OF TRUSTEES AND THE CITIZENS OF WATERLOO General Remarks I am pleased to present the Waterloo Water Works' 2023 Annual Report to the Board of Trustees and the citizens of Waterloo, Iowa. The team members of the Water Works have collaborated in preparation of this report to highlight financial, water distribution, water production and customer service performance milestones that were achieved throughout the year in 2023. The Water Works added or replaced 15,559 feet of water main in 2023. Pumpage for 2023 ended the year up 7.17°/0 compared to the previous year, and water sales revenue ended the year up 7.7% on a year-to-year basis. In 2023 there were two large projects that were related to water production that were either started or ongoing. The first project related to water production was the rehabilitation and upgrade for Well 22. This project will require new process piping, electronic SCADA controls and a new backup emergency generator. The second was a similar project for Wells 14 & 16. Work on Wells 14 & 16 was delayed to ensure that Well 22 would be operational and able to meet production demand. Unfortunately, Well 22 was not finished until early 2024, so only minimal demolition work was initiated at Wells 14 & 16. Another project that saw discussion and the beginning of design was the placement of a booster station for the Orange Neighborhood. Site selection and discussion with property owners to happen in earnest in 2024. On the distribution side of operations, work continued to finish up water main renewal at Grand Boulevard, Four Seasons and Winter Ridge area of northwest Waterloo with pacing rehabilitation and seeding of disturbed lawn areas; water main along Hammond Avenue between Orange Road and Washburn Road due to a new bridge project for the City saw 12-inch water main moved to the west. The Park Avenue bridge had water main suspended from it during 2023 with the system operational in early 2024; preliminary design on the La Porte Road water main replacement was undertaken to coincide with the City of Waterloo's street reconstruction. This will also be a several year, multi -phase project similar to University Avenue. The west end loop of the Heartland Hills neighborhood was installed and is operational, waiting for the next phase to connect and replace water main along Heartland and Fleur, which saw design completed and easements obtained for a 2024 bid letting. Due to continued high production numbers from field staff, management was presented with a request for obtaining some new equipment, namely a skid steer and trailer. The Board agreed to these purchases and equipment was purchased locally through Black Hawk Rentals and immediately put to use. The Water Works also participated with year one of a three year commitment to fund our portion of the Fiber Backbone Project with Waterloo Fiber. In 2024, the Waterloo Water Works plans to continue on an aggressive path to repair, replace, or upgrade critical system assets, while also planning for the future. Page 1 Page 171 of 443 Projects scheduled for major investments in 2024 include continuation of the annual water main replacement programs associated with City of Waterloo street reconstruction projects; completion of construction on the Park Avenue Bridge replacement; replacement of water main in the Heartland Hills neighborhood to be completed in phases; beginning of work for the Well 14 VFD and process piping project and a similar project at Well 16; work on the reservoir spalling and pipe tunnel repair project; La Porte Road water main replacement in conjunction with City of Waterloo street rehabilitation; design work for Wells 15 & 17 with new process piping, electrical, emergency generator and SCADA upgrades; and design work on Phase 2 of the La Porte Road street rehabilitation which will include a larger section of water main replacement. The Waterloo Water Works is indebted to Board of Trustees' members Mary Potter, Scott Wienands and Thomas E. Wall, who continue to provide the guidance, support and leadership that this utility relies on as we serve the great customers of the City of Waterloo. Respectfully submitted, Chad Coon, General Manager Page 2 Page 172 of 443 TO THE BOARD OF WATER WORKS TRUSTEES Mary H. Potter, Chair Scott Wienands, Vice -Chair Thomas E. Wall, Trustee Members of the Board: I herewith submit the following Operating Report of the Waterloo Water Works for the year ending December 31, 2023. The following tables show selected revenue and expenditures for the year ending December 31, 2022 as compared with the year ending December 31, 2023. A full disclosure of the Waterloo Water Works' financial information can be obtained from the annual audit report. The following figures reflect audited amounts. Revenue Metered Water -Net Rates Fire Protection Capital Contributions Billboard, Antenna & Farm Rent Interest Earned Other Revenue Total Revenue Dec. 31, 2022 $10,511,759 92,296 59,889 276,886 338,657 1,002,745 Operating Expenses Salaries and Benefits Contractual Services Commodities Interest Expense Loss on Disposal of Capital Assets Depreciation Other Expenses Total Expenditures Net Revenue Total Assets Total Liabilities Total Net Assets Tax Money Received Bonded Indebtedness $12,282,232 $3,826,906 896,681 2,029,856 0 0 1,395,447 0 $ 8,148,890 $ 4,133, 342 $66,443,144 5,911,257 $60,531,887 $ 0 $ 0 Dec. 31, 2023 $11,207,273 93,806 78,781 252,446 1,035,562 1,167,934 $ 13,835,802 $4,050,835 1,053,511 2,503,868 0 0 1,761,837 0 $ 9,370,051 $ 4,465,751 $71,309,693 6,312,055 $64,997,638 0 0 Page 3 Page 173 of 443 The following amounts were expended for Capital Improvements and Extraordinary Items during the year ending December 31, 2023 as compared to the year ending December 31, 2022. Autos, Trucks and Distribution Vehicles & Equipment Small Equipment for Distribution/Meter Dept. Safety Equipment Backflow Prevention Program Misc. Water Main Extensions Misc. Water Main Work as part of City Projects Annual Water Main Replacement Programs Pumping Station and Well House Improvements SCADA, Radio and Sensor Improvements Computer Equipment and Software Office, Security , and Building Equipment Pump Station Maintenance & Stabilization University Avenue Main Replacement AMR/AMI Metering Park Avenue River Crossing Replacement La Porte Road Water Main Replacement (Phase 1) Well 22 VFD and Replacement Standby Power Lost Island (Shaulis 20") Water Main Project Hwy 20 Crossing (Kimball/ W. 4th) Hammond Ave. Sink Creek Crossing Water Tower Mid-life Refreshing Grand Blvd -Four Seasons Water Main replacement Heartland Hills Subdivision Water Main replacement Hyper Drive Water Main Extension Corrosion Control Source Entry Point Installation Well 14 VFD, Process Piping and Standby Power Reservoir Spalling and Pipe Tunnel Repair Well 16 VFD, and Standby Power Orange Area Boosted Pressure Zone City of Waterloo Fiber Optic Backbone Project GIS-Mapping-CMMS-Doc. Mgmt.-Modeling Preliminary Work on CMMS Project (2020 amounts restated from previous report) Jan. 1, 2022 to Dec. 31, 2022 346,184.25 15,056.44 1,338.53 3,651.94 109,338.24 4,702.25 37,386.35 85,750.00 15,323.29 6,425.12 13,099.81 6,800.00 48,665.47 490,990.16 10,552.50 2,158.45 70,245.75 307,868.66 165,476.79 13,067.69 483,279.17 669,422.36 51,585.00 118,099.25 429,443.67 0.00 0.00 0.00 0.00 0.00 67,642.04 24, 712.50 Jan. 1, 2023 to Dec. 31, 2023 117,927.11 10,141.28 1,055.00 2,304.72 224,073.39 48, 793.05 143,847.12 163,380.12 26,939.33 13,699.27 4,261.85 40,250.00 16,252.53 325,932.24 10,572.50 56,858.46 596,486.19 367,817.92 39,005.08 218,430.00 22,525.00 152,736.66 537,677.91 6,215.75 291,251.73 157,157.44 20,159.35 32,660.00 7,390.00 1,000,000.00 56,915.02 23,840.00 $3,598,265.68 $4,736,556.02 Page 4 Page 174 of 443 The following data is used to compute the comparative cost per 1,000 gallons pumped. PunnpagainGallons Operating Revenue Non -Operating Revenue Total Revenue 4.106.188.000 /[465.103.000 $10.004.055 $11.301.079 1.878.177 2.534.723 $12.282.232 $13.835.802 Salaries and Benefits $3.820'081 $4.050.835 Contractual Services 896,681 1,053.511 Commodities 2'029,856 2'503'868 Depreciation 1,395.447 1,761.837 Interest Expense 0 O Loss oDDisposal 0fCapital Assets 0 0 Other Expenses O 0 Total Expenses $8.148.890 $9'370.051 Net Revenue $4.133.342 $4.405.751 The following tabulation shows the revenue per 1.000gallons pumped for the year ending December 31'2023@6compared with the year ending December 31.2022. Operating Revenue Non -Operating Revenue Total Revenue Oec.31.3032 2.5453 0.4028 2,9481 Oeo.31.2023 2.5317 0.5678 3.0995 Salaries and Benefits 0.9185 0.9072 Contractual Gonvioee 0.2152 0.2360 Commodities 0.4872 0.5508 Depreciation 0.3349 0.3348 Interest Expense 0.0000 0.0000 Loss onDisposal OfCapital Assets 0.0000 0.0000 Other Expenses 0.0000 0.0000 Total Expense 1.8558 2.0388 Net Revenue 0.9923 1.0607 Distribution and Transmission Distribution Department Manager Meter Room Manager Distribution Foreman Ryan Manahl David Cunningham Ross Fagerlind This department is responsible for construction, maintenance and customer service related to water mains, vehicles and metering. Water Main Construction: During the year ending December 31, 2023, ductile iron water main extensions were made as follows: Location Ogden Avenue (dead end correction) Indiana Street (dead end correction) Acorn Lane (dead end correction) Linden Street (dead end correction) Total 6" Main all ductile iron Ralston Road [ductile iron] Moonlight Drive [PVC] Paradise Boulevard [PVC] Prosperity Drive [PVC] Wall Street [PVC] Total 8" Main Heath Street Phillip Caldwell Drive Tower Park Drive Total 12" Main all ductile iron E. 4th Street W. San Marnan Drive Total 16" Main all ductile iron MAIN FOOTAGE PAID BY WWW MAIN FOOTAGE PAID BY DEVELOPER TOTAL WATER MAIN INSTALLED Water Main Replacement: Main Size 6" 6" 6" 6" 8" 8" 8" 8" 8" 12" 12" 12" 16" 16" Number Feet 334 407 389 1,415 2,545 486 1,010 1,371 247 1,178 4,292 1,209 1,330 1,375 3,914 1,622 1,214 2,836 2,545 1 '1, 042 13,587 MILES 2.57 Funding Source Waterloo Water Works VVaterloo Water Works Waterloo Water Works Waterloo Water Works Paid by Developer Paid by Developer Paid by Developer Paid by Developer Paid by Developer Paid by Developer Paid by Developer Paid by Developer Paid by Developer Paid by Developer During the year ending December 31, 2023, the following ductile iron (unless indicated) water main replacement projects were completed as follows: Main Size 8" 12" 12" 20" Location Heartland Hills Phase 1 [PVC] Hammond Avenue at Sink Creek [mixture] La Porte Road/ Hess Road E. Shaulis Road Number Feet 2,897 1,183 832 4,885 Funding Source Waterloo Water Works Waterloo Water Works Waterloo Water Works Waterloo Water Works TOTAL WATER MAIN REPLACED MILES 9,797 1.86 Page 6 Page 176 of 443 Pipe System Inventory: The following table shows the total number of feet, number of miles and the percentage of different size ductile, cast iron, and PVC mains that comprise the water distribution system inside the Waterloo city limits, installed from 1886 to December 31, 2023. Size Abandoned Constructed Net Gain Total Number of 2023 2023 2023 of Feet in Number Pipe Ln. Ft. Ln. Ft. Ln. Ft. System of Miles Percentage 4" 0 0 0 8,870 1.68 0.43 6" 1,161 2,545 1,384 960,391 181.89 46.30 8" 0 7,189 7,189 338,012 64.02 16.30 10" 0 0 0 40,201 7.61 1.94 12" 1,815 5,829 4,014 513,747 97.30 24.77 14" 0 0 0 4,611 0.87 0.22 16" 0 0 0 110,194 20.87 5.31 20" 4,749 4,885 136 97,673 18.50 4.71 24" 0 0 0 469 0.09 0.02 TOTAL 7,725 20,448 12,723 2,074,168 392.83 100.00 Net Gain in 2023: 2.41 Miles Kimball Avenue Rural Water System: The following table shows the total number of feet, number of miles and the percentage of different size DR21 PVC pipe that comprises the Kimball Avenue rural water system as of December 31, 2023. Size Total Number of of Feet in Number of Pipe System Miles Percentage 2" 6,036 1.14 9.66 3" 17,492 3.31 27.98 4" 8,270 1.56 13.23 6" 30,717 5.82 49.14 TOTAL 62,515 11.84 100.00 The following table shows the number of feet of pipe of the different sizes in the flow and well lines now used to deliver water from the well field to the reservoirs. Sizes of Number of Pipe Feet 8" 580 10" 600 12" 1,348 16" 13,981 20" 10,378 24" 600 TOTAL 27,487 Page 7 Page 177 of 443 Valve Inventory: Size 2" 4" 6" 8" 10" 12" 16" 20" Gained 2023 Waterloo System 0 0 55 35 1 16 3 -1 Total Valves in System 3 69 5,153 947 178 1,156 169 79 7,754 Valves in Flow & Well Lines as of December 31, 2023: 50 Hydrant Inventory: Hydrants in Service January 1, 2023 3,381 Additions Due to New Main Construction 38 New Installation Cut -In 3 Hydrants Eliminated 6 Net Gain 35 Hydrants in Service December 31, 2023 3,416 Hydrant Maintenance: Hydrants Repaired in Place 8 Hydrants Replaced 26 Hydrants Inspected and/or Flushed 3,205 2022 2023 Broken Hydrants (typically hit by vehicles) 8 13 Frozen Hydrants 8 5 Frozen Mains 0 0 Main Leaks Repaired (joint leak, pin hole) 5 5 Broken Mains (sheared, cracked, longitudinal) 63 68 Private Service Lines Leaks 123 101 Private Service Line Terminations 62 72 The Distribution Department operated and serviced hydrants and valves where required. Page 8 Page 178 of 443 Vehicle Record: Report of operation cost for the year ending December 31, 2023. 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CO 0) 0 r N O r N M LO CO r r r r r r r r r N N N M M M M M M M TOTAL HOURS Page 9 Page 179 of 443 Meter Operations: 2022 2023 Meters in Service as of January 1 26,601 26,710 Meters Removed for Servicing -538 -1,305 Meters Reset at Existing Accounts 575 1,275 Meters Set for New Accounts 72 67 Total Meters Set 647 1,342 Net Accounts Gain/Loss 109 37 Meters in Service as of December 31 26,710 26,747 Meter Repair Work: 2022 2022 Frozen — Base Replacement 83 57 Dead — Piston, Gear or Register 45 7 Replacement Junked Meters 365 1,210 Meters Removed from Vacated Residences 45 31 Leaky Meters — Bases Replaced 0 0 Miscellaneous Repairs 0 0 Meters Challenged for Accuracy by Resident 538 1,305 0 0 Radio Readers in Service: Overall system = 20,800+ radios for all areas we service, which include close to 29,000 accounts, more than 71% of the system has had a radio read smart point installed. Page 10 Page 180 of 443 WATER PRODUCTION Water Production Manager Pumping Station Foreman Travis Larson Gabe Smutz During the year ending December 31, 2023, the water pumpage has decreased 5.68% from the previous year. Total Pumpage in Gallons Daily Average Lowest Day Lowest Day Pumpage. Highest Day Highest Day Pumpage 2022 4,166,186,000 11,414,208 December 25 7,166, 000 June 23 16,014,000 2023 4,465,103,000 12,199,734 December 24 7,434,000 August 24 17,868,000 The record of pumpage for the year ending December 31, 2021, as compared with the year ending December 31, 2022, is as follows: 2022 2023 January 332,097,000 324,273,000 February 313,529,000 *287,512,000 March 332,617,000 311,646,000 April *307,264,000 346,977,000 May 370,236,000 413,093,000 June **394,000,000 427,763,000 July 393,056,000 425,085,000 August 392,911,000 **473,990,000 September 357,504,000 416,963,000 October 345,682,000 370,883,000 November 309,712,000 335,042,000 December 317,578,000 331,876,000 TOTAL GALLONS 4,166,186,000 4,465,103,000 * Indicates lowest month's pumpage. ** Indicates highest month's pumpage. Consumption Registered on Customers' Meters City Meters - Free Rate Water loss from Reservoir (calculated) Other Metered Sales Unaccounted for Water Including the Following: (Flushing water mains to prevent system freeze up, new main construction, routine flushing water mains, hydrant flushing and inspection, fire protection, street sweeping, pre -metered construction, sewer flushing, main leaks and service line leaks.) Gallons 3,508,514,196 181,416,541 72,299,000 3,594,888 699,278,375 Percent 78.58 4.06 1.62 0.08 15.66 100.00% A record of the percent of accounted for water through customers' meters, city meters and calculated reservoir Toss is as follows: 2018 2019 2020 2021 82.81 % 88.60% 85.07% 83.62% 2022 81.67% 2023 84.34% Page 11 Page 181 of 443 2023 Water Supply Analysis Average of all Wells in the System (Milligrams per Liter Unless Otherwise Noted) The Waterloo Water Works conducts an extensive water quality monitoring program to confirm that the drinking water is always safe and always of the highest quality. The following are the results of the water quality program for 2023. I. Analyte The following results are based on representative samples from the distribution systern. Maximum 2021 2022 2023 Allowable Chemical Test Test Test Limit Total Trihalomethane (ppb) 16.0 14.7 11.8 80 Total Haloacetic Acids (ppb) 6.0 <5.0 <5.0 60 Fluoride (ppm) 0.71 0.73 0.77 4 Sodium (ppm) 14.0 14.0 15.5 NR Chlorine (ppm) 1.00 1.10 1.10 4 II. Nitrates - MCL for nitrate is 10 mg/L Maximum Allowable 2022 2023 Well No. Limit Average (ppm) Average (ppm) Well Field 7-13 10 4.3 5.1 14 10 7.2 7.0 15/17 10 0.9 <0.6 16 10 7.2 7.3 18 10 4.2 4.7 19 10 2.9 2.6 20 10 6.3 6.0 21 10 0.7 <0.6 22 10 7.9 N/A Page 12 Page 182 of 443 WATERLOO WATER WORKS WATER ANALYSIS 2023 Maximum Contaminant Level INORGANIC CHEMISTRY pH Value Spec. Conductance Total Alkalinity mg/L Total Hardness mg/L Total Calcium Silica mg/L Total Dissolved Solids mg/L 6.5-8.5 Waterloo Water Analysis 7.5 468 umho/cm 211 mg/L 321 mg/L 87.6 mg/L 17.1 mg/L 405 mg/L Values below this point in mg/L or parts per million Magnesium Sodium Chloride Sulfate Ammonia (as N) Total Organic Carbon Iron Manganese Antimony Arsenic Beryllium Barium Cadmium Chromium Copper Fluoride Lead Mercury Nickel Nitrate (as Nitrogen) Selenium Silver Thallium RADIONUCLIDES Gross Alpha Radium 226 Radium 228 Combined Radium Uranium ND - Not Detected 28 15.6 250.000 41 250.000 64 0.26 ND 0.300 <0.1 0.006 0.006 ND 0.010 0.003 0.004 ND 2.000 0.13 0.005 ND 0.100 ND 1.300 0.192 4.000 0.77 0.015 0.0012 0.002 ND 0.100 ND 10.000 3.8 0.050 0.0019 0.005 ND 0.002 ND 15 pCi/L 2.81 pCi/L 5 pCi/L 0.42 pCi/L 5 pCi/L 0.47 pCi/L 5 pCi/L <1.0 pCi/L 30 ppb 1.7ppb Maximum Contaminant Level Waterloo Water Analysis Values below this point in mg/L or parts per million VOLATILE ORGANIC Halo Acetic Acids Trihalomethanes (THM) 1,1-Dichloroethylene 1,2-Dichloroethane 1,2-Dichloropropane 1, 2,4-Trichlorobenzene 1,1,1-Trichloroethane 1,1,2-Trichloroethane Benzene Carbon tetrachloride cis-1,2-Dichlroethylene Dichloromethane Ethylbenzene Monochlorobenzene 1,2-Dichlorobenzene 1,4-Dichlorobenzene Styrene Tetrachloroethylene Toluene trans 1,2-Dichloroethylene Trichloroethylene Vinyl Chloride Xylenes (Total) SYNTHETIC ORGANICS 2.4-D 2,4,5-TP (Silvex) Alachlor (Lasso) Aldicarb Aldicarb Sulfone Aldicarb Sulfoxide Atrazine Carbofuran Chlorodane Dalapon Dinoseb Diquat Endrin Endothall Lindane Methoxychlor Oxamyl (Vydate) 0.060 <0.005 0.080 0.0118 0.007 ND 0.005 ND 0.005 ND 0.070 ND 0.200 ND 0.005 ND 0.005 ND 0.005 ND 0.070 ND 0.005 ND 0.700 ND 0.100 ND 0.600 ND 0.075 ND 0.100 ND 0.005 0.0011 1.000 ND 0.100 ND 0.005 ND 0.002 ND 10.00 ND 0.070 ND 0.050 ND 0.002 ND 0.003 ND 0.003 ND 0.004 ND 0.003 ND 0.040 ND 0.002 ND 0.200 ND 0.007 ND 0.020 ND 0.002 ND 0.100 ND 0.0002 ND 0.040 ND 0.200 ND Page 13 Page 183 of 443 Water Production Operational Report 2023 The water operators collect and test over 72 bacteriological (coliform) samples per month throughout the distribution system. Additionally, more than 30 samples are collected and tested from the wells, water towers, individual residences, and special projects on a monthly basis. Over 1,100 bacteriological (coliform) samples were analyzed in 2023. Water operators test daily for free and total chlorine at the pumping station, wells and at various backup locations in the distribution system. A chlorine residual of at least 0.3 mg/L must be maintained in the system to provide continuous disinfection of the drinking water to the consumer's tap. In addition, all source entry points have real-time chlorine analyzers that are monitored by our operators to make sure that acceptable chlorine residuals are maintained at all times throughout the distribution system. Water operators test daily for orthophosphate residuals at the pumping station, wells and at various backup locations in the distribution system. An orthophosphate residual of at least 1.5 mg/L must be maintained in our system. The addition of orthophosphate for corrosion control was required by the Iowa Department of Natural Resources (IDNR). The Water Works started injecting orthophosphate November 1, 2022. Water operators test daily for Fluoride residuals at the pumping Station, wells, and at various backup locations in the distribution system. Our goal is to maintain an average of 0.70 mg/L in our distribution system per Center for Disease Control (CDC) recommendation. Keystone Laboratory checks one fluoride sample per month and the results are reported to the Iowa Department of Natural Resources. Water operators test daily for Nitrate concentration at all well locations in operation. The Water Works sends in samples to Keystone Laboratories from wells on a monthly, quarterly, and yearly basis in accordance to our Public Water Supply Operation Permit. In addition, three source entry points have real-time nitrate analyzers that monitor the nitrate concentration throughout the distribution system. The total number of coliform, chlorine, fluoride, orthophosphate, nitrate, pH and other water quality analyses conducted by Water Works personnel amounts to over 12,000 tests per year. Sampling is completed by staff as well as some analyses, but several analyses are conducted by outside testing laboratories for compliance. Maintenance and Repair Water Works' buildings and facilities are inspected and maintained daily. Electrical systems, SCADA (Supervisory Control and Data Acquisition) controls, roofs, pumps, standby diesel and natural gas generators, water lines and fencing are all repaired as needed to ensure the citizens of Waterloo an extremely reliable water system. The well grounds are maintained in such a way as to provide a park -like atmosphere. Mowing of grounds is contracted for 2023- 2025. Page 14 Page 184 of 443 Major maintenance and repairs for 2023 are as follows: All Well Houses -Continued routine maintenance and painting of buildings and piping -Installed new 12v/24v power supplies in PLC cabinet -Installed new building temperature sensor Kimball Tower -Dixon Engineering Cleaned Interior of tank and Inspected water tower Booster Station -Installed new 12v/24v power supplies in PLC cabinet -Installed new building temperature sensor Well #7 - Televised well casing and screen - Brushed and Air Shocked well casing and screen to shake loose debris -Air-Lifted to clean screen and bottom of casing -Installed new stainless steel line shaft and epoxy coated column pipe -Installed new Gould's 14RM 2 Stage Epoxy Coated Vertical Turbine Pump -Installed new US Motor 100hp Vertical Hollow Shaft Electric Motor Well #17 -Installed new surnp pump Well #19 -Installed new sump pump Page 15 Page 185 of 443 The following table shows the free water service rendered to the City of Waterloo at various metered locations. 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Page 186 of 443 OFFICE Office Manager Cassie Dufel Billing: Only active accounts Accounts Amount Billed shown Residential 24,214 $4,469,490.55 Commercial 2,460 $5,445,539.87 Industrial - John Deere 23 $ 680,317.94 Waterloo Schools 20 $ 54,856.74 Accounts — Waterloo 26,617 Subtotal $10,650,205.10 Raymond 323 $ 69,256.35 Washburn 379 $ 73,712.48 Washburn Rural 69 $ 19,365.56 Kimball Project 105 $ 37,489.64 Accounts — Outside City 876 Subtotal $199,824.03 Accounts — Grand Total 27,493 Total Billed Water Sales (unaudited) $10,850,029.13 Water Sales Other (By Invoice) $29,301.93 Fire Protection, Annual $98,316.18 3,786 Electronic Banking Customers 4,367 Final Bills Personnel: 12/31/21 12/31/22 12/31 /23 Admin & Office (Full-time) 12 12 12 Distribution & Meter Division 16 17 17 Pumping Station 7 7 7 35 36 36 Plus temporary summer hydrant painting employees. Waterloo Water Works also bills and collects sanitary sewer, storm sewer, garbage, yard waste and yard waste site maintenance billing for the City of Waterloo. Page 17 Page 187 of 443 WATERLOO WATER WORKS WATERLOO, IOWA DECEMBER 31, 2023 Page 188 of 443 Table of Contents Officials 1 Independent Auditor's Report 2-4 Management's Discussion and Analysis 5-8 Financial Statements Statements of Net Position 9 Statements of Revenue, Expenses and Changes in Net Position 10 Statements of Cash Flows 11 Statement of Fiduciary Net Position - Pension Trust Fund 12 Statement of Changes in Fiduciary Net Position - Pension Trust Fund 13 Notes to the Financial Statements 14-29 Required Supplementary Information Schedule of Contributions - Waterloo Water Works Pension Plan 30 Schedule of Changes in Net Pension (Asset) Liability and Related Ratios - Waterloo Water Works Pension Plan 31 Notes to Required Supplementary Information - Pension Liability - Waterloo Water Works Pension Plan 32 Schedule of Proportionate Share of the Net Pension Liability - Iowa Public Employees' Retirement System 33 Schedule of Contributions - Iowa Public Employees' Retirement System 34 Notes to Required Supplementary Information - Pension Liability - Iowa Public Employees' Retirement System 35 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards 36-37 Schedule of Findings 38-39 Page 189 of 443 Officials Name Title Term Expires Mary Potter Chair - Board of Trustees January 12, 2028 Scott Wienands Vice -Chair - Board of Trustees February 3, 2026 Thomas Wall Trustee May 13, 2025 Chad Coon Secretary, Treasurer and General Manager Indefinite Rick Wilberding Assistant General Manager Indefinite Cassie Dufel Assistant Treasurer and Office Manager Indefinite 1 Page 190 of 443 HOGAN• HANSEN A Professional Corporation Certified Public Accountants and Consultants Independent Auditor's Report Board of Trustees Waterloo Water Works Waterloo, Iowa Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the Waterloo Water Works, a component unit of the City of Waterloo, Iowa, as of and for the years ended December 31, 2023 and 2022, and the related notes to the financial statements, which collectively comprise the Waterloo Water Works' basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the Waterloo Water Works, as of December 31, 2023 and 2022, and the respective changes in financial position and cash flows thereof for the years then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Waterloo Water Works and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audits. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Waterloo Water Works' ability to continue as a going concern for 12 months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. 3128 Brockway Road, Waterloo, IA 50701-5103 • (319) 233-5225 • Fax (319) 233-3188 • E-Mail w@hoganhansen.com Member of American Institute of CPAs - Iowa Society of CPAs Ames • Ankeny • Cedar Rapids • Mason City • Waterloo 2 Page 191 of 443 Board of Trustees Waterloo Water Works Page 2 Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Waterloo Water Works' internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Waterloo Water Works' ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings and certain internal control -related matters that we identified during the audit. Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis, the schedule of contributions - Waterloo Water Works Pension Plan, the schedule of changes in net pension liability and related ratios - Waterloo Water Works Pension Plan, the schedule of the proportionate share of the net pension liability - Iowa Public Employees' Retirement System and the schedule of contributions - Iowa Public Employees' Retirement System on pages 5 through 8 and 30 through 35 be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We 3 Page 192 of 443 Board of Trustees Waterloo Water Works Page 3 have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated June 14, 2024, on our consideration of the Waterloo Water Works' internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Waterloo Water Works' internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Waterloo Water Works' internal control over financial reporting and compliance. 460 -. Ala 0 HOGAN - HANSEN Waterloo, Iowa June 14, 2024 4 Page 193 of 443 Waterloo Water Works Management's Discussion and Analysis December 31, 2023 The Waterloo Water Works' (Utility) discussion and analysis is designed to offer readers of the Utility's financial statements a narrative overview and analysis of the financial activities of the Utility for the years ended December 31, 2023 and 2022. Readers are encouraged to read the Management's Discussion and Analysis in conjunction with the Utility's financial statements, which begin on page 9. Financial Highlights The Utility's assets exceeded its liabilities by approximately $65 million as of December 31, 2023. Of this amount, approximately $25 million may be used to meet ongoing obligations to the citizens and creditors. The remaining net assets are invested in capital assets. The operating revenue of the Utility exceeded operating expenses by approximately $3.6 and $3.9 million for the years ended December 31, 2023 and 2022, respectively. As of December 31, 2023, the Utility's current assets of approximately $27.9 million exceeded total current liabilities by approximately $25.5 million. This excess is available for spending at the Utility's discretion. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the Utility's basic financial statements. The Utility is a single purpose component unit of the City of Waterloo, Iowa (City). The Utility provides water to its customers at rates designed to recover the cost of providing the water, including costs associated with installation and maintenance of water pumping, storage and transmission systems. As a result, the Utility prepares financial statements as a single enterprise fund in a manner similar to a private - sector business. The statements of net position present information on all of the Utility's assets and liabilities, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the Utility is improving or deteriorating. The statements of revenue, expenses and changes in net position present information showing how the Utility's net position changed during the year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of the related cash flows. Thus, revenue and expenses are reported in this statement for some transactions that will result in cash flows in the following year. The statements of cash flows present information showing major sources and uses of cash by four types of activities. The activities are operating; noncapital financing; capital and related financing; and investing. Also included is a schedule which reconciles income from operations to net cash provided by operating activities. Fiduciary funds are used to report assets held in a trust or custodial capacity for others which cannot be used to support the Utility's own programs. The fiduciary fund accounts for the pension trust fund. 5 Page 194 of 443 The required financial statements for fiduciary funds include a statement of fiduciary net position and a statement of changes in fiduciary net position. The basic financial statements can be found on pages 9 through 13 of this report. The notes to the financial statements provide additional information that is essential to a full understanding of the data provided in the basic financial statements. Notes are considered to be an integral part of financial statements prepared in accordance with generally accepted accounting principles. The notes to the financial statements can be found on pages 14 through 29 of this report. Financial Analysis As noted earlier, net position may serve over time as a useful indicator of an entity's financial position. The Utility's assets exceeded its liabilities by $65.0 million and $60.5 million on December 31, 2023 and 2022, respectively. The following is a summary of the composition of net position as of December 31: 2023 2022 Current assets $ 27,873,152 $ 26,723,817 Noncurrent, noncapital assets 3,478,291 2,437,916 Capital assets, net of accumulated depreciation 39,958,250 37,281,411 Total Assets 71,309,693 66,443,144 Deferred Outflows of Resources 1,840,130 2,131,186 Total Assets and Deferred Outflows of Resources .... $ 73,149,823 $ 68,574,330 Current liabilities $ 2,427,035 $ 2,261,713 Liabilities payable from restricted assets 214,583 190,248 Noncurrent liabilities 1,545,491 2,444,263 Total Liabilities 4,187,109 4,896,224 Deferred Inflows of Resources 3,965,076 3,146,219 Net Position Net investment in capital assets 39,958,250 37,281,411 Unrestricted 25,039,388 23,250,476 Total Net Position 64,997,638 60,531,887 Total Liabilities, Deferred Inflows of Resources and Net Position $ 73,149,823 $ 68,574.330 Net investment in capital assets is by far the largest portion of the Utility's net position, 61 % as of December 31, 2023, and reflect its net investment in capital assets (e.g., land, buildings, improvements, machinery, equipment, meters and water supply system). The Utility uses these capital assets to provide water and services to the citizens; consequently, these assets are not available for future spending. Unrestricted component of net position may be used to meet the Utility's ongoing obligations to citizens and creditors. It is the Utility's intention to use these assets for future operating purposes and capital asset acquisition and improvements. As of both December 31, 2023 and 2022, the Utility reported positive balances in both categories of net position. 6 Page 195 of 443 Governmental activities. Since the Utility is a single purpose enterprise, it has no activities classified as "governmental". The following is a summary of the changes in net position for the years ended December 31: 2023 2022 Operating revenue $ 12,951,574 $ 12,018,617 Operating expenses 9,370,051 8,148,890 Operating Income 3,581,523 3,869,727 Net nonoperating revenue 1,288,008 615,543 Capital contributions 78,781 59,889 Transfers to City of Waterloo (482,561) (411,817) Change in Net Position 4,465,751 4,133,342 Net Position - Beginning of Year 60,531,887 56,398,545 Net Position - End of Year $ 64,997,638 $ 60,531,887 Operating revenue is the Utility's primary source of revenue and is generated from water sales and other services to customers. For 2023, operating revenue increased $932,957 from 2022 due primarily to an increase in the number of gallons pumped during the year and an increase in rates. Operating expenses increased $1,221,161 from 2022 due primarily to increases in salaries and benefits, higher commodities cost and higher depreciation expense. Operating expenses included depreciation expense of $1,761,837 and $1,395,447 for the years ended December 31, 2023 and 2022, respectively. Net nonoperating revenue includes interest income and rent from leasing space for billboards and antennas. Net nonoperating revenue increased by $672,465 between 2023 and 2022 due primarily to higher interest rates received on deposits with financial institutions. Rent income totaled $252,446 and $276,886 for the years ended December 31, 2023 and 2022, respectively. Capital contributions totaled $78,781 and $59,889 for the years ended December 31, 2023 and 2022, respectively. These contributions are received as "front footage" fees as property is developed with resulting taps into the Utility's water distribution system and from private parties installing water main infrastructure in new developments. Transfers to City of Waterloo of $482,561 and $411,817 for the years ended December 31, 2023 and 2022, respectively, are equal to the value of metered water provided to the City at no charge. Operating revenue includes an amount equal to the transfer. The Utility also provides unmetered water to the City at no charge. However, no reasonable estimate of the value of the unmetered water can be made. Therefore, the value of unmetered water is not included in the financial statements. Budgetary Highlights Each year, the Board of Trustees adopts a budget using the modified cash basis of accounting which differs from the accrual basis of accounting used for the accompanying financial statements. The Utility's original budget was not amended during either of the years ended December 31, 2023 or 2022. Actual cash disbursements were approximately $5.1 million less than budgeted due to capital projects being delayed in 2023 for various reasons. 7 Page 196 of 443 Capital Assets The Utility's investment in capital assets amounted to approximately $40.0 million and $37.2 million as of December 31, 2023 and 2022, respectively, (net of accumulated depreciation of approximately $19.5 and $17.7 million as of December 31, 2023 and 2022, respectively). This investment in capital assets includes land; buildings and improvements; water supply and distribution systems; meters; machinery; and equipment. Additional information about the Utility's capital assets can be found in Note 6 to the financial statements. Economic Factors and Next Year's Budget and Rates The Utility's primary source of revenue is water sales. Water rates were increased January 1, 2024. Operating expense for 2024 is expected to increase over the same expenditures in 2023 due to payroll step increases for employees, insurance premium increases, contributions to the pension plan and other operating expense increases. Capital expenditures are expected to be approximately $10.6 million. 8 Page 197 of 443 Financial Statements Page 198 of 443 Statements of Net Position As of December 31, 2023 and 2022 2023 2022 Assets and Deferred Outflows of Resources Current Assets Cash and cash equivalents $ 24,019,690 $ 23,065,006 Certificates of deposit 709,261 697,200 Receivables Trade accounts (net of allowance for doubtful accounts 2023 - $330,936; 2022 - $327,543) 2,074,423 2,025,025 Accrued interest 294 290 Operating lease 106,427 129,080 Inventories 716,558 610,257 Prepaid expenses 246,499 196,959 Total Current Assets 27,873,152 26,723,817 Noncurrent Assets Restricted investments Repair assessments receivable Operating lease receivable 214,583 474,844 2,788,864 190,248 333,526 1,914,142 Subtotal 3,478,291 2,437,916 Capital Assets Land 472,362 472,362 Buildings and improvements 2,286,237 2,286,237 Water supply system 9,147,673 8,428,004 Distribution system 37,833,142 32,591,188 Meters and equipment 1,242,713 1,242,713 Machinery and equipment 4,893,674 4,563,717 Construction in progress 3,589,312 5,442,216 Total Capital Assets 59,465,113 55,026,437 Less accumulated depreciation (19,506,863) (17,745,026) Net Capital Assets 39,958,250 37,281,411 Total Assets Deferred Outflows of Resources Pension -related deferred outflows 71,309,693 66,443,144 1,840,130 2,131,186 Total Assets and Deferred Outflows of Resources $ 73,149,823 $ 68,574,330 See accompanying notes to the financial statements. Page 199 of 443 2023 2022 Liabilities, Deferred Inflows of Resources and Net Position Current Liabilities Accounts payable $ 430,485 $ 254,969 Retainage payable 69,117 134,080 Salary and benefits payable 145,079 139,541 Compensated absences 79,626 78,272 Due to City of Waterloo Garbage fees 350,997 357,390 Sewer fees 886,761 839,132 Storm water fees 225,375 214,427 Yard waste fees 182,774 187,836 Due to other governments 56,821 56,066 Total Current Liabilities 2,427,035 2,261,713 Liabilities Payable From Restricted Assets 214,583 190,248 Noncurrent Liabilities Net pension liability 1,545,491 2,444,263 Total Liabilities 4,187,109 4,896,224 Deferred Inflows of Resources Pension -related deferred inflows 1,168,343 1,154,351 Operating lease -related deferred inflows 2,796,733 1,991,868 Total Deferred Inflows of Resources 3,965,076 3,146,219 Net Position Net investment in capital assets 39,958,250 37,281,411 Unrestricted 25,039,388 23,250,476 Total Net Position 64,997,638 60,531,887 Total Liabilities, Deferred Inflows of Resources and Net Position $ 73,149,823 $ 68,574,330 9 Page 200 of 443 Statements of Revenue, Expenses and Changes in Net Position Years Ended December 31, 2023 and 2022 2023 2022 Operating Revenue Water sales $ 11,207,273 $ 10,511,759 Metered water provided to the City of Waterloo 482,561 411,817 Fire protection 93,806 92,296 Billing and collection fees 310,178 267,923 Other sales and service 857,756 734,822 Total Operating Revenue 12,951,574 12,018,617 Operating Expenses Salaries and benefits 4,050,835 3,826,906 Contractual services 1,053,511 896,681 Commodities 2,503,868 2,029,856 Depreciation 1,761,837 1,395,447 Total Operating Expenses 9,370,051 8,148,890 Operating Income 3,581,523 3,869,727 Nonoperating Revenue Interest income 1,035,562 338,657 Billboard and antenna rent 252,446 276,886 Total Nonoperating Revenue 1,288,008 615,543 Change in Net Position Before Contributions and Transfers 4,869,531 4,485,270 Capital contributions 78,781 59,889 Transfers to City of Waterloo (482,561) (411,817) Change in Net Position 4,465,751 4,133,342 Net Position - Beginning of Year 60,531,887 56,398,545 Net Position - End of Year $ 64,997,638 $ 60,531,887 See accompanying notes to the financial statements. 10 Page 201 of 443 Statements of Cash Flows Years Ended December 31, 2023 and 2022 Cash Flows From Operating Activities Cash received from customers Cash collected on behalf of primary government Cash collected on behalf of other governments Cash paid to primary government (less 1 % collection fee) Cash paid to other governments (less collection fee) Cash paid to or on behalf of employees Cash paid to suppliers Net Cash Provided by Operating Activities Cash Flows From Noncapital Financing Activities Billboard and antenna rent Cash Flows From Capital and Related Financing Activities Contributed capital Acquisition of capital assets Net Cash Used in Capital and Related Financing Activities Cash Flows From Investing Activities Proceeds from the maturities of certificates of deposit Purchase of certificates of deposit Interest received on savings and certificates of deposit Net Cash Provided by Investing Activities Net Increase in Cash Cash and Cash Equivalents - Beginning of Year Cash and Cash Equivalents - End of Year Reconciliation of Operating Income to Net Cash Provided by Operating Activities Operating income Adjustments to Reconcile Operating Income to Net Cash Provided by Operating Activities Depreciation Water provided to the City of Waterloo, not billed Change in Assets and Liabilities Increase in trade accounts, accrued interest and repair assessments receivable Increase in lease receivable Increase in prepaid expenses Increase in inventory Decrease in net pension asset (Increase) decrease in pension -related deferred outflows Increase in accounts payable and retainage payable Increase in accrued employee compensation Increase in due to other governments and liabilities payable from restricted assets Increase (decrease) in net pension liability Increase (decrease) in pension -related deferred inflows Increase in lease -related deferred inflows Net Cash Provided by Operating Activities Supplemental Disclosures of Noncash Capital and Related Financing Activities Capital Assets Included in Accounts Payable 2023 $ 12,033,649 20,045,077 483,265 (19,800,507) (482,510) (4,637,667) (3,682,013) 3,959,294 252,446 78,781 (4,359,394) (4,280,613) 406,573 (400,000) 1,016,924 1,023,497 954,624 23,065,066 $ 24,019,690 2022 $ 11,188,766 18,841,118 431,698 (18,537,984) (425,366) (4,143,711) (3,124,735) 4,229,786 276,886 59,889 (3,165,226) (3,105,337) 412,489 (394,149) 343,768 362,108 1,763,443 21,301,623 $ 23,065,066 $ 3,581,523 $ 1,761,837 (482,561) (190,716) (852,069) (49,540) (106,301) 291,056 31,209 6,892 47,879 (898,772) 13,992 804,865 $ 3,959,294 3,869,727 1,395,447 (411,817) (181,101) (2,043,222) (49,701) (233,995) 312,919 (1,937,918) 99,843 42,361 109,542 2,415,102 (1,149,269) 1,991,868 $ 4,229,786 $ 294,587 $ 215,305 See accompanying notes to the financial statements. 11 Page 202 of 443 Statement of Fiduciary Net Position - Pension Trust Fund As of December 31, 2023 Pension Trust Fund Assets Cash, cash equivalents and pooled investments $ 9,006,479 Net Position Restricted for pensions $ 9,006,479 See accompanying notes to the financial statements. 12 Page 203 of 443 Statement of Changes in Fiduciary Net Position - Pension Trust Fund Year Ended December 31, 2023 Additions Contributions $ 536,077 Net investment income 1,372,450 Total Additions 1.908.527 Deductions Benefit payments 748,325 Change in Net Position 1,160,202 Net Position - Beginning of Year 7,846,277 Net Position - End of Year $ 9,006,479 See accompanying notes to the financial statements. 13 Page 204 of 443 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters Reporting Entity The Waterloo Water Works (Utility) is a municipal utility that is a political subdivision and component unit of the City of Waterloo, Iowa. The Utility provides water to customers in the cities of Waterloo, Elk Run Heights, Hudson, Raymond and adjacent areas of Black Hawk County. The Utility's rates are set by its governing board. The Waterloo Water Works Board of Trustees has oversight responsibility for all water pumping and distribution to Waterloo and surrounding areas. All activities with which the Board has oversight responsibility are included in the financial statements. Measurement Focus and Basis of Accounting The Utility is accounted for on the flow of economic resources measurement focus and uses the accrual basis of accounting. Under this method, revenue is recorded when earned and expenses are recorded when incurred. All Financial Accounting Standards Board (FASB) pronouncements are applied in accounting and reporting for its proprietary operations unless they are contradicted with pronouncements issued by the Governmental Accounting Standards Board (GASB). Use of Estimates Management uses estimates and assumptions in preparing financial statements. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities and the reported revenue and expenses. Trade Accounts Receivable Water sales are billed monthly or quarterly, depending upon the quantity of water used or if requested by the customer. Accordingly, water sales are billed monthly to the larger commercial accounts and certain multi -family residential customers, while most residential customers are billed quarterly. Water sales are estimated for the period from the previous billing to year end and are included in revenue and trade accounts receivable. Unbilled revenue included in trade accounts receivable as of December 31, 2023 and 2022 was $1,128,147 and $1,004,992, respectively. The allowance for doubtful accounts included in trade accounts receivable as of December 31, 2023 and 2022 was $330,936 and $327,543, respectively. Utility as Lessor The Utility is a lessor of noncancellable leases for space on Utility water towers. The Utility recognizes a lease receivable and a deferred inflow of resources in the financial statements. At the commencement of a lease, the Utility initially measures the lease receivable at the present value of payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by the principal portion of lease payments received. The deferred inflow of resources is initially measured as the initial amount of the lease receivable, adjusted for lease payments received at or before the lease commencement date. Subsequently, the deferred inflow of resources is recognized as revenue over the life of the lease term. Key estimates and judgements include how the Utility determines the discount rate it uses to discount the expected lease receipts to present value, lease term and lease receipts. The Utility uses its ten-year Treasury risk -free rate as the discount rate for leases. The lease term includes the noncancellable period of the lease. Lease receipts included in the measurement of the lease receivable is composed of fixed payments from the lessee. 14 Page 205 of 443 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters The Utility monitors changes in circumstances that would require a remeasurement of its lease and will remeasure the lease receivable and deferred inflows of resources if certain changes occur that are expected to significantly affect the amount of the lease receivable. Inventories Inventories consist of pipes, valves, fire hydrants and meters and were stated at average cost. Budgeting The Utility is required to prepare a budget each year and submit it, subject to review by the City of Waterloo, to the State of Iowa. The Utility prepares its budget using the cash basis of accounting modified by reducing cash balances and receipts and disbursements by amounts held on behalf of the City of Waterloo and customer deposits. The Utility's 2023 and 2022 budget and comparison to cash basis activity is as follows: 2023 2022 Business -Type Activity - Water Actual disbursements $ 13,185,255 $ 10,901,808 Budgeted disbursements 18,257,750 16,047,250 Actual Disbursements Under Budget $ (5,072,495) $ (5,145,442) Capital Assets Capital assets consist of assets in service and assets not in service consisting of land, construction in progress and other items which will generally be converted to capital assets. Capital assets are recorded at cost with depreciation computed under the straight-line method over useful lives as follows: Type Estimated Useful Lives Buildings and improvements 10 - 99 Years Water supply system 10 - 99 Years Distribution system 10 - 99 Years Meters and equipment 5 - 63 Years Machinery and equipment 5 - 50 Years Depreciation expense for the years ended December 31, 2023 and 2022 was $1,761,837 and $1,395,447, respectively. Major outlays for capital assets and improvements are capitalized as "in process" while projects are constructed and transferred to capital assets upon completion. Interest incurred on construction debt during the construction phase of capital assets is reflected in the capitalized value of the asset constructed, net of interest earned on the invested proceeds over the same period. 15 Page 206 of 443 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters Deferred Outflows of Resources Deferred outflows of resources represent a consumption of net position that applies to a future period(s) and will not be recognized as an outflow of resources (expense) until then. Deferred outflows of resources consist of unrecognized items not yet charged to pension expense and contributions from the Utility after the measurement date but before the end of the Utility's reporting period. Pensions For purposes of measuring the net pension asset or liability, deferred outflows of resources and deferred inflows of resources related to pensions and pension expense, information about the fiduciary net position of the Iowa Public Employees' Retirement System (IPERS) and Waterloo Water Works Pension Plan and additions to/deductions from fiduciary net position have been determined on the same basis as they are reported by the pension plans. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. Deferred Inflows of Resources Deferred inflows of resources represent an acquisition of net position that applies to a future period(s) and will not be recognized as an inflow of resources (revenue) until that time. Deferred inflows of resources consist of unrecognized items not yet included in pension expense and rent income. Operating Revenue The Utility defines operating revenue as revenue derived from the sale of water and from the collection of garbage, sewer and storm water fees for the City of Waterloo and other governments. Nonoperating revenue is defined as anything other than revenue from the sale of water and from the collection of fees for the City of Waterloo and other governments. Classification Changes Certain items in the 2022 financial statements have been reclassified to conform with the current year presentation. These reclassifications had no net effects on the financial statements. (2) Cash Flow Statement Supplementary Information For purposes of the statements of cash flows, the Utility considers all highly liquid debt instruments purchased with original maturities of less than three months to be cash equivalents. 2023 2022 Schedule of Noncash Investing and Financing Activities Cost of property and equipment $ 4,438,676 $ 3,303,569 Amounts payable - current year (294,587) (215,305) - prior year 215,305 76,962 Cash Paid for Property and Equipment $ 4,359,394 $ 3,165,226 16 Page 207 of 443 Notes to the Financial Statements (3) Deposits and Investments The Utility's deposits in banks and credit unions as of December 31, 2023 and 2022 are entirely covered by federal depository insurance, by the State Sinking Fund or are collateralized either with securities held by the Utility or by nontransferable letters of credit in accordance with Chapter 12C of the Code of Iowa. This chapter provides for additional assessments against the depositories to insure there will be no loss of public funds. The Utility is authorized by statute to invest public funds in obligations of the United States Government, its agencies and instrumentalities; certificates of deposit or other evidences of deposit at federally insured depository institutions approved by the Board of Trustees and the Treasurer of the State of Iowa; prime eligible bankers acceptances; certain high -rated commercial paper; perfected repurchase agreements; certain registered open-end management investment companies; certain joint investment trusts; and warrants or improvement certificates of a drainage district. The Utility's certificates of deposit are stated at cost which approximates fair value. Certificates of deposit are purchased with maturities of 12 to 24 months and yields of 1.30% to 5.17%. Certain certificates of deposit are restricted to secure customer deposits. Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The Utility does not have a formal investment policy for credit risk. For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty, the Utility will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. As of December 31, 2023, all investments and collateral were listed in the name of the Utility. The Utility does not have a formal investment policy for custodial credit risk. Iowa Public Agency Investment Trust (IPAIT) is an external investment pool that is managed to maintain a dollar -weighted average portfolio maturity of no greater than 397 days and seeks to maintain a constant net asset value (NAV) per share of $1. The Pool elects to measure its investments at amortized cost in accordance with accounting statements issued by the GASB. The Utility's investment in IPAIT is unrated. Management reports the IPAIT investment as a cash equivalent in the accompanying statements of net position. The Utility reports its investments in the IPAIT at the NAV per share, the fair value established by the IPAIT, and is included in one share class as follows: Net Asset Unfunded Value Commitments As of December 31, 2023 IPAIT Diversified Portfolio $ 1,697,898 $ — As of December 31, 2022 IPAIT Diversified Portfolio $ 1,619,004 $ — The Diversified Portfolio has no redemption requirements. 17 Page 208 of 443 Notes to the Financial Statements (4) Restricted Assets Restricted assets represent monies set aside to provide security composition of these funds as of December 31, 2023 and 2022 was as 2023 Customer deposits for deposits and advances. The follows: Restricted Corresponding Asset Liability $ 214,583 $ 214,583 2022 Customer deposits $ 190,248 $ 190,248 (5) Operating Lease Receivable The Utility owns several water towers from which it rents space to cellular, radio and telephone communications companies. The Utility receives monthly payments ranging between $1,312 and $2,530 for the various leases through 2053. The leases have been discounted at a rate of 2.5% to 3.9%. The weighted average remaining lease term is 10.2 years. During the year ended December 31, 2023, the Utility earned principal of $129,080 and interest of $49,517. There were no variable lease payments. The following is a schedule by years of the future principal and interest to be collected: Principal Interest Total Year Ended December 31, 2024 $ 106,427 $ 63,583 $ 170,010 2025 115,982 60,732 176,714 2026 108,945 57,928 166,873 2027 111,718 55,155 166,873 2028 107,608 61,150 168,758 Later years 2,344,611 790,362 3,134,973 Balance - End of Year $ 2,895,291 $ 1,088,910 $ 3,984,201 18 Page 209 of 443 Notes to the Financial Statements (6) Capital Assets Capital asset activity for the years ended December 31, 2023 and 2022 was as follows: Balance Balance Balance 12-31-21 Increase Decrease 12-31-22 Increase Decrease 12-31-23 Capital Assets Not Being Depreciated Land $ 472,362 $ $ $ 472,362 $ $ $ 472,362 Construction in progress 5,555,339 1,938,227 2,051,350 5,442,216 3,634,567 5,487,471 3,589,312 Total Capital Assets Not Being Depreciated 6,027,701 1,938,227 2,051,350 5,914,578 3,634,567 5,487,471 4,061,674 Capital Assets Being Depreciated Buildings and improvements 2,279,437 6,800 2,286,237 — 2,286,237 Water supply system 7,448,549 979,455 8,428,004 719,669 — 9,147,673 Distribution system30,676,294 1,914,894 32,591,188 5,241,954 — 37,833,142 Meters and equip- ment 1,242,713 1,242,713 1,242,713 Machinery and equip- ment 4,182,254 381,463 4,563,717 329,957 4,893,674 Total Capital Assets Being Depreciated 45,829,247 3,282,612 49,111,859 6,291,580 — 55,403,439 Less Accumulated Depreciation Buildings and improvements 977,781 57,123 1,034,904 55,407 1,090,311 Water supply system 4,418,189 231,017 4,649,206 288,777 4,937,983 Distribution system 7,407,439 793,930 8,201,369 1,074,040 9,275,409 Meters and equipment 836,784 17,738 854,522 17,738 872,260 Machinery and equip- ment 2,709,386 295,639 3,005,025 325,875 3,330,900 Total Accumulated Depreciation 16,349,579 1,395,447 17,745,026 1,761,837 — 19,506,863 Net Capital Assets Being Depreciated 29,479,668 1,887,165 31,366,833 4,529,743 35,896,576 Net Capital Assets.... $ 35.507.369 $ 3.825.392 $ 2.051.350 $ 37.281.411 $ 8.164.310 $ 5.487.471 $ 39.958.250 (7) Long -Term Liabilities A summary of changes in long-term liabilities for the year ended December 31, 2023 is as follows: Balance Beginning Balance Due Within of Year Additions Reductions End of Year One Year Net Pension Liability $ 2,444,263 $ — $ 898,772 $ 1,545,491 19 Page 210 of 443 Notes to the Financial Statements (8) Compensated Absences The Utility's employees accumulate vacation days during the year based on the anniversary date of their employment. As of December 31, 2023 and 2022, $79,626 and $78,272, respectively, was accrued for unused vacation days. The Utility has a sick time policy for all employees. Under this plan, employees earn sick time hours during the year up to a maximum which is specified in the plan. At year end, 25% of the current year unused hours, up to a maximum of 14 hours, is paid out in cash and the remaining hours are carried over to the next year; however, those banked hours do not vest. (9) Related Party Transactions The Utility provides customer file maintenance, meter reading, billing and collecting services for the City of Waterloo's (City) Sanitation (Garbage) and Sanitary Sewer Enterprise Funds and keeps 1% of cash collected as a service fee. During 2023 and 2022, the Utility recorded $197,449 and $185,580, respectively, as City service fees and forwarded approximately $19,801,000 and $18,538,000 during 2023 and 2022, respectively, to the City. As of December 31, 2023 and 2022, the Utility's payables to the City were $1,645,426 and $1,598,785 for garbage, sewer, storm water and yard waste collections, respectively. The Utility pays office expenses (data processing charges, postage and other expenses of the billing cycle) and passes approximately one-half of those costs on to the City. During 2023 and 2022, the Utility received approximately $33,500 and $30,000, respectively, from the City which reduced office expenses. The Utility also provides metered and unmetered water to the City at no charge. Metered water furnished to the City is valued at equivalent sales rates and is included in the financial statements as water sales and transfers to the City. During the years ended December 31, 2023 and 2022, the Utility provided metered water to the City valued at approximately $483,000 and $412,000, respectively. (10) Pension Plans The Utility contributes to the Waterloo Water Works Pension Plan (Plan) and !PERS. Waterloo Water Works Pension Plan Plan Description The Waterloo Water Works Pension Plan is a single -employer defined benefit plan administered by the Pension Committee of the Waterloo Water Works (Committee). The Plan provides retirement benefits to plan members and beneficiaries. No new Plan members were allowed after December 31, 2007. The Plan does not issue a stand-alone financial report. The actuarial report on the Plan is held at the Utility's office. The following brief description is provided for general informational purposes only. Refer to the Plan documents for more information. 20 Page 211 of 443 Notes to the Financial Statements (10) Pension Plans Pension Benefits Retirement benefits are calculated using the highest three consecutive years of pensionable earnings during the last ten years of employment. The accrued benefit is determined to be 60% of average compensation, reduced if years of service is less than 30 years. Normal retirement age is 65. Married members may receive a benefit for life; however, members are required by law to receive a reduced qualified joint and survivor benefit, unless formally elected otherwise. In no event shall pensionable earnings exceed the limitation specified in Section 401(a)(17) of the Internal Revenue Code. Cost -of -living adjustments are provided to members and beneficiaries at the discretion of the Committee. As of December 31, the following members were covered by the Plan: Inactive Plan members and beneficiaries currently receiving benefits Inactive Plan members entitled to but not yet receiving benefits Active Plan members Total Members 2023 2022 37 39 2 1 9 10 48 50 Contributions The contribution requirements of the Plan members and the Utility are established and may be amended by the Utility. Mandatory contributions to the Plan by Plan members are equal to the IPERS rate effective January 1 of the previous year, 6.29% for 2023 and 2022. Prior to 2010, Plan member contributions were not required and the Utility made all the required contributions. Beginning January 1, 2010, Plan members were required to contribute one-third of the full contribution rate of 4.1 % and the Utility paid the rest of the required contribution. Beginning January 1, 2011, Plan members were required to contribute two-thirds of the full contribution rate of 4.3% and beginning January 1, 2012, Plan members were required to contribute all of the mandatory contributions. The Utility's Board of Trustees has approved Utility contributions to the Plan in excess of the amount determined annually by the actuary in an effort to eliminate over time the net pension liability as computed by the actuary. Pension Expense, Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions For the years ended December 31, 2023 and 2022, the Utility recognized pension expense of ($48,133) and $160,820, respectively. As of December 31, 2023 and 2022, the Utility reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: 21 Page 212 of 443 Notes to the Financial Statements (10) Pension Plans Deferred Deferred Outflows of Inflows of Resources Resources As of December 31, 2023 Differences between expected and actual experience $ $ Changes of assumptions Net difference between projected and actual earnings on Plan investments 1,306,312 1,161,168 $ 1,306,312 $ 1,161,168 As of December 31, 2022 Differences between expected and actual experience $ $ Changes of assumptions Net difference between projected and actual earnings on Plan investments 1,741,750 1,037,292 $ 1,741,750 $ 1,037,292 Amounts reported as deferred outflows of resources and deferred inflows of resources will be recognized in pension expense as follows: Year Ending December 31, 2024 $ (47,010) 2025 89,952 2026 268,820 2027 (166,618) Total $ 145,144 Actuarial Assumptions The Utility's net pension (asset) liability was measured as of December 31, 2023 and 2022, and the total pension liability used to calculate the net pension (asset) liability was determined by an actuarial valuation as of those dates. The total pension liability as of December 31, 2023 and 2022 was determined using the following actuarial assumptions, applied to all periods included in the measurement: Rate of inflation Rate of salary increase Long-term investment rate of return 2.50% per annum. 3.00% per annum, including inflation. 7.00% (2023 and 2022), compounded annually, net of investment expense, including inflation. The actuarial assumptions used in the December 31, 2023 and 2022 valuations were based on the results of an actuarial experience study for the periods of January 1, 2023 through December 31, 2023 and January 1, 2022 through December 31, 2022, respectively. In addition, mortality rates were based on 2024 and 2023 Dataset Mortality Tables with Scale, as appropriate, respectively. 22 Page 213 of 443 Notes to the Financial Statements (10) Pension Plans The long-term expected rate of return on Plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These expected future real rates of return are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Best estimates of arithmetic real rates of return for each major asset class included in the Plan's target asset allocation as of December 31, 2023 and 2022 are summarized in the following tables: Asset Class Long -Term Asset Expected Real Allocation Rate of Return 2023 Cash and Fixed Income 28.0% 2.70% Equity Large Cap 60.0 7.20 Equity Small Cap 12.0 7.70 Cash 0.0 0.00 Total 100.0% 2022 Cash and Fixed Income 28.0% 2.70% Equity Large Cap 60.0 7.20 Equity Small Cap 12.0 7.70 Cash 0.0 0.00 Total 100.0% Discount Rate The discount rate used to measure the total pension liability was 7.00% for each of the years ended December 31, 2023 and 2022. The projection of cash flows used to determine the discount rate assumed that Plan member contributions will be made at the current contribution rate and that contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Professional judgment on future contributions has been applied in those cases where contribution patterns deviate from the actuarially determined rates. Based on those assumptions, the Plan's fiduciary net position was projected to be available to make all projected future benefit payments of current Plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. 23 Page 214 of 443 Notes to the Financial Statements (10) Pension Plans Sensitivity of the Net Pension (Asset) Liability to Changes in the Discount Rate The following presents the net pension (asset) liability calculated using the discount rate of 7.00% (2023 or 2022), as well as what the net pension (asset) liability would be if it were calculated using a discount rate that is one percentage point lower (6.00% - 2023 or 2022) or one percentage point higher (8.00% - 2023 or 2022) than the current rate. 1 % Decrease (6.00%) Discount Rate (7.00%) 1% Increase (8.00%) December 31, 2023 $ 1,220,891 $ 431,537 $ (254,937) December 31, 2022 2,336,674 1,538,984 846,884 Changes in Net Pension (Asset) Liability Changes in the Utility's net pension (asset) liability for the years ended December 31, 2023 and 2022 were as follows: Total Pension Plan Fiduciary Net Pension Liability Net Position (Asset) Liability Year Ended December 31, 2023 Balance - Beginning of Year $ 9,385,260 $ 7,846,276 $ 1,538,984 Changes for the Year Service cost 29,220 29,220 Interest 627,898 627,898 Difference between expected and actual experience 143,961 143,961 Contributions - Utility — 500,000 (500,000) Contributions - member 36,077 (36,077) Net investment income 1,372,449 (1,372,449) Benefit payments, including refunds of employee contributions (748,323) (748,323) Balance - End of Year $ 9,438,016 $ 9,006,479 $ 431,537 Year Ended December 31, 2022 Balance - Beginning of Year $ 9,319,314 $ 9,632,233 $ (312,919) Changes for the Year Service cost 34,615 34,615 Interest 624,396 624,396 Difference between expected and actual experience 109,603 109,603 Contributions - Utility — 400,000 (400,000) Contributions - member 39,670 (39,670) Net investment income (1,522,959) 1,522,959 Benefit payments, including refunds of employee contributions (702,668) (702,668) Balance - End of Year $ 9,385,260 $ 7,846,276 $ 1,538,984 24 Page 215 of 443 Notes to the Financial Statements (10) Pension Plans Payables to the Plan All required Utility contributions and required employee contributions which had been withheld from employee wages were remitted to the Plan by December 31, 2023. IPERS Plan Description IPERS membership is mandatory for employees of the Utility, except for those covered by another retirement system. Employees of the Utility are provided with pensions through a cost -sharing multiple - employer defined benefit pension plan administered by IPERS. IPERS issues a stand-alone financial report which is available to the public by mail at P.O. Box 9117, Des Moines, IA 50306-9117 or at www.ipers.org. IPERS benefits are established under Iowa Code Chapter 97B and the administrative rules thereunder. Chapter 97B and the administrative rules are the official plan documents. The following brief description is provided for general informational purposes only. Refer to the plan documents for more information. Pension Benefits A regular member may retire at normal retirement age and receive monthly benefits without an early -retirement reduction. Normal retirement age is age 65, anytime after reaching age 62 with 20 or more years of covered employment, or when the member's years of service plus the member's age at the last birthday equals or exceeds 88, whichever comes first. (These qualifications must be met on the member's first month of entitlement to benefits.) Members cannot begin receiving retirement benefits before age 55. The formula used to calculate a regular member's monthly IPERS benefit includes: • A multiplier (based on years of service). • The member's highest five-year average salary. (For members with service before June 30, 2012, the highest three-year average salary as of that date will be used if it is greater than the highest five-year average salary.) If a member retires before normal retirement age, the member's monthly retirement benefit will be permanently reduced by an early -retirement reduction. The early -retirement reduction is calculated differently for service earned before and after July 1, 2012. For service earned before July 1, 2012, the reduction is 0.25% for each month that the member receives benefits before the member's earliest normal retirement age. For service earned starting July 1, 2012, the reduction is 0.50% for each month that the member receives benefits before age 65. Generally, once a member selects a benefit option, a monthly benefit is calculated and remains the same for the rest of the member's lifetime. However, to combat the effects of inflation, retirees who began receiving benefits prior to July, 1990 receive a guaranteed dividend with their regular November benefit payments. 25 Page 216 of 443 Notes to the Financial Statements (10) Pension Plans Disability and Death Benefits A vested member who is awarded federal Social Security disability or Railroad Retirement disability benefits is eligible to claim IPERS benefits regardless of age. Disability benefits are not reduced for early retirement. If a member dies before retirement, the member's beneficiary will receive a lifetime annuity or a lump -sum payment equal to the present actuarial value of the member's accrued benefit or calculated with a set formula, whichever is greater. When a member dies after retirement, death benefits depend on the benefit option the member selected at retirement. Contributions Contribution rates are established by IPERS following the annual actuarial valuation, which applies IPERS' Contribution Rate Funding Policy and Actuarial Amortization Method. Statute limits the amount rates can increase or decrease each year to one percentage point. IPERS' Contribution Rate Funding Policy requires that the actuarial contribution rate be determined using the "entry age normal" actuarial cost method and the actuarial assumptions and methods approved by the IPERS Investment Board. The actuarial contribution rate covers normal cost plus the unfunded actuarial liability payment based on a 30-year amortization period. The payment to amortize the unfunded actuarial liability is determined as a level percentage of payroll, based on the Actuarial Amortization Method adopted by the Investment Board. Pursuant to the required rates, regular members contributed 6.29% of covered payroll and the Utility contributed 9.44% of covered payroll for a total rate of 15.73% in fiscal year 2023 and 2022. The Utility's contributions to IPERS for the years ended December 31, 2023 and 2022 were $220,038 and $187,341, respectively. As of December 31, 2023 and 2022, the Utility's liability for its proportionate share of the net pension liability totaled $1,113,954 and $905,279, respectively. The net pension liability was measured as of June 30, 2023 and 2022, respectively, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of those dates. The Utility's proportion of the net pension liability was based on the Utility's share of contributions to IPERS relative to the contributions of all IPERS participating employers. As of June 30, 2023, the Utility's collective proportion was 0.024680%, which was an increase of 0.000719% from its proportion measured as of June 30, 2022 of 0.023961 %. For the years ended December 31, 2023 and 2022, the Utility recognized pension expense of ($45,591) and ($119,986), respectively. As of December 31, 2023 and 2022, the Utility reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Deferred Outflows of Inflows of Resources Resources As of December 31, 2023 Differences between expected and actual experience $ 94,242 $ 4,579 Changes of assumptions 18 Net difference between projected and actual earnings on IPERS' investments 103,166 Changes in proportion and differences between Utility contributions and proportionate share of contributions 223,524 2,578 Utility contributions subsequent to the measurement date 112,886 — Total $ 533,818 $ 7,175 26 Page 217 of 443 Notes to the Financial Statements (10) Pension Plans Deferred Outflows of Resources Deferred Inflows of Resources As of December 31, 2022 Differences between expected and actual experience $ 40,131 $ 12,400 Changes of assumptions 768 22 Net difference between projected and actual earnings on IPERS' investments 96,907 Changes in proportion and differences between Utility contributions and proportionate share of contributions 251,090 7,730 Utility contributions subsequent to the measurement date 97,447 — Total $ 389,436 $ 117,059 Deferred outflows of resources related to pensions of $112,886 and $97,447 represent the amount the Utility contributed subsequent to the measurement date and will be recognized as a reduction of the net pension liability in the years ended December 31, 2023 and 2022, respectively. Other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense as follows: Year Ending December 31, 2024 $ 51,834 2025 (7,016) 2026 296,662 2027 62,322 2028 9,955 Total $ 413,757 There were no nonemployer contributing entities at IPERS. Actuarial Assumptions The total pension liability in the June 30, 2022 actuarial valuation was determined actuarial assumptions, applied to all periods included in the measurement: Rate of inflation (effective June 30, 2017) Rate of salary increase (effective June 30, 2017) Long-term investment rate of return (effective June 30, 2017) Wage growth (effective June 30, 2017) using the following 2.60% per annum. 3.25% to 16.25%, average, including inflation. Rates vary by membership group. 7.00%, compounded annually, net of investment expense, including inflation. 3.25% per annum, based on 2.60% inflation and 0.65% real wage inflation. The actuarial assumptions used in the June 30, 2022 valuation were based on the results of a quadrennial experience study covering the period of July 1, 2017 through June 30, 2021. 27 Page 218 of 443 Notes to the Financial Statements (10) Pension Plans Mortality rates used in the 2022 valuation were based on the PubG-2010 mortality tables with future mortality improvements modeled using Scale MP-2021. The long-term expected rate of return on IPERS' investments was determined using a building-block method in which best -estimate ranges of expected future real rates (expected returns, net of investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. The target allocation and best estimates of arithmetic real rates of return for each major asset class are summarized in the following table: Asset Class Long -Term Asset Expected Real Allocation Rate of Return Domestic equity 22.0% 3.57% International equity 17.5 4.79 Global smart beta equity 6.0 4.16 Core plus fixed income 20.0 1.66 Public credit 4.0 3.77 Cash 1.0 0.77 Private equity 13.0 7.57 Private real assets 8.5 3.55 Private credit 8.0 3.63 Total 100.0% Discount Rate The discount rate used to measure the total pension liability was 7.00%. The projection of cash flows used to determine the discount rate assumed that employee contributions will be made at the contractually required rate and that contributions from the Utility will be made at contractually required rates, actuarially determined. Based on those assumptions, IPERS' fiduciary net position was projected to be available to make all projected future benefit payments of current active and inactive employees. Therefore, the long- term expected rate of return on IPERS' investments was applied to all periods of projected benefit payments to determine the total pension liability. Sensitivity of the Utility's Proportionate Share of the Net Pension Liability to Changes in the Discount Rate The following presents the Utility's proportionate share of the net pension liability calculated using the discount rate of 7.00%, as well as what the Utility's proportionate share of the net pension liability would be if it were calculated using a discount rate that is one percentage point lower (6.00%) or one percentage point higher (8.00%) than the current rate. 1% Decrease Discount Rate 1% Increase (6.00%) (7.00%) (8.00%) December 31, 2023 $ 2,368,514 $ 1,113,954 $ 62,612 December 31, 2022 1,686,643 905,279 216,682 28 Page 219 of 443 Notes to the Financial Statements (10) Pension Plans IPERS' Fiduciary Net Position Detailed information about the IPERS' fiduciary net position is available in the separately issued IPERS financial report which is available on IPERS' website at www.ipers.org. Payables to IPERS As of December 31, 2023 and 2022, the Utility reported payables to IPERS of $17,761 and $23,342, respectively, for legally required Utility contributions and $11,834 and $15,553, respectively, for legally required Utility contributions which had been withheld from employee wages but not yet remitted to IPERS. (11) Risk Management The Utility is exposed to various risks of loss related to torts; theft, damage to and destruction of assets; errors and omissions; injuries to employees; and natural disasters. These risks are covered by the purchase of commercial insurance. The Utility assumes liability for any deductibles and claims of coverage limitations. Settled claims from these risks have not exceeded commercial insurance coverage in any of the past three fiscal years. (12) Commitments The Utility had several capital asset projects in process as of December 31, 2023. The remaining construction commitments totaled approximately $3.6 million. During the year ended December 31, 2023, the Utility entered into an agreement with a developer to provide a $250,000 loan which will be repaid as the developer sells the residential lots. Any unpaid balance at the end of five years is due in full. The loan will be disbursed during 2024. (13) Subsequent Events Management has evaluated subsequent events through June 14, 2024, the date which the financial statements were available to be issued. Subsequent to December 31, 2023, the Utility entered into contracts for capital asset projects totaling $1,184,344. Subsequent to December 31, 2023, the Utility disbursed $250,000 under the loan agreement as disclosed in Note 12. (14) Prospective Accounting Change The GASB has issued Statement No. 96, Subscription -Based Information Technology Arrangements. This statement will be implemented for the year ending December 31, 2023. The revised requirements of this statement will require reporting certain assets and liabilities for the right to use another party's information technology software alone or in combination with tangible capital assets that are not currently reported. 29 Page 220 of 443 Required Supplementary Information Page 221 of 443 Schedule of Contributions Waterloo Water Works Pension Plan Last Ten Years 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 Actuarially determined contribution $ 514,481 $ 514,096 $ 568,760 $ 587,599 $ 563,701 $ 529,242 $ 505,125 $ 489,448 $ 475,911 $ 481,861 Contributions in relation to actuarially determined contribution (536,077) (439,760) 344,312 (639,602) (615,910) (577,408) (565,374) (550,161) (540,043) (570,419) Contribution Deficiency (Excess) $ (21,596) $ 74,336 $ 224,448 $ (52,003) $ (52,209) $ (48,166) $ (60,249) $ (60,713) $ (64,132) $ (88,558) Utility's covered -employee payroll $ 635,959 $ 676,566 $ 744,456 $ 810,194 $ 979,376 $ 943,430 $ 1,047,371 $ 1,004,723 $ 1,045,603 $ 1,064,651 Contributions as a percentage of covered -employee payroll 84.29% 65.00% 46.25% 78.94% 62.89% 61.20% 53.98% 54.76% 51.65% 53.58% 30 Page 222 of 443 Schedule of Changes In Net Pension (Asset) Liability and Related Ratios Waterloo Water Works Pension Plan Total Pension Liability Service cost Interest Difference between expected and actual experience Changes of assumptions Benefit payments, including refunds of employee contributions Change in Total Pension Liability Total Pension Liability - Beginning of Year Total Pension Liability End of Year Plan Fiduciary Net Position Contributions - Utility Contributions - member Net investment income Benefit payments, including refunds of employee contributions Change in Plan Fiduciary Net Position Plan Fiduciary Net Position - Beginning of Year Plan Fiduciary Net Position - End of Year Net Pension (Asset) Liability - End of Year Plan Fiduciary Net Position as a Percentage of Total Pension Liability Utility's Covered Employee Payroll Net Pension (Asset) Liability as a Percentage of Covered Employee Payroll 2023 $ 29,220 627,898 143,961 2022 $ 34,615 624,396 109,603 (748,323) (702,668) 52,756 65,946 9,385,260 9,319,314 9.438.016 9.385.260 500,000 400,000 36,077 39,670 1,372,449 (1,522,959) (748,323) (702,668) 1,160,203 (1,785,957) 7,846,276 9,632,233 9.006.479 7.846.276 2021 2020 2019 2018 $ 49,151 $ 55,720 $ 42,951 $ 46,090 618,695 645,354 672,982 665,421 141,919 (194,832) (36,258) 76,594 16,840 315,233 325,945 (72,427) (689,128) (677,004) (675,155) (560,887) 137,477 144,471 330,465 154,791 9,181,837 9,037,366 8,706,901 8,552,110 9.319.314 9.181.837 9.037.366 8.706.901 300,000 44,312 1,473,975 (689,128) 1,129,159 8,503,074 9.632.233 $ 431,537 $ 1,538,984 $ (312,919) 95.43% 83.60% 103.35% $ 572,010 $ 635,959 $ 676,566 75.44% Additional years will be added going forward as information becomes available. 241.99% (46.25)% 591,000 48,602 1,221,397 (677,004) 1,183,995 7,319,079 8.503.074 $ 678,763 92.61% $ 744,456 91.18% 563,701 529,242 52,209 48,166 1,594,221 (466,923) (675,155) (560,887) 1,534,976 (450,402) 5,784,103 6,234,505 7.319.079 5.784.103 $ 1,718,287 $ 2,922,798 80.99% 66.43% $ 810,194 $ 979,376 212.08% 298.43% 2017 $ 45,849 640,457 (45,362) 225,356 (548,118) 318,182 8,233,928 8.552.110 507,287 58,087 821,539 (548,118) 838,795 5,395,710 6.234.505 $ 2,317,605 72.90% $ 943,430 245.66% 2016 $ 53,886 616,847 164,103 13,141 (541,494) 306,483 7,927,445 8.233.928 489,448 60,713 281,674 (541,494) 290,341 5,105,369 5.395.710 $ 2,838,218 65.53% $ 1,047,371 270.98% 2015 $ 53,008 607,558 (28,037) 12,600 (518,306) 126,823 7,800,622 7.927.445 481,000 59,043 (157,690) (518,306) (135,953) 5,241,322 5.105.369 $ 2,822,076 64.40% $ 1,004,723 280.88% 31 Page 223 of 443 Notes to Required Supplementary Information - Pension Liability Waterloo Water Works Pension Plan Year Ended December 31, 2023 Valuation Date Actuarially determined contributions rates are calculated as of December 31 of the current fiscal year. Methods and Assumptions Used to Determine Contribution Rates Actuarial cost method Amortization method Amortization period Asset valuation method Inflation Annual pay increases Investment rate of return Retirement rate Mortality rates Projected unit credit Level dollar 20 years Five-year smoothed market 2.50% 3.00% 7.00% 100% at age 62 SOA RP-2014 Adjusted to 2006 Total Dataset Mortality with Scale MP-2021 32 Page 224 of 443 Schedule of Proportionate Share of the Net Pension Liability Iowa Public Employees' Retirement System Last Ten Years* 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 Utility's proportion of the net pension liability 0.024680% 0.023961 % (0.008447)% 0.017377% 0.016437% 0.016820% 0.015549% 0.014671 % 0.014220% 0.012797% Utility's proportionate share of the net pension liability $1,113,954 $905,279 $29,161 $1,220,674 $951,791 $1,064,406 $1,035,776 $923,262 $706,956 $524,011 Utility's covered -employee payroll $1,984,549 $1,770,907 $1,622,730 $1,267,605 $1,270,103 $1,251,971 $1,079,261 $1,018,040 $885,398 $802,943 Utility's proportionate share of the net pension liability as a percentage of its covered -employee payroll 56.13% 51.12% 1.79% 96.29% 74.94% 85.01 % 95.97% 90.69% 79.85% 65.26% IPERS' fiduciary net position as a percentage of the total pension liability 90.13% 91.41% 100.81 % 81.87% 85.45% 83.62% 82.21% 81.82% 85.19% 87.61 33 Page 225 of 443 Schedule of Contributions Iowa Public Employees' Retirement System Last Ten Years 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 Statutorily required contribution $ 220,038 $ 187,341 $ 167,183 $ 153,186 $ 119,662 $ 116,656 $ 111,801 $ 96,378 $ 90,911 $ 79,066 Contributions in relation to the statutorily required contributions(220,038) (187,341) (167,183) (153,186) (119,662) (116,656) (111,801) (96,378) (90,911) (79,066) Contribution Deficiency (Excess) $ $ — $ $ $ — $ — $ $ — $ $ — Utility's covered -employee payroll $ 2,330,908 $ 1,984,549 $ 1,770,907 $ 1,622,730 $ 1,267,605 $ 1,270,103 $ 1,251,971 $ 1,079,261 $ 1,018,040 $ 885,398 Contributions as a percentage of covered -employee payroll 9.44% 9.44% 9.44% 9.44% 9.44% 9.18% 8.93% 8.93% 8.93% 8.93% 34 Page 226 of 443 Notes to Required Supplementary Information - Pension Liability Iowa Public Employees' Retirement System Year Ended December 31, 2023 Changes of Benefit Terms There are no significant changes in benefit terms. Changes of Assumptions The 2022 valuation incorporated the following refinements after a quadrennial experience study: • Changed mortality assumptions to the PubG-2010 mortality tables with mortality improvements modeled using Scale MP-2021. • Adjusted retirement rates for regular members • Lowered disability rates for regular members. • Adjusted termination rates for all membership groups. The 2018 valuation implemented the following refinements as a result of a demographic assumption study dated June 28, 2018: • Changed mortality assumptions to the RP-2014 mortality tables with mortality improvements modeled using Scale MP-2017. • Adjusted retirement rates. • Lowered disability rates. • Adjusted the probability of a vested regular member electing to receive a deferred benefit. • Adjusted the merit component of the salary increase assumption. The 2017 valuation implemented the following refinements as a result of an experience study dated March 24, 2017: • Decreased the inflation assumption from 3.00% to 2.60%. • Decreased the assumed rate of interest on member accounts from 3.75% to 3.50% per year. • Decreased the discount rate from 7.50% to 7.00%. • Decreased the wage growth assumption from 4.00% to 3.25%. • Decreased the payroll growth assumption from 4.00% to 3.25%. The 2014 valuation implemented the following refinements as a result of a quadrennial experience study: • Decreased the inflation assumption from 3.25% to 3.00%. • Decreased the assumed rate of interest on member accounts from 4.00% to 3.75% per year. • Adjusted male mortality rates for retirees in the regular membership group. • Moved from an open 30-year amortization period to a closed 30-year amortization period for the unfunded actuarial liability (UAL) beginning June 30, 2014. Each year thereafter, changes in the UAL from plan experience will be amortized on a separate closed 20-year period. 35 Page 227 of 443 HOGAN• HANSEN A Professional Corporation Certified Public Accountants and Consultants Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Board of Trustees Waterloo Water Works Waterloo, Iowa We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Waterloo Water Works, a component unit of the City of Waterloo, Iowa, as of and for the year ended December 31, 2023, and the related notes to the financial statements, which collectively comprise the Waterloo Water Works' basic financial statements, and have issued our report thereon dated June 14, 2024. Report on Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Waterloo Water Works' internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Waterloo Water Works' internal control. Accordingly, we do not express an opinion on the effectiveness of the Waterloo Water Works' internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the Utility's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. We identified a certain deficiency in internal control, described in the accompanying schedule of findings as item 23-I-R-1 that we consider to be a material weakness. 3128 Brockway Road, Waterloo, IA 50701-5103 • (319) 233-5225 • Fax (319) 233-3188 • E-Mail w@hoganhansen.com Member of American Institute of CPAs - Iowa Society of CPAs Ames • Ankeny • Cedar Rapids • Mason City • Waterloo 36 Page 228 of 443 Board of Trustees Waterloo Water Works Page 2 Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the Waterloo Water Works' financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Comments involving statutory and other legal matters about the Utility's operations for the year ended December 31, 2023 are based exclusively on knowledge obtained from procedures performed during our audit of the financial statements of the Utility. Since our audit was based on tests and samples, not all transactions that might have had an impact on the comments were necessarily audited. The comments involving statutory and other legal matters are not intended to constitute legal interpretations of those statutes. Waterloo Water Works' Response to Findings Government Auditing Standards require the auditor to perform limited procedures on the Waterloo Water Works' responses to the findings identified in our audit and described in the accompanying schedule of findings. The Waterloo Water Works' responses were not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the responses. Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Utility's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Utility's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. 444ittr ' k4frFI HOGAN - HANSEN Waterloo, Iowa June 14, 2024 37 Page 229 of 443 Schedule of Findings Year Ended December 31, 2023 Part I: Findings Related to the Financial Statements Instances of Noncompliance There were no reported instances of noncompliance. Internal Control Deficiencies 23-I-R-1 Financial Statement Preparation Criteria - A properly designed system of internal control over financial reporting includes the preparation of the Utility's financial statements and accompanying notes to the financial statements by Utility staff. Condition - The Utility does not have a system of internal controls that fully prepares financial statements and disclosures that are fairly presented in conformity with generally accepted accounting principles. The Utility relies upon its audit firm to assist with drafting the financial statements. Cause - As is inherent in many governmental entities of this size, the Utility has management and employees who, while knowledgeable and skillful, do not have the time to maintain the current knowledge and expertise to fully apply generally accepted accounting principles in preparing the financial statements and the related disclosures. Effect or Potential Effect - The financial statements and related disclosures may not be prepared in accordance with generally accepted accounting principles. Identification of Repeat Finding - 22-I-R-1 Auditor's Recommendation - The Utility should obtain additional knowledge through reading relevant accounting literature and attending local professional education courses. Views of Responsible Officials and Planned Corrective Action - The Utility is aware of the condition and will consider obtaining additional knowledge where cost effective but will continue to rely on its audit firm for assistance with drafting the financial statements and disclosures. Auditor's Conclusion - Response accepted. 38 Page 230 of 443 Schedule of Findings Year Ended December 31, 2023 Part II: Findings Related to Statutory Reporting 23-11-1 Budget - Operating cash disbursements during the year ended December 31, 2023 did not exceed the amounts budgeted. 23-11-2 Questionable Disbursements - We noted no disbursements that may not meet the requirements of public purpose as defined in an Attorney General's opinion dated April 25, 1979. 23-11-3 Travel Expense - No disbursements of the Utility's money for travel expenses of spouses of the Utility officials or employees was noted. 23-11-4 Business Transactions - No business transactions between the Utility's officials or employees and the Utility were noted. 23-11-5 Bond Coverage - Surety bond coverage of the Utility officials and employees is in accordance with statutory provisions and was reviewed and updated during the year. We recommend that the amount of coverage continue to be reviewed annually to ensure that the coverage is adequate for current operations. 23-11-6 Board Minutes - No transactions were found that we believe should have been included in the minutes but were not. Minutes of Trustees proceedings were published within 15 days as required by Chapter 372.13(6) of the Code of Iowa. 23-11-7 Deposits and Investments - We noted no instances of noncompliance with the deposit and investment provisions of Chapter 12B or 12C of the Code of Iowa. 23-11-8 Restricted Donor Activity - No transactions were noted between Water Works officials or employees and restricted donors in compliance with Chapter 68B of the Code of Iowa. 39 Page 231 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE FY 2025 W.A.R.P. 4th Addition, Contract No. 1114. RECOMMENDED COUNCIL ACTION MEETING DATE December 2, 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. 11.21.2024 FY 2025FY 2025 W.A.R.P. 4th Addition Project, Contract No. 1114 Page 232 of 443 FY 2025 W.A.R.P. 4th Addition Project, Contract No. 1114 Bid Opening November 21, 2024 Engineering Estimate Base Div 1 + Div 2 = $3,663,001.80 Alternate A = $ 511,675.43 Total = $4,174,677.23 Bidder Bid Security Bid Amount Peterson Contractors, Inc. 5% Base Bid $3,040,843.63 Alt. A: $444,098.80 Reinbeck, IA Total: $3,484,942.43 Pirc-Tobin Base Bid $3,807,985.95 Alburnett, IA 5% Alt. A: $498,784.70 Total: $4,306,770.65 J.B. Holland Base Bid $3,537,967.76 Construction, Inc. 5% Alt. A: $527,298.97 Total: $4,065,293.73 Boomerang, Corp. o Base Bid $3,757,935.78 Anamosa, IA 5% Alt. A: $487,905.88 Total: $4,245,841.66 Baker Enterprises, Inc. Base Bid $2,943,927.95 Waverly, IA o 5 /o Alt. A: $444,840.95 Total: $3,388,768.90 Page 233 of 443 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE The issuance of not to exceed $18,000,000.00 Taxable General Obligation Urban Renewal Bonds (ECP/UR-1). RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION ECP/UR-1 - Not to exceed $18,000,000 General Obligation Urban Renewal Bonds, for the essential corporate urban renewal purposes, in order to provide funds to pay the costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of Iowa Code Chapter 403 and the Amended and Restated Crossroads Waterloo Urban Renewal and Redevelopment Plan for the Crossroads Waterloo Urban Renewal Area, as amended from time to time, including those costs associated with the redevelopment of Crossroads Mall, including acquisition, design, demolition, reconstruction, and related and supporting public infrastructure improvements, with proceeds of the Bonds being used either directly to pay project costs or to fund one or more Economic Development Grants to private developers to aid in such redevelopment, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 234 of 443 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (173 174) - PDF Combined Letter of Instruction Hearings ECP UR 1-3 2. Waterloo (174) - ECP UR 1 Hearing Proceedings 2025B Taxable GO UR Bonds Page 235 of 443 rt AHLERS COONEY ATTORNEYS November 21, 2024 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com Re: Waterloo, Iowa — General Obligation Urban Renewal Bonds Dear Kelley: Enclosed are proceedings for the day of the public hearings on the issuance of the above - mentioned Bonds (December 2, 2024). The proceedings are prepared to show as a first step the receipt of any oral or written objections from any resident or property owner to the proposed action of the Council to issue the Bonds. A summary of objections received or made, if any, should be attached to the proceedings. The proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. The proceedings refer to the fact that the hearing was held and that no petition had been filed. The Mayor will then declare the hearing on the issuance of the Bonds to be closed. Immediately following each hearing, a resolution is to be introduced and adopted taking additional action for the issuance. If a valid petition is filed, however, please notify us as soon as possible since the enclosed proceedings will have to be revised to cover the action taken by the Council in either abandoning the proposal to issue the Bonds or directing the County Commissioner to call a special election upon the question of issuing the Bonds. The Code of Iowa provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of a county in which any part of the City is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. In the event an appeal is filed by any resident or property owner, please let us know as soon as possible. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Page 236 of 443 November 21, 2024 Page 2 Please send us the executed proceedings. If you have any questions pertaining to the procedure enclosed or the above -mentioned instructions, please don't hesitate to contact our office. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Director, City of Waterloo (via email w/ encl.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 4887-5879-4750, v. 1 Page 237 of 443 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON DECEMBER 2, 2024 CITY OF WATERLOO, IOWA Not to Exceed $18,000,000 Taxable General Obligation Urban Renewal Bonds (ECP/UR-1) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 238 of 443 December 2, 2024 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: 1 Page 239 of 443 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $18,000,000 Taxable General Obligation Urban Renewal Bonds, of the City of Waterloo, State of Iowa, in order to provide funds to pay the costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of Iowa Code Chapter 403 and the Amended and Restated Crossroads Waterloo Urban Renewal and Redevelopment Plan for the Crossroads Waterloo Urban Renewal Area, as amended from time to time, including those costs associated with the redevelopment of Crossroads Mall, including acquisition, design, demolition, reconstruction, and related and supporting public infrastructure improvements, with proceeds of the Bonds being used either directly to pay project costs or to fund one or more Economic Development Grants to private developers to aid in such redevelopment, for essential corporate urban renewal purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Sections 384.24(3)(q), 384.25 and 403.12 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $18,000,000 TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS", and moved: o o that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2024, at this place. 2 Page 240 of 443 Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $18,000,000 TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $18,000,000 General Obligation Urban Renewal Bonds, for the essential corporate urban renewal purposes, in order to provide funds to pay the costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of Iowa Code Chapter 403 and the Amended and Restated Crossroads Waterloo Urban Renewal and Redevelopment Plan for the Crossroads Waterloo Urban Renewal Area, as amended from time to time, including those costs associated with the redevelopment of Crossroads Mall, including acquisition, design, demolition, reconstruction, and related and supporting public infrastructure improvements, with proceeds of the Bonds being used either directly to pay project costs or to fund one or more Economic Development Grants to private developers to aid in such redevelopment, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $18,000,000 General Obligation Urban Renewal Bonds, for the foregoing essential corporate urban renewal purposes. 3 Page 241 of 443 Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 2nd day of December, 2024. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 242 of 443 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2024. (SEAL) 4861-2863-7438, v. 1 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 243 of 443 CITY OF ATERLOO J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE The issuance of Not to Exceed $10,500,000.00 General Obligation Urban Renewal Bonds (ECP/UR- 2). RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION ECP/UR-2 - Not to exceed $10,500,000.00 General Obligation Urban Renewal Bonds, for the essential corporate urban renewal purposes, in order to provide funds to pay the costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of Iowa Code Chapter 403 and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area, as amended from time to time, including those costs associated with the acquisition, construction and equipping of the former East Side Courier Building for City use, including related and supporting public infrastructure improvements, and costs associated with the renovation and redevelopment of the current City Hall building and Carnegie Library/ Annex building for private redevelopment, including costs to fund one or more Economic Development Grants to private developers to aid in such redevelopment, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 244 of 443 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (173 174) - PDF Combined Letter of Instruction Hearings ECP UR 1-3 2. Waterloo (173) - ECP UR 2 Hearing Proceedings 2025A GO UR BONDS Page 245 of 443 rt AHLERS COONEY ATTORNEYS November 21, 2024 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com Re: Waterloo, Iowa — General Obligation Urban Renewal Bonds Dear Kelley: Enclosed are proceedings for the day of the public hearings on the issuance of the above - mentioned Bonds (December 2, 2024). The proceedings are prepared to show as a first step the receipt of any oral or written objections from any resident or property owner to the proposed action of the Council to issue the Bonds. A summary of objections received or made, if any, should be attached to the proceedings. The proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. The proceedings refer to the fact that the hearing was held and that no petition had been filed. The Mayor will then declare the hearing on the issuance of the Bonds to be closed. Immediately following each hearing, a resolution is to be introduced and adopted taking additional action for the issuance. If a valid petition is filed, however, please notify us as soon as possible since the enclosed proceedings will have to be revised to cover the action taken by the Council in either abandoning the proposal to issue the Bonds or directing the County Commissioner to call a special election upon the question of issuing the Bonds. The Code of Iowa provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of a county in which any part of the City is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. In the event an appeal is filed by any resident or property owner, please let us know as soon as possible. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Page 246 of 443 November 21, 2024 Page 2 Please send us the executed proceedings. If you have any questions pertaining to the procedure enclosed or the above -mentioned instructions, please don't hesitate to contact our office. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Director, City of Waterloo (via email w/ encl.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 4887-5879-4750, v. 1 Page 247 of 443 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON DECEMBER 2, 2024 CITY OF WATERLOO, IOWA Not to Exceed $10,500,000 General Obligation Urban Renewal Bonds (ECP/UR-2) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 248 of 443 December 2, 2024 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: 1 Page 249 of 443 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $10,500,000 General Obligation Urban Renewal Bonds, of the City of Waterloo, State of Iowa, in order to provide funds to pay the costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of Iowa Code Chapter 403 and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area, as amended from time to time, including those costs associated with the acquisition, construction and equipping of the former East Side Courier Building for City use, including related and supporting public infrastructure improvements, and costs associated with the renovation and redevelopment of the current City Hall building and Carnegie Library/ Annex building for private redevelopment, including costs to fund one or more Economic Development Grants to private developers to aid in such redevelopment t, for essential corporate urban renewal purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Sections 384.24(3)(q), 384.25 and 403.12 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS", and moved: o o that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2024, at this place. 2 Page 250 of 443 Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $10,500,000 General Obligation Urban Renewal Bonds, for the essential corporate urban renewal purposes, in order to provide funds to pay the costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of Iowa Code Chapter 403 and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area, as amended from time to time, including those costs associated with the acquisition, construction and equipping of the former East Side Courier Building for City use, including related and supporting public infrastructure improvements, and costs associated with the renovation and redevelopment of the current City Hall building and Carnegie Library/ Annex building for private redevelopment, including costs to fund one or more Economic Development Grants to private developers to aid in such redevelopment, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $10,500,000 General Obligation Urban Renewal Bonds, for the foregoing essential corporate urban renewal purposes. 3 Page 251 of 443 Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 2nd day of December, 2024. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 252 of 443 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2024. (SEAL) 4860-9183-4365, v. 1 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 253 of 443 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE The issuance of Not to Exceed $4,000,000.00 Taxable General Obligation Urban Renewal Bonds (ECP/UR-3). RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION ECP/UR-3 - Not to exceed $4,000,000.00 General Obligation Urban Renewal Bonds, for the essential corporate urban renewal purposes, in order to provide funds to pay the costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of Iowa Code Chapter 403 and the Northeast Industrial Area Urban Renewal and Redevelopment Plan for the Northeast Industrial Urban Renewal Area, as amended from time to time, including those costs associated with the acquisition, remediation, and redevelopment of land within the Northeast Industrial Urban Renewal Area, and also including related and supporting public infrastructure improvements and funding one or more Economic Development Grants to private developers to aid in such acquisition, site preparation and redevelopment, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 254 of 443 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (173 174) - PDF Combined Letter of Instruction Hearings ECP UR 1-3 2. Waterloo (174) - ECP UR 3 Hearing Proceedings 2025B Taxable GO UR Bonds Page 255 of 443 rt AHLERS COONEY ATTORNEYS November 21, 2024 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com Re: Waterloo, Iowa — General Obligation Urban Renewal Bonds Dear Kelley: Enclosed are proceedings for the day of the public hearings on the issuance of the above - mentioned Bonds (December 2, 2024). The proceedings are prepared to show as a first step the receipt of any oral or written objections from any resident or property owner to the proposed action of the Council to issue the Bonds. A summary of objections received or made, if any, should be attached to the proceedings. The proceedings have been prepared on the basis that no petition will be filed asking that the question of issuing the Bonds be submitted to the qualified electors of the City. The proceedings refer to the fact that the hearing was held and that no petition had been filed. The Mayor will then declare the hearing on the issuance of the Bonds to be closed. Immediately following each hearing, a resolution is to be introduced and adopted taking additional action for the issuance. If a valid petition is filed, however, please notify us as soon as possible since the enclosed proceedings will have to be revised to cover the action taken by the Council in either abandoning the proposal to issue the Bonds or directing the County Commissioner to call a special election upon the question of issuing the Bonds. The Code of Iowa provides that any resident or property owner of the City may appeal the decision to take additional action to issue the Bonds, to the District Court of a county in which any part of the City is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. In the event an appeal is filed by any resident or property owner, please let us know as soon as possible. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Page 256 of 443 November 21, 2024 Page 2 Please send us the executed proceedings. If you have any questions pertaining to the procedure enclosed or the above -mentioned instructions, please don't hesitate to contact our office. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Finance Director, City of Waterloo (via email w/ encl.) Noel Anderson, Planning and Zoning Director, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) 4887-5879-4750, v. 1 Page 257 of 443 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON DECEMBER 2, 2024 CITY OF WATERLOO, IOWA Not to Exceed $4,000,000 Taxable General Obligation Urban Renewal Bonds (ECP/UR-3) • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 258 of 443 December 2, 2024 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: 1 Page 259 of 443 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $4,000,000 Taxable General Obligation Urban Renewal Bonds, of the City of Waterloo, State of Iowa, in order to provide funds to pay the costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of Iowa Code Chapter 403 and the Northeast Industrial Area Urban Renewal and Redevelopment Plan for the Northeast Industrial Urban Renewal Area, as amended from time to time, including those costs associated with the acquisition, remediation, and redevelopment of land within the Northeast Industrial Urban Renewal Area, and also including related and supporting public infrastructure improvements and funding one or more Economic Development Grants to private developers to aid in such acquisition, site preparation and redevelopment, for essential corporate urban renewal purposes, and that notice of the proposal to issue the Bonds and the right to petition for an election had been published as provided by Sections 384.24(3)(q), 384.25 and 403.12 of the Code of Iowa, and the Mayor then asked the City Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 362.4 of the Code of Iowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing the Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner of the City to the issuance of the Bonds. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the issuance of the Bonds and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Whereupon, the Mayor declared the hearing on the issuance of the Bonds to be closed. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $4,000,000 TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS", and moved: n that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at .M. on the day of , 2024, at this place. 2 Page 260 of 443 Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $4,000,000 TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS WHEREAS, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $4,000,000 General Obligation Urban Renewal Bonds, for the essential corporate urban renewal purposes, in order to provide funds to pay the costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of Iowa Code Chapter 403 and the Northeast Industrial Area Urban Renewal and Redevelopment Plan for the Northeast Industrial Urban Renewal Area, as amended from time to time, including those costs associated with the acquisition, remediation, and redevelopment of land within the Northeast Industrial Urban Renewal Area, and also including related and supporting public infrastructure improvements and funding one or more Economic Development Grants to private developers to aid in such acquisition, site preparation and redevelopment, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $4,000,000 General Obligation Urban Renewal Bonds, for the foregoing essential corporate urban renewal purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is 3 Page 261 of 443 reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 2nd day of December, 2024. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 4 Page 262 of 443 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2024. (SEAL) 4886-7680-8446, v. 1 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 263 of 443 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 December 2, 2024 AGENDA ITEM TITLE Sale and conveyance of city -owned properties located at 1027 W. 3rd Street and 128 Lincoln Street, in the amount of $25,200.00, to Rock Star Real Estate, LLC. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo took possession of 1027 W 3rd St and 128 Lincoln Street through 657A action and requested proposals for the rehabilitation of the sites. The City of Waterloo received one complete bid (a second proposal was deemed incomplete and non -responsive for failing to include the required earnest check and to provide other information required by the RFP). Staff reviewed the proposal, and determined that the City should proceed with the proposal. Tyler Junker, owner of Rock Star Real Estate, has a solid background in rehabbing dilapidated homes and managing properties. They have also worked closely with Habitat for Humanity, are on their action team, and have worked to promote homeownership. They also work closely with the City of Waterloo for the Section 8 program. Tyler has noted an intent to keep his business at about the same size in units that they manage, so as they acquire new units that they fix up, they will look to sell other units within their portfolio, often looking at existing tenants who are interested in becoming owner -occupants. With the acquisition of these two homes, he has indicated an intent to sell 2 other homes to an owner -occupant. Examples of properties that Rock Star owned and has already sold include 1140 Hammond Ave., 2008 W. 4th St, 1638 Robin Rd., and 112 Summit Ave. NEIGHBORHOOD IMPACT Rehabilitation of the homes would have a positive impact on the neighborhoods. 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. Page 264 of 443 SOURCE OF EXPENDITURES Nuisance Abatement Bonds ALTERNATIVE ACTION Not approve LEGAL DESCRIPTION The Southwesterly 45 feet of Lot 4 and the Southwesterly 45 feet of the Northwesterly 23.6 feet of Lot 5, all in Block 1 in Whitney & Sedgwick's Addition to the City of Waterloo, Iowa. Also, Lot 53 except the West 30 feet thereof, Morris Case's Addition to the City of Waterloo, East Side of Cedar River, Black Hawk County, Iowa. ATTACHMENTS 1 Rock Star Real Estate DA 1027 W 3rd and 128 Lincoln developer signed 2. Proposal Rock Star - 1027 W 3rd St 3. Proposal Rock Start - 128 Lincoln St Page 265 of 443 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 Rock Star Real Estate, L.L.C. ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer is willing and able to finance and rehabilitate existing properties owned by City that are located at 1027 W. 3rd St, Waterloo, Iowa, and 128 Lincoln St., Waterloo, Iowa (the "Properties"), legally described as set forth on Exhibit "A" attached hereto. B. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that rehabilitation of the Properties is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Properties to Developer for the aggregate sum of $25,200.00 (the "Purchase Price") (allocated as $20,100.00 for 1027 W. 3rd Street and $5,100.00 for 128 Lincoln Street), of which $2,000.00 shall be paid in certified funds to City to be held in trust as earnest money and applied at closing to the Purchase Price. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) Page 266 of 443 general utility and right-of-way easements serving the Properties; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Developer until Developer delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement, in which case City shall refund the earnest money to Developer as promptly as possible. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Properties and to conduct other due diligence related to the Project. Developer agrees to accept the Properties in their "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Properties, their marketability, or their fitness for any particular purpose. At its own cost Developer shall (a) remove and properly dispose of all debris and unwanted personal property from the dwellings, (b) renovate the existing structures to a finished state for single-family residential purposes, and (c) make other improvements to the buildings and grounds, including but not limited to sidewalk, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed, including but not limited to all final permit inspections. The Properties, the Improvements, and all other work to make the project site usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to cause the Project to be undertaken and to renovate the Properties and complete the Improvements in a timely manner constitutes a material inducement for the City to sell the Properties to Developer and to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin 2 Page 267 of 443 renovation of one of the dwellings within six (6) months after the date of conveyance of title (the "Start Date") and must Substantially Complete construction of Improvements within eighteen (18) months after the last date of conveyance (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for construction of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter. If Developer does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 12, and City shall then have no further obligation to Developer under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Developer shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 12, City shall have no further obligations to Developer under this Agreement, including but not limited to any legal or equitable obligation to reimburse Developer for any costs expended by Developer with respect to the Project or to compensate Developer for any value added to the Properties by any Improvements or to refund the Purchase Price in whole or in part. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Properties that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against either of the Properties. In connection with any reverter of title, Developer shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Developer fails to deliver such 3 Page 268 of 443 documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney -in -fact. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Developer's failure to carry on or complete same, or any Lien or Liens on or against either of the Properties of any type or nature whatsoever that attaches to either of the Properties by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 4.1. Utilities. Developer will be responsible for obtaining or extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Properties and for payment of any associated connection fees. 5. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Partial Purchase Price Refund. Within thirty (30) days after Developer has Substantially Completed the Improvements and has obtained final inspection on all permits obtained for the Project, City will refund $10,000.00 of the Purchase Price to Developer. B. Grant. Concurrently with partial refund of the Purchase Price pursuant to paragraph A above, City will make a $10,000.00 infill housing incentive grant to Developer within thirty (30) days after the Improvements are Substantially Completed. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Properties, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's completion of the Improvements and of which Developer notifies City before Developer executes any such mortgage. Developer may not mortgage the Properties or any part thereof for any purpose except in connection with financing of the Improvements. Any mortgage in violation of this Section shall be void. 7. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Properties prior to completion of 4 Page 269 of 443 the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 8. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Developer with respect to construction of the Improvements. B. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. C. Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Developer shall make no sale or conveyance of the Properties or any portion thereof without City's prior written consent. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed 5 Page 270 of 443 to be conducted, and to enter into and perform its obligations under this Agreement. B. This Agreement has been duly and validly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Developer that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. C. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. D. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective) or financial position of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 11. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: 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 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; 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 6 Page 271 of 443 incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof; E. Developer (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Properties. 12. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise to recover ownership of the Properties as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Developer that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed 7 Page 272 of 443 as a waiver of any other or any subsequent default and shall not impair any such right or power. 13. Indemnification and Releases. A. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to properties or any injury to or death of any person occurring at or about the Properties or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its 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, Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the 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 Developer's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 8 Page 273 of 443 15. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 16. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at PO Box 538, Waterloo, Iowa 50704, Attention: Tyler Junker. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 18. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 19. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any 9 Page 274 of 443 default by another party shall not affect or impair any rights arising from any subsequent default. 20. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 21. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 10 Page 275 of 443 CITY OF WATERLOO, IOWA ROCK STAR REAL ESTATE, By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk a Tyler Junker, 11 Page 276 of 443 EXHIBIT "A" Property Description The Southwesterly 45 feet of Lot 4 and the Southwesterly 45 feet of the Northwesterly 23.6 feet of Lot 5, all in Block 1 in Whitney & Sedgwick's Addition to the City of Waterloo, Iowa. Also, Lot 53 except the West 30 feet thereof, Morris Case's Addition to the City of Waterloo, East Side of Cedar River, Black Hawk County, Iowa. Page 277 of 443 City of Waterloo Property Offer to Bid Form Property to be bid upon: 1027 West 3rd Street Name(s) in which property would be transferred: (k° SYf\ R Rill {- Q5 I A Transfer Form: Parma c (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: fcoCk , 5 1 L R L 1Th C Address of bidder: f b PIN 5-3'j tArattx, Ty_ 7o Phone & e-mail of bidder: 3(cf al-1 0 i P\ocGC y7iltR D W & C GM P TLc Loin My offer for this property is: $ 3,01 .00 ` 1%kNT1 TM?u ,V O o N /-jVAT) Minimumfbid of $5,000. Proposals Tess than minimum will noE be considered ffo $1,000.00 earnest fee required. Indicate certified check or money order: aKTL �IECll( (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: SIA&'gr1-7-L1/ F6A� s o l AVNT L (lo/wry �-�l N 8 AaiEPTED N1TR 511(4, m F �rugk ' � iN A 1 Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property, and historic preservation regulations that apply. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline and other development provisions. Signatur�'of . .. ant/proposer D to * Please Place his sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid, exv Page 278 of 443 City of Waterloo Property Offer to Bid Form Property to be bid upon: 128 Lincoln Street Name(s) in which property would be transferred: ROC. -S ! I ` Z PMC E + T Transfer Form: f `figrV F S /tip (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: ‘1\,o (A- S i (Ji. C. C,c TALE I-. LC Address of bidder: )4.2 h)( S 3 wil-TkILO C0)0 Lf Phone & e-mail of bidder: 3 ti j-1° S-7 (AR a GM L Cc)111 My offer for this property is: $J � —ofu .Mi id of $5,000. Proposals less than minimum will not be considered PAW $1,000.00 earnest fee required. Indicate certified check or money order: CfCr Li--W C IC (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: 52-rtubLg- MMJY' HMS A SsngNrTA L PaoPZT67 ,S& Crtrv,t g A a 0'71F-17 S3? 7(\T p estfile Vitt) Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property, and historic preservation regulations that apply. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline and other development provisions. Signature of ailicant/proposer GI/a)/QC( Date * Please Place this sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid. Page 279 of 443 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 December 2, 2024 AGENDA ITEM TITLE Sale and conveyance of city -owned property, located at 715 Mulberry Street and 626 Mulberry Street, to FDP CD, LLC, in the amount of $1.00 and acquisition of 100 E. 4th Street in the amount of $1.00. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is working to obtain improved space for the Waterloo Police Department, and City Hall and Carnegie Library/ Annex Administrative staff. Simultaneously, the City is working to see the existing City Hall and Carnegie Library/Annex redeveloped for economic redevelopment purposes, to help maintain the tax base in Downtown Waterloo. This agreement will have the City pay FDP CD LLC (Rodney Blackwell) $6.2 million for the property at 100 East 4th Street, and convey the City Hall building and Carnegie site to the developer for $1.00, with conditions that the developer will fix properties to values over $6.6 million over time. The swap of properties will further give the City time (10 months) to transition from existing buildings to new Police Department and City Hall building. This agreement is the best financial means to improve office and working conditions for Police Department and City administrative staff, based on estimated improvements needed to existing buildings by previous Building Audits, and offer an economic development project for redevelopment of the two buildings to return tax base to Downtown Waterloo. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 280 of 443 SOURCE OF EXPENDITURES Downtown TIF ALTERNATIVE ACTION LEGAL DESCRIPTION 620-626 Mulberry Street Original Plat Waterloo East, Lots 1 and 4, Block 28, except Southwest 28 feet of Lot 4. 715 Mulbery Street Original Plat Waterloo East, Lots 1 through 10, Block 40 ATTACHMENTS 1. FDP CD DA Signed 2. Public Comment - JSA Objection to Bond Issue $10.5M 120224 Page 281 of 443 Prepared by Christopher S. Wendland. P.O. Box 596. Waterloo. IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2024, by and between FDP CD, L.L.C. (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Downtown Waterloo Urban Renewal and Redevelopment Area ("Urban Renewal Area"). B. Company is willing and able to finance and undertake renovation of existing structures and make related improvements on properties legally described on Exhibit "A-2" attached hereto (the "Property") located in the Urban Renewal Area at 622 Mulberry Street and 715 Mulberry Street. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: Page 282 of 443 1. Development Property. On a date mutually acceptable to the parties, anticipated to be within 180 days after the date of this Agreement, but after satisfaction or waiver of any contingencies set forth herein, the parties shall close on the transactions described in paragraphs 1.D and 1.E below. A. Due Diligence. Each party shall complete its due diligence and feasibility reviews within 70 days after the date of this Agreement (the "Review Period"), and either party may terminate this Agreement for any reason on or before the last day of the Review Period. Each party shall allow the other party, its employees, contractors and agents, reasonable access for inspection or investigative purposes, provided that such activities minimize disruptions to business operations. B. Conveyance and Property Condition. At closing, each party shall deliver its respective property to the other party in the as -is condition of such property for the sum of $1.00. Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through the transferor except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the property conveyed; and (c) restrictions imposed by the City zoning ordinances and other applicable law. Neither party makes, and hereby expressly disclaims, any representation or warranty as to the condition of the property it is conveying to the other party or the suitability of such property for the purposes of the other party. C. Title. Each party shall, at its own expense, prepare an updated abstract of title for the property that it will convey to the other party, or in lieu thereof the transferee may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to the proposed transferee, and if the conveying party does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from the other party, then the proposed transferee may terminate this Agreement without further obligation and return the abstract of title to the property owner. D. Conveyance by Company. Company shall convey to City the real property described on Exhibit "A-1" attached hereto, locally known as 100 E. 4th Street, Waterloo, Iowa. (the "Company Property"). Real property taxes and assessments against the Company Property shall be prorated as of the closing date, but taxes shall not be prorated with respect to any period after the closing date. E. Conveyance by City; Lease Back. City shall convey the Property to Company, subject to a new easement to be entered into by the parties with respect to the public safety communications tower and related facilities on the Property at 715 Mulberry Street. At closing, the parties shall also enter into an agreement (the "Leaseback") by which City will lease the Property from Company for a period of no Tess than 10 months, at a rate of $1.00. The Leaseback shall 2 Page 283 of 443 contain such terms and conditions to which the parties shall mutually agree, including but not limited to City's continued use of the Property in substantially the same manner as it uses the Property before closing, City's right to extend the Leaseback term on a month -by -month basis for up to three (3) additional months, and City's right to remove all furniture, furnishings and equipment from the Property. Such Leaseback shall also provide for the City to be responsible for all expenses associated with its use of the Property, including but not limited to utilities and other services. The City shall maintain its own insurance for both general liability and personalty, on terms acceptable to both parties. F. Upon closing, the City shall assign all contracts and warranties related to the property to Company, except such contracts and warranties that Company may decline in its sole discretion. 2. Improvements by Company. After City vacates the Property, City shall (a) remove from the Property and properly dispose of all debris and furnishings, fixtures and other personal property not wanted by Company. Company shall rehabilitate the existing structures on the Property in accordance with a redevelopment plan as set forth in Section 3, and make other improvements to the building and grounds, including but not limited to parking, streetscaping, landscaping, storm water, paving and signage improvements (collectively, the "Improvements"). City represents and warrants that it has no knowledge of hazardous materials or environmental hazards on the Property, except as disclosed to Company prior to execution of this Agreement, and that City is in compliance with all rules, regulations and laws regarding these matters, whether municipal, county, state or federal. City shall defend, indemnify and hold harmless Company from any claims, damages, losses, liabilities, costs or expenses, including attorney fees and litigation expenses incurred by Company, which relate in any way to hazardous materials or environmental hazards, or violations of the above -referenced rules, regulations and laws, except for hazardous materials or environmental hazards that are uncovered or released by Company in the course of its work, such as by but not limited to the removal of floor tiles. The Improvements shall be constructed in accordance with the terms of this Agreement, the Plan, and with all applicable City, state, and federal building codes, shall comply with all applicable City ordinances and other applicable law, and shall be of a scope and scale as described in the Plans. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all other work to make the project site usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." Studies undertaken by City indicate that an amount at least equal to the Grant (defined below) would be required to be spent to make improvements to the Property and to undertake related development activities of the scope and scale contemplated by this Agreement, and accordingly the Grant is a sum that bears a reasonable relationship to minimum expected Project costs, 3 Page 284 of 443 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that will be submitted to the City before Company commences any redevelopment activity. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed after the initial approval of same, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Construction; Possibility of Termination. The parties agree that Company's commitment to undertake the Project and to construct the 4 Page 285 of 443 Improvements in a timely manner constitutes a material inducement for the City to offer the incentives provided for in this Agreement, and that without said commitment City would not do so. Company shall have the option to make Improvements to either portion of the Property (designed on Exhibit "A-2" as either the "622 Phase Property" or the "715 Phase Property") in any order that it desires, and the first parcel on which commences Improvements shall be referred to as "Phase 1" and the other parcel shall be referred to as "Phase 2." A. Deadlines to commence and complete. Company must obtain a building permit and begin construction of the Phase 1 Improvements within four (4) years after the date on which City fully vacates the Property (the "Phase 1 Start Date") and Substantially Complete construction within fourteen (14) months thereafter (the "Phase 1 Completion Deadline"). The parties shall confirm the Phase 1 Start Date in writing. Company must obtain a building permit and begin construction of the Phase 2 Improvements within twelve (12) months after the Phase 1 Improvements have been Substantially Completed (the "Phase 2 Start Date"), and Company must Substantially Complete construction of Phase 2 Improvements within fourteen (14) months after the Phase 2 Start Date (the "Phase 2 Completion Deadline"). Company's adherence to the deadlines set forth in this paragraph is an essential condition in order for Company to qualify for the property tax rebates described in Section 9 below. For purposes of this Agreement, "Substantially Completed" means the date on which the phase Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and also that the City has verified that any Project element for which no permit was necessary has been substantially completed to City's reasonable satisfaction. All deadlines are subject to Unavoidable Delays as defined in paragraph 4.B below. The City's Community Planning and Development Director may, but shall not be required to, consent to two extensions of time of up to six (6) months each for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination. If Company does not commence or Substantially Complete construction of each phase of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 18, and City shall then have no further obligation under this Agreement. If a phase of Improvements is begun but 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 a party hereto (each an "Unavoidable Delay"), the requirement that construction be completed by the applicable Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. Company shall promptly deliver to City a written notice of any Unavoidable Delay affecting Company, including a description of same and its expected period of duration, and upon cessation of the Unavoidable Delay the Company shall promptly provide to City a written notice of same. If City terminates this Agreement as provided in Section 18, City shall have no further obligations to Company under this Agreement, including but not limited to 5 Page 286 of 443 any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Development Grants; City Bonds; Deposit. A. At closing, City will pay Company a grant of $6,200,000.00 (the "Grant"), subject to City's prior completion of legal processes to authorize and sell general obligation bonds (the "City Bonds") to fully fund, at minimum, the amount of the Grant plus payment of all normal and customary bond issuance costs. The Grant shall be funded only and solely from the proceeds of the City Bonds and shall not be payable in any manner by general taxation or from any other City funds. The parties further acknowledge and agree that the City Bonds shall be sold at such times, on such terms and conditions, bear such interest rates, mature at such times and in such amounts as the City, in its sole discretion, shall determine to be acceptable to it. The City's obligation to issue the City Bonds and make the Grant as described in this Section shall be subject in all respects to Unavoidable Delays affecting City, the provisions of this Section, and to the satisfaction of all conditions and procedures required (in the judgment of bond counsel for the City) by Iowa Code Chapters 384 and 403 with respect to the issuance of the City Bonds, including but not limited to the holding of all required public hearings relating to the same. B. The parties acknowledge that the Property is currently exempt from property tax but will become subject to tax upon conveyance to Company. Due to the extended period that Company has to Substantially Complete Phase 1 and Phase 2 Improvements, the parties agree that property tax support to Company during the development period is necessary for the economic viability of the Project. With respect to the period starting with conveyance of the Property to Company and ending with Year One (defined in Section 8 below) for purposes of Rebate payments, City will make to Company an annual grant (a "Tax Support Grant") equal to the amount of Tax Increment (defined in Section 9.0 below) collected by City with respect to the Property. The payment of each Tax Support Grant is subject to the same terms and conditions that are applicable to payment of Rebates as set forth in Sections 9 and 10, and further subject to Company's prior payment of property taxes. City shall remit payment of a Tax Support Grant to Company within sixty (60) days after Tax Increment for a given Fiscal Year is received in the City's account that is maintained for such purpose. C. Within thirty (30) days after the date of this Agreement, City shall make a deposit of $200,000.00 to Company. The deposit shall be credited toward the Grant if City pays the full remaining amount of the Grant to Company within 180 days of closing. In the event, for any reason, that City does not pay the full remaining amount of the Grant to Company within 180 days of closing, 6 Page 287 of 443 then the deposit shall be refunded to City in full and Company shall have the option to terminate this Agreement without further obligation. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $4,500,000.00 for the 715 Phase Property (the "715 Phase Minimum Actual Value"), or below the amount of $2,100,000.00 for the 622 Phase Property (the "622 Phase Minimum Actual Value") through: either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. No later than the date that Company obtains a building permit for the respective phase of Improvements, Company shall execute and deliver to City an MAA for such phase that reflects the corresponding Minimum Actual Value. 8. Tax Rebates. Provided that Company has Substantially Completed the phase Improvements before the applicable Completion Deadline, and subject to the other terms of this Agreement, City agrees to rebate property tax (with the exceptions noted below) with respect to each phase of the Improvements, as follows: Year One through Year Fifteen 70% rebate each year for any taxable value added by the completed phase Improvements (each such payment is a "Rebate") over the initial base value of $0.00. Rebates shall be payable separately with respect to each of the 622 Phase Property and the 715 Phase Property. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to approve a properly 7 Page 288 of 443 completed application for a Rebate within sixty (60) days after timely submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the respective phase Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the phase Property, or upon (y) the value of the phase Property and a partial value of the phase Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event all Improvements on the 715 Phase Property are Substantially Completed prior to January 1, 2030 and the 715 Phase Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2030 assessed value would be for the Fiscal Year ending June 30, 2032, with the taxes payable one-half by September 30, 2031 and one-half by March 31, 2032, then the first Rebate could be applied for after March 31, 2032 and prior to April 1, 2033. 9. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. 8 Page 289 of 443 B. Notwithstanding the provisions of Section 8 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 8 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 8, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 10. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to amendment to the urban renewal plan, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, 9 Page 290 of 443 on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 13 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 11. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the applicable MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are 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. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company 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 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. 10 Page 291 of 443 E. Until the applicable MAA termination date Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted. F. The phase Property will have a taxable value as set forth in the applicable MAA and any amendments thereto, and Company agrees that the minimum actual value of the phase Property and completed Improvements as stated in the applicable MAA and any amendments thereto will be a reasonable estimate of the actual value of the phase Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the phase Property and related site improvements, will equal or exceed the assessor's minimum actual value for the phase Property and Improvements as set forth in the MAA and any amendments thereto. G. Until the MAA termination date Company agrees that it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. I. Until the Improvements are Substantially Completed, Company will not wind up or dispose of all or substantially all of its assets. 12. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11 Page 292 of 443 13. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. B. This Agreement has been duly and validly 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. C. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions 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. D. 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. E. The financing commitments, which Company will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Company to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. F. Company reasonably expects that construction of the Improvements will require a total investment of no Tess than the Grant amount, and Company would not undertake its obligations under this Agreement without City's payment of the Grant and without City furnishing the other incentives provided for herein. 14. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants 12 Page 293 of 443 and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any Toss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's acquisition of the same or resulting from any defect in the Improvements, except for such claims as arise during the Leaseback term that are not attributable to the negligent acts or omissions or willful misconduct of Company, its employees, contractors or agents. After expiration of the Leaseback term, the indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its managers, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property other than those caused, released or discharged during the Leaseback term. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or Project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 16. Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property or this Agreement prior 13 Page 294 of 443 to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City, which shall not be unreasonably withheld but subject to the assignee's or transferee's assumption of Company's obligations under this Agreement. The preceding prohibition against assignment shall not be applicable to any assignment made which relates to a transaction involving financing by the Company 17. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 14 Page 295 of 443 18. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may (1) terminate this Agreement or (2) suspend its performance under this Agreement until it receives assurances from Company, deemed adequate by City, that Company will cure its default and continue its performance under this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination as set forth in this Agreement, including but not limited to the Grant. If Company becomes obligated to repay the Grant or any portion thereof, it shall be liable for interest on such sum at the rate of 6% per annum, calculated from the date of original disbursement of the Grant by City. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies of any party 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 previous, concurrent or subsequent default and shall not impair any such right or power. D. Legal Fees. In the event any suit, action or proceeding is brought by any party to establish, obtain or enforce any rights under this Agreement or for the breach of any warranty, representation, covenant, term or condition hereof, the prevailing party in such suit, action or proceeding, including an appeal to an appellate court arising therefrom, shall be entitled to recover reasonable attorneys' fees in addition to costs. For purposes of this paragraph prevailing party shall mean the party in whose favor any final, non -appealable judgment is entered. 19. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth 15 Page 296 of 443 in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 20. 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. 21. 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. 22. 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 City Attorney and the Community Planning and Development Director. (b) if to Company, at 201 N. Harrison Street, Suite 402, Davenport, Iowa 52801, Attention: Managing Member. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, 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. 23. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16 Page 297 of 443 24. 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. 25. 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. 26. 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. 27. 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. 28. Governing Law; Litigation. This Agreement shall be governed by and construed and interpreted in accordance with the internal laws of the State of Iowa. The parties hereby agree and consent, with respect to any action to enforce or defend any claim, counterclaim, cross -claim, cause of action, or any matter arising from or in any way related to this Agreement or the transactions contemplated hereby, (a) to WAIVE ANY RIGHT TO A TRIAL BY JURY; (b) to submit to the exclusive jurisdiction of the Iowa District Court for Black Hawk County; and (c) to irrevocably waive, to the fullest extent possible, the defense of any inconvenient forum or improper venue to the maintenance of any such action or proceeding. 29. Binding Effect and Intended Assignments. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. Notwithstanding any other provision herein, the parties agree that at any time before or after closing, Company shall have the right to assign its rights under this Agreement to other affiliated entities that are wholly or in part by Rodney Blackwell, along with title to the Property. In the event of such assignment, 17 Page 298 of 443 the assignee entity shall have the same rights and obligations as Company, and City shall also have the same rights and responsibilities with respect to each such assignee entity. Company shall notify City in writing of any such assignment within ten (10) business days after the occurrence of same, and the parties shall record appropriate evidence of same in the public land records. 30. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 31. 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. 32. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 18 Page 299 of 443 CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 19 FDP CD, L.L.C. y: Rodney A. Blackwell Managing Member Page 300 of 443 EXHIBIT "A-1" Legal Description of Company Property Tract 1: Lot 9, except the Northwesterly 40 feet in width thereof, Block 3, in the Original Plat on the East side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Tract 2: The Northwest 40 feet of Lot 9, Block 3, in the Original Plat on the East side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Tract 3: The Southeasterly 55 feet of Lot 10, Block 3, in the Original Plat on the East side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Tract 4: That part of vacated Water Street Tying between the Southeasterly line of Fourth Street and the Northwesterly line of Fifth Street as established by extending the Northwesterly and the Southeasterly line of Block 3, in the Original Plat on the East side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Tract 5: All that part of a tract of land in the fractional block opposite Block 3 between Water Street and the Cedar River and between Fourth Street and Fifth Street, Original Plat East Waterloo, Iowa, which is described as follows: Commencing at the most Southerly comer of Block 3, Original Plat of East Waterloo, Black Hawk County, Iowa; thence Southwesterly along the Southeasterly line of said Block 3 extended 49.5 feet to the Easterly comer of fractional block opposite said Block 3 and the point of beginning: thence continuing southwesterly 104.92 feet along said extension, said line being the Northwesterly line of 5th Street; thence Northwesterly parallel with Water Street, 83.5 feet; thence Northeasterly parallel with 5th Street, 38.0 feet; thence Northwesterly parallel with Water Street, 23.0 feet; thence Northeasterly parallel with 5th Street, 66.92 feet to the Southwest line of Water Street; thence Southeasterly along said line, 106.50 feet to the point of beginning, except that part Tying within the following described parcel: Commencing at the point of intersection of the extension of the Northwest line of Block 3, Original Plat of East Waterloo and the Southwest line of Water Street; thence North 48 degrees, 15 minutes West, 3 .10 feet to the extension of the Southeast line of Fourth Street Bridge, said Southeast line of the bridge being parallel to and 28.5 feet from the center line of said concrete bridge; thence Southwesterly 78.25 feet along said Southeast line of the bridge to the Southwesterly face of the old stone wall connecting the bridge and the foundation of the old Mill Company building; thence along the Southwest face of the wall connecting the bridge with the Mill Company building to the Westerly comer of the old Mill Building, said point being South 41 degrees 27 minutes West, 89.85 feet and North 47 degrees 49 minutes West 2.0 feet from the place of beginning; thence South 4 7 degrees 49 minutes East 62.0 along the line of the old Mill Company building to the intersection with the River Front line as established by decree of the District Court of Black Hawk County; thence South 45 degrees 36 minutes East 138.6 feet along said River Front line to the point of intersection of said line with the North line of a certain private alley deeded to the Com Belt Telephone Company in 61 TLD 119, said point being 106.5 feet Northwest of Fifth Street and 96.67 feet from Water Street; thence North 41 degrees 29 minutes East, 96.67 feet parallel with the Northwest line of Fifth Street, to the Southwesterly line of Water Street; thence North 48 degrees 15 minutes West, 198.6 feet to the point of beginning. 1 Page 301 of 443 Tract 6: All that part of a tract of land in the fractional block opposite Block 3 between Water Street and the Cedar River and between Fourth Street and Fifth Street, Original Plat East Waterloo, Iowa, which is described as follows: Commencing at the point of intersection of the extension of the Northwest line of Block 3, Original Plat of East Waterloo and the Southwest line of Water Street; thence North 48 degrees, 15 minutes West, 3 .10 feet to the extension of the Southeast line of Fourth Street Bridge, said Southeast line of the bridge being parallel to and 28.5 feet from the center line of said concrete bridge; thence Southwesterly 78.25 feet along said Southeast line of the bridge to the Southwesterly face of the old stone wall connecting the bridge and the foundation of the old Mill Company building; thence along the Southwest face of the wall connecting the bridge with the Mill Company building to the Westerly comer of the old Mill Building, said point being South 41 degrees 27 minutes West, 89.85 feet and North 47 degrees 49 minutes West 2.0 feet from the place of beginning; thence South 4 7 degrees 49 minutes East 62.0 along the line of the old Mill Company building to the intersection with the River Front line as established by decree of the District Court of Black Hawk County; thence South 45 degrees 36 minutes East 138.6 feet along said River Front line to the point of intersection of said line with the North line of a certain private alley deeded to the Com Belt Telephone Company in 61 TLD 119, said point being 106.5 feet Northwest of Fifth Street and 96.67 feet from Water Street; thence North 41 degrees 29 minutes East, 96.67 feet parallel with the Northeast line of Fifth Street, to the Southwesterly line of Water Street; thence North 48 degrees 15 minutes West, 198.6 feet to the point of beginning, that lies within the following described parcel: Commencing at the most Southerly comer of Block 3, Original Plat of East Waterloo, Black Hawk County, Iowa; thence Southwesterly along the Southeasterly line of said Block 3 extended, 49.5 feet to the Easterly comer of fractional block opposite said Block 3 and the point of beginning: thence continuing southwesterly 104.92 feet along said extension, said line being the Northwesterly line of 5th Street; thence Northwesterly parallel with Water Street, 83.5 feet; thence Northeasterly parallel with 5th Street, 38.0 feet; thence Northwesterly parallel with Water Street, 23.0 feet; thence Northeasterly parallel with 5th Street, 66.92 feet to the Southwest line of Water Street; thence Southeasterly along said line, 106.50 feet to the point of beginning. Tract 7: The Northwesterly eighty and five tenths (80.5) feet of Lot Ten (10), Block Three (3), Original Plat on the east side of the Cedar River in the City of Waterloo, Black Hawk County, Iowa. Tract 8: The Northwesterly thirteen and sixty-six hundredths (13.66) feet of the Southeasterly sixty-eight and sixty-six hundredths (68.66) feet of Lot Ten (10), Block Three (3), Original Plat on the east side of Cedar River in City of Waterloo, Black Hawk County, Iowa. 2 Page 302 of 443 EXHIBIT "A-2" Legal Description of City Property Phase 622 Property Original Plat Waterloo East, Lots 1 and 4, Block 28, except Southwest 28 feet of Lot 4. Phase 715 Property Original Plat Waterloo East, Lots 1 through 10, Block 40. 1 Page 303 of 443 EXHIBIT "B" Form of MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), and , L.L.C. ("Company"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "City Property"), described in Exhibit "A-2" thereto as the [622 or 715] Phase Property, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the City Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the City Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City expects to authorize the issuance of general obligation bonds, the proceeds of which will be used to fund an economic development grant to the Company (the "City Bonds"), the principal of and interest on which City Bonds are expected to be paid in part from the real property taxes paid with respect to the City Property and the Minimum Improvements located thereon. WHEREAS, the City and the Assessor of Black Hawk County, Iowa (the "Assessor") have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the City Property and Minimum Improvements to be 1 Page 304 of 443 constructed thereon by Company as a part of the Project shall not be less than $ (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, [date 30 years after date stated in Section 1]. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the City Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the City Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the City Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the City Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the City Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property 2 Page 305 of 443 contained as a part of the City Property or the Minimum Improvements determined by any tax official to be applicable to the City Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the City Property or the Minimum Improvements; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 306 of 443 CITY OF WATERLOO, IOWA [Company name] By: Mayor By: City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) By: Rodney A. Blackwell Managing Member On this day of , before me, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public 4 Page 307 of 443 STATE OF IOWA ) ) ss. COUNTY ) Subscribed and sworn to before me on , by Rodney A. Blackwell as Managing Member of [company name]. Notary Public 5 Page 308 of 443 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Million Hundred Thousand and 00/100 Dollars ($ .00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public 1 Page 309 of 443 J s A DEVELOPMENT, LLC. Monday, December 2, 2024 City Council City of Waterloo, Iowa 715 Mulberry St Waterloo, IA 50703 Council Members: Please consider this our Company's objection to the issuance of $10.5 million of general obligation Urban Renewal Bonds on tonight City Council agenda (Public Hearings number 3). We do not object to the project to relocate City Hall and the City Hall Annex to 100 E Park Avenue in principle. Our objection is to be placing the entire financial burden for this project on Downtown Waterloo real estate taxpayers. This project, if no other, certainly benefits the entire City and therefore should be funded through bonds supported by the general debt service levy. The issuance of these bonds does not provide significant enough new tax revenue to the TIF district to justify the expenditure from limited TIF funds. The $6.2 million development grant, in exchange for $6.6 million of taxable value, exceeds the terms of any previous Downtown development grant by at least 3.5 times. Previous comparable agreements would likely have only produced a development grant of no more than $1.7 million for this $6.6 million in taxable value. The $4.3 million to remodel 100 E 4th Street for the City's use does not produce incremental benefit to the TIF as the property will not be taxable and relocating a workforce three blocks provides inconsequential incremental benefit to adjoining properties. There are several unfunded opportunities for improving Downtown Waterloo for which these resources are needed. These include: 1) Landmark properties — There is currently over 310,000 square feet of space located in four largely vacant properties (Black's, River Plaza, US Bank, Bergan KDV) that are not already under a development agreement. Each of these projects will take substantial TIF participation to successfully happen. These projects together are on par with the Crossroads redevelopment project and therefore we should expect similar levels, or more, of incentive will be necessary. 2) One-way Conversion — The conversion of 5th and 6th Streets will provide substantial benefit to Downtown and increase valuation and marketability for properties located in the corridor. This project has been discussed for nearly a decade. While a study has been done, paid for with Downtown TIF, and funding applications have been made to the Federal government, this project remains unfunded. Given the upcoming changes in Washington DC, resources from outside become increasingly unlikely. 3) Street Scaping — There is no plan for improvements to the streetscape in the historic core of Downtown between West and East 3' Street and the Iowa Northern tracks. The only street scape 1 JSA DEVELOPMENT • 215 EAST 4TH STREET, WATERLOO, IOWA 50703 • (319) 233-3147 Page 310 of 443 J DEVELOPMENT, LLC. improvements made on the cross streets (Mulberry, Lafayette, Sycamore, Cedar, Commercial and Jefferson) to date have happened largely because of JSA Development driving the process and largely at our cost. We have made multiple requests to have the City of Waterloo lead the effort by developing a tree plan for Downtown. These requests have fallen on deaf ears. 4) Main Street Waterloo — Main Street Waterloo is the only unifying champion for Downtown Waterloo. While providing significant benefit to both Downtown and the City, the organization remains chronically underfunded and limited in its potential because of the constant struggle to raise funds from the very people and businesses who are paying taxes into the Downtown TIF. We are not opposed to the City Hall relocation project; we are opposed to funding it only with Downtown Waterloo TIF dollars. To fund this way would be like saying that Downtown TIF should be the source of funds to purchase City vehicles because the vehicles are parked Downtown. I look forward to and would welcome your feedback on why this funding sources makes sense for the Downtown TIF. If you have any questions, please reach out to me via email at ddeeds@jsadevelopment.com Sincerely, David Deeds President C: Mayor Quentin Hart Jessica Rucker, Main Street Waterloo 2 JSA DEVELOPMENT • 215 EAST 4TH STREET, WATERLOO, IOWA 50703 • (319) 233-3147 Page 311 of 443 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 December 2, 2024 AGENDA ITEM TITLE Sale and conveyance of city -owned property, a vacant lot located within the Walnut Neighborhood, in the amount of $1.00, to Iowa Heartland Habitat for Humanity, including approval of a development agreement. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City acquired the property in collaboration with the County Board of Supervisors and the Tax Sale process. The lot will have a single family home constructed upon it and will receive the $5,000 infill housing grant. NEIGHBORHOOD IMPACT Redevelopment of the lot 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 Nuisance Bonds ALTERNATIVE ACTION Not Approve LEGAL DESCRIPTION Railroad Addition, Waterloo, the North 31 feet of the South 59 feet of Lot 7 in Block 21, and the North 31 feet of the South 59 feet of the West 40 feet of Lot 8 in said Block 21. Page 312 of 443 ATTACHMENTS 1. Habitat parcel 8913-24-159-006 aerial 2. Habitat DA for parcel 8913-24-159-006 Page 313 of 443 —DANE ST DANE ST 0 Parcel No. 8913-24-159-006 Note: Base map data source is Black Hawk Cou ty. This map does not represent a survey. no ability is coed for the accuracy of the data d ineated herein, eXher expressed or Implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty. xpress or Implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. Parcel No. 8913-24-159-006 Deno 41A of AAR 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 an infill lot in an established residential neighborhood in the City of Waterloo, as identified on Exhibit "A" attached hereto (the "Property"). B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) is being undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not Page 315 of 443 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 the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. At its own expense Company shall construct upon the Property one (1) single-family home as further described and depicted in plan to be submitted to City. No more than one home shall be constructed on the Property 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 Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; 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 Property 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 Property is conveyed to Company (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements on the Property have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. Page 316 of 443 B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 13, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of 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 the Property 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 Property or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property, 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 Property free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within 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 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 Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. Page 317 of 443 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. 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 and has obtained final inspection on all permits obtained for Improvements on the Property. 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 the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements upon the Property. 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 the Property 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. 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. Page 318 of 443 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. 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 Page 319 of 443 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 Property, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property; or E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. Page 320 of 443 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. 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 Property 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. 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 Property 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 Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and Page 321 of 443 defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 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. Page 322 of 443 (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 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. Page 323 of 443 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. CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: By: Quentin Hart, Mayor Ali Parrish, Executive Director Attest: Kelley Felchle, City Clerk Page 324 of 443 EXHIBIT "A" Description of Property Parcel No. 8913-24-159-006 — Railroad Addition, Waterloo, the North 31 feet of the South 59 feet of Lot 7 in Block 21, and the North 31 feet of the South 59 feet of the West 40 feet of Lot 8 in said Block 21. Page 325 of 443 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 December 2, 2024 AGENDA ITEM TITLE Request by Maria E. Schnepf to rezone approximately 0.10 acres from "R-4" Multiple Residence District to "R-4, C-Z" Conditional Zoning District to allow for a retail store located at 1122 W. 4th Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone 0.10 acres from "R-4" Multiple Residence District to "R-4, C-Z" Conditional Zoning District to allow for a small retail store. The "R-4" zone does not allow retail, but the building was originally built in 1957 to serve as professional offices, which is an allowed use in the "R-4" The applicants are also requesting a 16-square-foot monument sign in the front of the building to better advertise their business. The adjacent business has a monument sign of its own. There would appear to be adequate parking for the small retail operation at this location. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming and Zoning Commission on November 12, 2024 which was recommended for approval 6-0 and notice was sent to property owners within 250 feet along with the Church Row Historic Neighborhood Association. SOURCE OF EXPENDITURES N/A Page 326 of 443 ALTERNATIVE ACTION LEGAL DESCRIPTION Lot No. Fourteen (14) in Block No. Six (6) in Whitney and Sedgwick's Addition to the City of Waterloo, Iowa, except that part thereof described as follows: Begining at a point on the Southeasterly line of said Lot No. Fourteen (14) which is Thirty and Sixteen Hundredths (30.16) feet Northeasterly of the most Southerly corner of said Lot; thence Northwesterly to a point on the Northwesterly line of said Lot which is Twenty-nine and Seventy-six Hundredths (29.76) feet Northeasterly from the most Westerly corner of said Lot; thence Northeasterly along the Northwesterly line of said Lot to the most Northerly corner of said Lot; thence Southeasterly along the Northeasterly line of said Lot to the most Easterly corner of said Lot; thence Southwesterly along the Southeasterly line of said Lot to the place of beginning. ATTACHMENTS 1 Staff Report - 1122 w 4th 2. Overview Map - 1122 W 4th 3. Aerial Map - 1122 W 4th 4. Legal 5. Application Page 327 of 443 November 12, 2024 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by Maria E. Schnepf to rezone approximately 0.10 acres from "R-4" Multiple Residence District to "R-4, C-Z" Conditional Zoning District to allow for a retail store located at 1122 W. 4th Street. Maria E. Schnepf, 1122 West 4th Street, Waterloo, Iowa 50702 The applicant is requesting to rezone approximately 0.10 acres from the "R-4" Multiple Residence District to the "R-4,C-Z" Conditional Zoning District to allow for a retail store in former professional office space and a 16-square-foot monument sign. The request would not appear to have a negative impact on the surrounding neighborhood. The request does not appear to have a negative impact on traffic or pedestrian conditions in the area. The property is located on West 4th Street which is a minor arterial. Streets in the area have sidewalks. There are no trails in the area. The surrounding residential development occurred between 1904 and 1940, a church in a former professional office building was built in 1960 and a church was built in 1924 No buffering will be required with this request. The area in question is currently zoned "R-4" Multiple Residence District and has been zoned as such since the adoption of Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North, South, and East — Residential and a church zoned "R-4" Multiple Residence District. West — Residential and a church zoned "R-4" Multiple Residence District and "R-3" Multiple Residence District. Rezone "R-4" to "R-4,C-Z" Page 1 of 6 Page 328 of 443 November 12, 2024 �(,i a1 (I i�l ,q.e lii MFTI�Na�SA_ USC,5 /, DRAINAGE: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: FLOODPLAIN: The request should not affect drainage in the area. Irving Elementary School is located 800 feet to the southeast, Hoover Middle School is located 1.69 miles to the southwest, and West High School is located 1.15 miles to the south. There is an 8" sanitary sewer line in West 4th Street and 4" drain tiles on each side of West 4th Street located 3' behind the curb. There are overhead power lines on the southeast side of West 4th Street. The Future Land Use Map designates this property as Mixed Residential: Low, Medium, High Density Residential; Professional Offices. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan, approved on August 21, 2023. The property is not in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0301 F, dated July 18, 2011. A vast majority of the property site in question is not located in a special flood hazard area. Rezone "R-4" to "R-4,C-Z" Page 2 of 6 Page 329 of 443 November 12, 2024 Picture 1: Front of building. Picture 2: Looking northeast along West 4th Street. Rezone "R-4" to "R-4,C-Z" Page 3 of 6 Page 330 of 443 November 12, 2024 Picture 3: House next door to proposed rezone. Picture 4: Former professional office now a church located across West 4th Street. Rezone "R-4" to "R-4,C-Z" Page 4 of 6 Page 331 of 443 November 12, 2024 Picture 5: Looking from alley to back of building. Picture 6: Back of building and surrounding residences Rezone "R-4" to "R-4,C-Z" Page 5 of 6 Page 332 of 443 November 12, 2024 STAFF ANALYSIS ZONING ORDINANCE: TECH REVIEW NOTES: STAFF ANALYSIS SUBDIVISION ORDINANCE: STAFF RECOMMENDATION The applicant is requesting to rezone 0.10 acres from "R-4" Multiple Residence District to "R-4, C-Z" Conditional Zoning District to allow for a small retail store. The "R-4" zone does not allow retail, but the building was originally built in 1957 to serve as professional offices, which is an allowed use in the "R-4" The applicants are also requesting a 16-square-foot monument sign in the front of the building to better advertise their business. The adjacent business has a monument sign of its own. There would appear to be adequate parking for the small retail operation at this location. There is no platting in relation to this request. Therefore, staff recommends that the request Maria E. Schnepf to rezone approximately 0.10 acres from "R-4" Multiple Residence District to "R-4, C-Z" Conditional Zoning District to allow for a retail store located at 1122 W. 4th Street, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The rezone will support a small business in the city. Rezone "R-4" to "R-4,C-Z" Page 6 of 6 Page 333 of 443 City of Waterloo Planning, Programming and Zoning Commission November 12, 2024 1122 West 4th Street Rezone from "R-4" to "R-4,R-P" Maria E. Schnepf Pan!- '2'24 of 44'a IQ of '"A T�. .. o u y{{v , , �� -«� o 1) 6�9 7tlll City of Waterloo Planning, Programming and Zoning Commission November to, 2024 s Contributors, Iowa ►1P. cper:StreetMap, . Galmin, SafeGr3ph. "=-oTechno!ogigs, Inc, METi.. A.. USGS, EPA, NPS, L. CMn Bureau, CJSUA, L'SFWS n 1122 West 4th Street Rezone from �� R-4�� " to R-4,C-Z" Maria E. Schnepf Pant- QQG of 44 w r of w r� ,, {° Q "":;;ri,;;T.,' o 1) IVO Exhibit A EXCEPT ANY LEGAL HIGHWAYS, Lot No. Fourteen (14) in Block No. Six (6) in Whitney and Sedgwick's Addition to the City of Waterloo, Iowa, except that part thereof described as follows: Commencing at a point on the Southeasterly line of said Lot No. Fourteen (14) which is Thirty and Sixteen Hundredths (30.16) feet Northeasterly of the most Southerly corner'of said Lot; thence Northwesterly to a point on the Northwesterly line of said Lot which is Twenty-nine and Seventy-six Hundredths (29.76) feet Northeasterly from the most Westerly corner of said Lot; thence Northeasterly along the Northwesterly line of said Lot to the most Northerly corner of said Lot; thence Southeasterly along the Northeasterly line of said Lot to the most Easterly corner of said Lot; thence Southwesterly along the Southeasterly line of said Lot to the place of beginning. Page 336 of 443 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's ,game — Business Name if Applicable (please print): (`1 l a c ICI .115 C ]1 ►20- Address: a W �5� Phone: 3 i 9 0) 9 (} - y'lo- Fax: City: 'V\ A-2f t (`) r State: Zip: 567.6 Email: e,�p na - -10_r nepr 0 e \(c.o'oo,- C_On-\ b. Status of applicant: (a) Owner X (b) Other (CHECK ONE): If other explain: c. Property owner's name, i different than above (please print): Address: Q .p (prO V Q �{VQ Phone: 31.9 ,J ] OH :3 Fax: City: V. ck_ e l `d Q State: _: i- Zip: S0 90? Email: C IP_YlckmCin .V€ a2 e 11gl.to0, CGrr> 2. PROPERTY INFORMATION: a. General location of property to be rezoned: b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zonin Bou dary (Excluding Right of Way): e. Current zoning: Requested zoning: f. Reason(s) for rezoning and proposed use(s) of property: 1C ei / ,vrintz ' 74--f (, g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shalt be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request, 4/w ignature o Applicant /i— t Lit Date Signature of Owner Page 337 of 443 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 December 2, 2024 AGENDA ITEM TITLE Real Estate Purchase Agreement with 1515 Sycamore, LLC, to purchase the former Rath Administration Building and a vacated portion of Elm Street, including an Amendment to the Development Agreement. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to approve a real estate purchase agreement with 1515 Sycamore, LLC to purchase the former Rath Administration Building and a vacated portion of Elm Street, and approving a second amendment to the development agreement for the sale and conveyance of Elm Street, located at, as well as adjacent to 1515 Sycamore Street, and instruct City Clerk to publish notice. The developer is asking for a 4 percent housing tax credit from the Iowa Finance Authority (IFA), and that application process requires a purchase agreement. NEIGHBORHOOD IMPACT This would have a very positive impact upon the area as this building has been vacant since 1985 when Rath Packing Company ceased operations and liquidated, and restoring the structure will eliminate a large blighted structure and promote other growth in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Elm Street has already been vacated, and an amendment to the development agreement is be needed to convey that property in the future. SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 338 of 443 LEGAL DESCRIPTION Lots 1-12, Block 4, and all of the alley in Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa; AND That portion of Elm Street lying southwesterly of the southwesterly right-of-way line of Lafayette Street and lying northeasterly of the northeasterly right-of-way line of Sycamore Street, subject to the retention of a public utility easement over, under, across and upon the above described area. ATTACHMENTS 1. Purchase Agreement 2. Second Amendment to Development Agreement Page 339 of 443 REAL ESTATE PURCHASE AGREEMENT TO: City of Waterloo, Iowa ("Seller") FROM: 1515 Sycamore, LLC ("Buyer") Preamble: Seller previously entered into a certain Development Agreement (the "DA") with Gearhart Moore Holdings, LLC ("GMH") dated April 15, 2024, and pursuant to a certain amendment thereto dated May 22, 2024, Buyer herein was substituted for GMH as project developer. The DA has been further amended to include additional real estate, pursuant to a certain amendment thereto dated December 2, 2024. All of said instruments and a project site map are attached hereto as exhibits. Each of said instruments has been previously approved by the City Council of Seller. The parties enter into this Agreement in supplementation of the DA to qualify Buyer's intended development project for housing tax credit. This Agreement is not intended to alter the terms of the DA, as amended, nor shall it have the effect of doing so. Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated at 1515 Sycamore Street, Waterloo, Iowa, consisting of 2.1665 acres, more or less, and a portion of Elm Street, consisting of 0.4049 acres, more or less (in all, a total of 2.5714 acres, more or less), legally described as per the abstract of title and generally described as set forth on Exhibit 1 attached hereto; together with any easements and appurtenant servient estates, but subject to restrictive covenants, ordinances, limited access provisions, and easements of record, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $1.00, due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, subject to prior satisfaction or waiver of any conditions stated in this Agreement or the DA. City will convey title to Company within 30 days of receiving a written request from Company, provided that before such request the development project has received one or more of the following: (i) an award of 4% tax credits from the Iowa Finance Authority; (ii) an award of state and federal historic tax credits in an amount satisfactory to Company; (iii) an award of grayfield credits from the State of Iowa; (iv) an award of infill housing credits from the City; or (v) approval of a loan commitment for project financing. Company must request conveyance of title within 48 months after the date of this Agreement, or City may, at its option, terminate this Agreement by written notice to Company. 3. REAL ESTATE TAXES. The Property is currently exempt from real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. CONDITION OF PROPERTY. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. 6. ABSTRACT AND TITLE. As set forth in the DA. 7. DEED. As set forth in the DA, except that the part of the Property consisting of vacated Elm Street shall be conveyed by quit claim deed. 8. REMEDIES OF THE PARTIES. As set forth in the DA. Page 340 of 443 9. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 10. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 11. ADDITIONAL PROVISIONS. A. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. B. The parties hereby affirm the DA and agree that this Agreement does not modify or amend any of the terms set forth in the DA, nor waive any rights thereunder. 12. ENTIRE AGREEMENT. This Agreement, together with the DA as previously amended, represents the entire agreement between the parties. 13. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts transmitted by electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. SELLER BUYER City of Waterloo, Iowa 1515 Sycamore, LLC By: By: Mayor Sam Edelson, Manager Attest: City Clerk 2 Page 341 of 443 Exhibits See the following documents attached hereto: 1. Property description 2. Development Agreement dated April 15, 2024 3. Amendment to Development Agreement dated May 22, 2024 4. Amendment to Development Agreement dated December 2, 2024 5. Site Map Page 342 of 443 Exhibit 1 Property Description Lots 1-12, Block 4, and all of the alley in Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa; AND That portion of Elm Street lying southwesterly of the southwesterly right-of-way line of Lafayette Street and lying northeasterly of the northeasterly right-of-way line of Sycamore Street, subject to the retention of a public utility easement over, under, across and upon the above described area. Page 343 of 443 Exhibit 2 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of i\vr-44` 1 t , 2024 by and between Gearhart Moore Holdings, LLC or its permitted assignee (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City is the owner of real property at 1515 Sycamore Street, legally described as set forth on Exhibit "A" attached hereto (the "Property"). Company desires to undertake a project on the Property and is willing and able to finance, rehabilitate and construct a total of at least 70 apartment units and related improvements thereon, upon the terms herein. B. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act'), City is engaged in carrying out urban renewal project activities in an area known as the Rath Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). C. City considers affordable housing development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company in its as -is condition for the sum of $1.00 (the "Purchase Price"). Page 344 of 443 Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. City shall convey title to Company in accordance with the terms of Section 4.B below. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own option and expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements. Company shall rehabilitate and renovate the existing structure on the Property and construct not less than seventy (70) apartments, common spaces and supporting amenities, and related landscaping, storm water, paving, sidewalks, signage and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Furthermore, Company shall exercise reasonable efforts to rehabilitate the building according to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and to work with the Iowa State Historical Preservation Office in order to qualify the Project for available federal and/or State of Iowa historic tax credits. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." Improvements completed within the schedule established by Section 4 below will be eligible for the benefits provided for in this Agreement. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and 2 Page 345 of 443 conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin the work of rehabilitation and construction of the Improvements within four (4) months after the date of conveyance (the "Start Date") and Substantially Complete construction within twenty-four (24) months thereafter (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 the City has verified that any Project element for 3 Page 346 of 443 which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph C 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 the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Time of Conveyance. City will convey title to Company within 30 days of receiving a written request from Company, provided that before such request the Project has received one or more of the following: (i) an award of 4% tax credits from the Iowa Finance Authority; (ii) an award of state and federal historic tax credits in an amount satisfactory to Company; (iii) an award of grayfield credits from the State of Iowa; (iv) an award of infill housing credits from the City; or (v) approval of a loan commitment for Project financing. Company must request conveyance of title within 48 months after the date of this Agreement, or City may, at its option, terminate this Agreement by written notice to Company. C. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 19, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay'), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City properly terminates this Agreement as provided in Section 19, 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 or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, then Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also return to City the abstract of title, if provided. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty 4 Page 347 of 443 (30) days of 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 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, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. 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 the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 7. Utilities. Company will be responsible for extending, at its own expense, water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date, as may be extended, set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $1,335,410.00 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. 5 Page 348 of 443 Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. 9. Project Incentives. To aid the Project, City agrees to provide the following assistance: A. Grants. Provided that Company has completed the Improvements before the Completion Deadline, and that Company has executed an MAA as set forth in Section 8 above, City agrees to make a semi-annual grant payment (each a "Grant") to Company within five (5) business days after City receives from Company proof that Company has paid, as applicable, the general property tax installment payable in September and the immediately following March of each property tax fiscal year (a "Fiscal Year"), starting in Year One (defined below). If Company desires to expedite City's ability to issue a Grant, Company may notify City of its intent to make the tax payment up to thirty (30) days in advance of the payment due date. Subject to the terms of this Agreement, City agrees to make thirty (30) Grants to Company. Each Grant shall be an amount equal to the general property tax installment that will be delinquent if not paid in full on or before September 30 or March 31, as applicable, less $5,000.00. "Year One" is the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event Improvements on the Property are completed prior to January 1, 2026 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2026 assessed value would be for the Fiscal Year ending June 30, 2028. The first Grant would be payable by City on or before September 1, 2027. B. Infill Housing Incentive. In addition to any other Project incentives made available by City under this Agreement, City will pay a grant of $5,000.00 to Company as provided in the City's infill housing policy for timely completion of each dwelling unit of the Improvements. Such grant will be payable within sixty (60) days after City has verified that the Improvements have been Substantially Completed. C. Grayfield Incentive. In addition to any other Project incentives made available by City under this Agreement, City will cooperate with Company to secure a grant of up to $1,500,000.00 to Company through the State of Iowa's Brownfield and Grayfield Redevelopment Tax Credit Program (the "Grayfield Grant"). Such grant will be payable according to the terms of the grant award. Company's obligation to proceed with the Project is contingent upon award of the full amount of the Grayfield Grant. 6 Page 349 of 443 10. Limitations on Payment of Grants. A. Each payment of a Grant is subject to annual appropriation by the city council each fiscal year. City acknowledges Company is relying upon City's promises and obligations as contained in this Agreement and Company's financing for the Project is contingent upon the fulfillment of City's obligations hereunder. However, City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non -appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Grants shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 9.A hereof, City shall have no obligation to make a payment of a Grant to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Grant payment to Company, as contemplated under Section 9.A above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circumstances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Grant payments would otherwise have been paid to Company under the terms of Section 9.A, then either party may terminate this Agreement, without penalty or other liability to the other party, by written notice to the other party. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made 7 Page 350 of 443 available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 11. Conditions to City Funding. A. The complete or initial funding by City of the Grants and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Grant disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Grant payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Grant payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Grant payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district and/or amendment of the applicable urban renewal plan, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Grant payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 14 shall be true and correct as of the Grant disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Grant disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) make it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 12. 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: 8 Page 351 of 443 A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably required and requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date 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 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 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. E. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have an assessed value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until termination of the MAA, Company agrees that it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of 9 Page 352 of 443 the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law or City ordinance, of the taxation of real property included within the Property. Company shall keep the Property secure against unauthorized entry to prevent vandalism or damage to the Property or loss of materials, tools or equipment during construction of the Improvements. 13. 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. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company 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. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 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 bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of 10 Page 353 of 443 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. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement 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. F. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 15. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's acquisition of the 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 about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. 11 Page 354 of 443 C. The provisions of this Section shall survive the expiration or termination of this Agreement. 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. City agrees to use its best efforts to complete such activities in a diligent and timely manner. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same. 17. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City, which shall not be unreasonably withheld or delayed. 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. 18. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and Substantially 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, any part of the Property, or this Agreement, without the prior written consent of City, if such written consent is required pursuant to Section 17; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) 12 Page 355 of 443 makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any part of the Property; F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof; or G. Failure by City to diligently pursue City's obligations hereunder, including, but not limited to, funding, approving and providing the Grants described in this Agreement in a timely manner. 19. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property 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. 13 Page 356 of 443 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. 20. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement to be performed on the part of one party is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for the other party to enter this Agreement. Each party acknowledges that without such promises, covenants, representations, and warranties, the other party would not have entered this Agreement. Upon a party's material breach of any promise or covenant, or in the event of the material incorrectness or falsity of any representation or warranty by a party, the other party 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, in accordance with the terms of this Agreement. 21. 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. 22. 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. 23. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 2079 W. 44th Avenue, Denver, Colorado 80211, Attention: Benjamin Gearhart & Charles Moore, with copies to Company legal counsel at 314 E. 4th Street, Waterloo, Iowa 50703, Attention: Michael Young. 14 Page 357 of 443 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) four (4) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 15 Page 358 of 443 30. Counterparts. This Agreement may be executed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts transmitted by electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 31. 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. 32. 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 GEARHART MOORE HOLDINGS, LLC By: L Quentin M. Hart, Mayor Attest: elley Fel le, City Clerk By: Charles Moore, its Manager 16 Page 359 of 443 EXHIBIT "A" Legal Description of Property Lots 1-12, Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa; and All of the alley in Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa. Commonly known as 1515 Sycamore Street, Waterloo, IA 50707; Parcel ID # 891325259002 Page 360 of 443 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of rA ts" , 2024, by and among the CITY OF WATERLOO, IOWA ("City"), GEARHART MOORE HOLDINGS, LLC or its permitted assignee ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the Rath Urban Renewal and Redevelopment Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than$1,335,410.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2025 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 361 of 443 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2055. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 Page 362 of 443 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 363 of 443 CITY OF WATERLOO, IOWA By: � _ By: Quentin Hart, Mayor Kelley Felchl�,�City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this / ` day of AO / , 2024, before me, a Notary Public in and for the State of Iowa, perso .Ily appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. GEARHART MOORE HOLDINGS, LLC By: Charles Moore, its Manager BRITNI C PERKINS COMMISSION NO. 845529 MY COMMISSION EXPIRES JANUARY 27, 2026 4 Page 364 of 443 STATE OF COLORADO ) ss. DENVER COUNTY Subscribed and sworn to before me on Mari Ism Moore as Manager of Gearhart Moore Holdings, LLC. ELIZABETH CLAVEL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194020964 MY COMMISSION EXPIRES 06/04/2027 --/ Notary Public , 2024 by Charles 5 Page 365 of 443 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than One Million Three Hundred Thirty -Five Thousand Four Hundred Ten and 00/100 Dollars ($1,335,410.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2024 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 366 of 443 Exhibit 3 Preparer information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT TO DEVELOPMENT AGREEMENT AND AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendme t to Minium Assessment Agreement (the "Amendment") is entered into as of 2, 2024, by and between Gearhart Moore Holdings, LLC (the "Company") and th(e City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to a certain Development Agreement dated April 15, 2024 (the "DA"), concerning the development of land (the "Property") described on Exhibit "A" to the DA. Company and City are also parties to that certain Minimum Assessment Agreement (the "MAA") pertaining to the Property, dated as of the same date as the original DA. B. The DA contemplated that Company might assign its interest in the DA and the MAA to a different entity for project purposes, and Company desires to make an assignment in connection with an application for tow - income housing tax credits. C. The parties desire to amend the DA and the MAA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The DA and the MAA are hereby amended to substitute 1515 Sycamore, LLC as "Company" in lieu of Gearhart Moore Holdings, LLC. 1515 Sycamore, LLC does hereby agree to all terms, conditions, and covenants of Company under the DA and the MAA as though 1515 Sycamore, LLC were an original party thereto, and 1515 Sycamore does hereby assume all duties of Company thereunder. Gearhart Moore Holdings, LLC is hereby released from further obligation under the DA and the MAA and hereby waives any and all right, title, interest or claim in or to the Property or any benefit Page 367 of 443 flowing to Company under the DA or the MAA. City does hereby consent to the foregoing assignment and assumption. 2. Except as modified herein, the DA and MAA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA or MAA, as applicable. The DA, MAA, and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GEARHART MOORE HOLDINGS, LLC By: QUefiUZ 9ir Quentin Hart, Mayor Approved by council 6/3/2024 Attest: Nlelley Felchle Kelly Felchle, City Clerk By: Charles Moore, Manager 1515 SYCA .S '�' , LLC By: Sam ��fson, Manager Page 368 of 443 Exhibit 4 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment to Development Agreement (the "Amendment") is entered into as of December 2, 2024, by and between 1515 Sycamore, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City and Company are parties to a certain Development Agreement dated April 15, 2024 (the "DA"), concerning the development of land (the "Property") described on Exhibit "A" to the DA, as amended by an amendment dated as of May 22, 2024. B. The parties desire to amend the DA to include conveyance of a portion of vacated Elm Street, on the terms set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The DA is hereby amended to strike Section 1 therefrom and to substitute in its place a new Section 1, as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company in its as -is condition for the sum of $1.00 (the "Purchase Price"). Conveyance of that portion of the Property in Block 4 shall be by special warranty deed, and conveyance of vacated Elm Street shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. Conveyance of vacated Elm Street shall be further subject to retention of public utility easements. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. City shall convey title to Company in accordance Page 369 of 443 with the terms of Section 4.B below. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own option and expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Exhibit "A" is hereby stricken from the DA, and Exhibit "A" attached to this Amendment is substituted in place thereof. 3. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA, as previously amended, and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Second Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA 1515 SYCAMORE, LLC By: By: Quentin Hart, Mayor Sam Edelson, Manager Attest: Kelly Felchle, City Clerk Page 370 of 443 EXHIBIT "A" Property Description Lots 1-12, Block 4, and all of the alley in Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa; AND That portion of Elm Street lying southwesterly of the southwesterly right-of-way line of Lafayette Street and lying northeasterly of the northeasterly right-of-way line of Sycamore Street, subject to the retention of a public utility easement over, under, across and upon the above described area. Page 371 of 443 -;CYL L 'a ,isk5, v• ler_. �'C*1*•1 k, ; DpenSt ee1iv ip. I hirl'olQgs.Irc.'.1_I Bureau. llS >=:. ,17,F's':S Rath Administration Building Site Map -1515 Sycamore Street Approximate Area of Both Parcels: 2.5714 Acres 0 255 510 1,020 Feet _.:-- 7 n eve Deck Fes. Cagy norep... s eu.e, no ieua, fa ancwaq oFFile dneefinaee Wren• enner and aiSH Bleck Have Cary. Me &ad Hart ,lseaeeoF. a Fcrrporeae. ?hapaim oc xanafRF. enpa.Ie%u UaO3OcoIfle aouaeV osTeinfnnraibn e ri dsfNdW elye pJ®Wini. iuGFr�IAe �kxar,: re '� .,ax.I.nree.,�on , nK mom eee Page 372 of 443 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment to Development Agreement (the "Amendment") is entered into as of December 2, 2024, by and between 1515 Sycamore, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City and Company are parties to a certain Development Agreement dated April 15, 2024 (the "DA"), concerning the development of land (the "Property") described on Exhibit "A" to the DA, as amended by an amendment dated as of May 22, 2024. B. The parties desire to amend the DA to include conveyance of a portion of vacated Elm Street, on the terms set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The DA is hereby amended to strike Section 1 therefrom and to substitute in its place a new Section 1, as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company in its as -is condition for the sum of $1.00 (the "Purchase Price"). Conveyance of that portion of the Property in Block 4 shall be by special warranty deed, and conveyance of vacated Elm Street shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. Conveyance of vacated Elm Street shall be further subject to retention of public utility easements. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. City shall convey title to Company in accordance Page 373 of 443 with the terms of Section 4.B below. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own option and expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Exhibit "A" is hereby stricken from the DA, and Exhibit "A" attached to this Amendment is substituted in place thereof. 3. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA, as previously amended, and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Second Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA 1515 SYCAMORE, LLC By: By: Quentin Hart, Mayor Sam Edelson, Manager Attest: Kelly Felchle, City Clerk Page 374 of 443 EXHIBIT "A" Property Description Lots 1-12, Block 4, and all of the alley in Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa; AND That portion of Elm Street lying southwesterly of the southwesterly right-of-way line of Lafayette Street and lying northeasterly of the northeasterly right-of-way line of Sycamore Street, subject to the retention of a public utility easement over, under, across and upon the above described area. Page 375 of 443 CITY OF ATERLO 0 J�. 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 December 2, 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. 11.21.2024 Waterloo Fire Rescue Turnout Gear Replacement Project 2. 20241122140221587 Page 376 of 443 Waterloo Fire Rescue Turnout Gear Replacement Project Bid Opening: November 21, 2024 Bidder Bid Amount MacQueen Cresco, IA $3,198.00 Dinges Fire Company Opt. A: $3,555.00 Amboy, IL Opt. B: $3,255.00 Page 377 of 443 MACQUEEN Ship To: WATERLOO FIRE Sean Schott (319) 291-4460 425 EAST THIRD STREET WATERLOO IA 50703 InvolceToi WATERLOO FIRE & RESCUE 425 E 3rd Street Waterloo IA 50703 Attention: SEAN SCHQTT McQueen 350 Austin Circle Delafield, WI 53018 (262) 646-5911 Fax:(262) 646-5912 Branch 16 - DELAFIELD, WI Date 11/21/2024 Time 10:06;26 (0) Page 1 Account No WATER020 Phone No 3192914460 Est No 01 030213 Ship Via Purchase Order GEAR Tax ID No 426005327 Salesperson 467 / 507 ESTIMATE EXPIRY DATE: 2025 BID PROPOSAL PARTS ESTIMATE - NOT AN INVOICE Part## Freight Included GX3C WATER020 GPS WATER020 Description U Qtv Price Amount GX3.0 JACKET 1 1839.65 1839.65 GLOBE PANT SYST 1 1359.24 1359.24 Authorization; Subtotal: 3198.89 Tax: .00 TOTAL: 3198.89 Vis►tUson/ine www.macqueengroup.com Page 378 of 443 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Leisure Services Interim Director Leisure Services Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Resolution approving name change of the Riverview Recreation Area to Paul Huting Recreation Area, as recommended by the Waterloo Leisure Services Commission. RECOMMENDED COUNCIL ACTION Approve renaming of Riverview Recreation Area to Paul Huting Recreation Area. SUMMARY STATEMENT AND BACKGROUND INFORMATION Retired and longtime Leisure Services Director, Paul Huting, has left his mark throughout the Waterloo community during his 44 years of service with the City. As Leisure Services Director he has overseen the development of Edison Park, Marks Park, Cedar Valley SportsPlex, Riverfront Sports Park, Sherwood Park Recreation Area, Pat Bowlsby Off -Leash Dog Park, Young Arena, Waterloo Riverside Skatepark, adding amenities to Greenbelt Lake, replacement of the Boathouse, improvements to the Byrnes Tennis Center, renovation of Lincoln Park, Lafayette Park, & most recently Gates & Byrnes Parks, as well as the development of Riverview Recreation Area. To commemorate Huting's long and impressive career, the Waterloo Leisure Services Commission has recommended renaming the Riverview Recreation Area to Paul Huting Recreation Area. It is important to note that the name of the lake will continue to be Harold Getty Lake. History of Riverview Recreation Area: In 1994 a task force headed by Councilperson Harold Getty and Paul Huting developed a plan to transform the former mining and landfill site at the East end of Mitchell Ave. into a multi -use park. Landscape Architect Craig Ritland was retained to develop a master plan. Huting developed an agreement with the Trailblazers Off Road Club to operate the OHV park on approximately 180 acres of the property. An incredible partnership was developed by Huting at this time between the Trail Blazers Off -Road Club, City of Waterloo, and Iowa Department of Natural Resources that is still in existence today resulting in a very popular OHV park. This agreement was renewed a few years ago for another 20 years. Huting used a number of REAP grants to add fishing, boating, hiking, picnicking, and restroom amenities to the 125 acre passive side of the park. Huting worked relentlessly to transform the Mitchell Ave. Sand Pits into what is today known as the Riverview Recreation Area. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Page 379 of 443 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 380 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Resolution of the City of Waterloo, Iowa, authorizing official banking signatures. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 2024-XXX - 12.2.2024 - Official Banking Signers Page 381 of 443 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2024-XXX RESOLUTION OF THE CITY OF WATERLOO, rowA AUTHORIZING OFFICIAL BANKING SIGNATURES. WHEREAS, accounts have been established in the name of the City of Waterloo, Iowa with Bank Iowa of Waterloo, IA, Community Bank & Trust of Waterloo, IA, Farmers State Bank of Waterloo, IA, First Security State Bank of Evansdale, IA, Great Western Bank of Waterloo, IA, Iowa Public Agency Investment Trust of Des Moines, IA, Trust Lincoln Savings Bank of Waterloo, IA, Heartland B & T of Waterloo, IA, Public Employees Credit Union of Waterloo, IA, Regions Bank of Waterloo, IA, Stifel Nicolaus & Company, Inc. of Waterloo, IA, UMB Bank (formerly Bankers Trust) of Des Moines, IA, US Bank of Waterloo, IA, Veridian Credit Union of Waterloo, IA, Wells Fargo Bank, N.A. of Waterloo, IA, wherein may be deposited any of the funds of the City of Waterloo whether represented by cash, check, note, or other evidences of debt, and from which deposit withdrawals may be made in the name of the City of Waterloo, Iowa by duly authorized officials of the city. NOW, THEREFORE, BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO IOWA, AS FOLLOWS: Section 1. Powers Granted: That the City Council of the City of Waterloo, Iowa hereby grants the officials named below the authority to sign on the City of Waterloo's financial accounts. Quentin Hart, Mayor Bridgett Wood, Finance Director Kim Bahr, Assistant Finance Director Kelley Felchle, City Clerk LeAnn Even, Deputy Clerk Nancy Higby, Deputy Clerk Ryan Stuber, Clerk II Emily Graham, Financial Analyst Shaubhik Roy, Financial Analyst Carrie Jackson, District General Manager for Oakview Group Jim Burbridge, Waterloo Convention Center General Manager from Oakview Group Section 2. That the City Council of the City of Waterloo, Iowa hereby grants the officials of the Waterloo Police Department named below the authority to sign only on the account designated as the Waterloo Police Department Property Account at Farmers State Bank. Greg Fangman Kelsey Gifford Ruth Muller Michelle Boesen Section 3. Accounts Payable and Payroll Checks: That the Mayor and the Financial Analysts names shall appear on accounts payable checks and payroll checks. Section 4. Previously Adopted Resolutions: Any resolution previously adopted by the City Council of the City of Waterloo, Iowa establishing authorized signers on the City of Waterloo's financial accounts is hereby rescinded. PASSED AND ADOPTED this 2th day of December 2024. Quentin Haert, Mayor Page 382 of 443 Resolution No. 2024-XXX Page 2 ATTEST: Kelley Felchle, City Clerk SEAL Page 383 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Resolution approving Preconstruction Agreement with Iowa Department of Transportation for the use of City of Waterloo Right -of -Way, for primary road improvements pertaining to the asphalt resurfacing of US Hwy. 63 from University Avenue to US Hwy. 20, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 384 of 443 1. 2025-6-041 Waterloo Final Page 385 of 443 January 2023 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County Black Hawk City Waterloo Project No. NHSX-063-6(102)--3H-07 Iowa DOT Agreement No. 2025-6-041 Staff Action No. N/A This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated "DOT", and the city of Waterloo, Iowa, a Local Public Agency, hereinafter designated "LPA", in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to establish or make improvements to U.S. 63 within Black Hawk County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The DOT shall design, let, and inspect construction of the following described project in accordance with the project plans and DOT Standard Specifications: Hot mix asphalt (HMA) resurfacing with cold -in -place recycling on U.S. 63 from 0.1 miles southwest of its junction with U.S. 20 to 0.4 miles southwest of University Avenue in Waterloo. Additional improvements include paved shoulders, Americans with Disabilities Act (ADA) curb ramp updates, and ADA updates to pedestrian signals and pushbuttons installed at pedestrian refuge areas located along U.S. 63 at various pedestrian crossings. See Exhibit A for project location. 2. Project Costs a. The DOT shall bear all costs except those allocated to the LPA under other terms of this Agreement. 3. Traffic Control a. U.S. 63 through -traffic shall be maintained during the construction. 4. Right of Way and Permits a. Subject to the provisions hereof, the LPA, in accordance with 761 Iowa Administrative Code Chapter 150.3(1)c and 150.4(2), shall remove or cause to be removed (within the corporate limits) all encroachments or obstructions in the existing primary highway right of way. The LPA shall also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. b. The DOT shall be responsible for the coordination of utility facility adjustments for the primary road project. 2025-6-041_Waterloo 1 Page 386 of 443 January 2023 c. The LPA agrees to relocate all city -owned utilities necessary for construction which are located within the existing street or alley right of way, subject to the approval of and without expense to the DOT and in accordance with 761 Iowa Administrative Code Chapter 150.4(5) and the DOT Utility Accommodation Policy. d. With the exception of service connections, no new or future utility occupancy of project right of way nor any future relocations of or alterations to existing utilities within said right of way shall be permitted or undertaken by the LPA without the prior written approval of the DOT. All work shall be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. e. The LPA shall be responsible for providing, without cost to the DOT, any right of way for the project which involves dedicated streets or alleys, and any other LPA-owned lands which are required for the project, subject to the condition that the DOT shall reimburse the LPA for the value of LPA-owned improvements situated on such other LPA-owned lands. The LPA has apprised itself of the value of these lands, and as a condition of their participation in the project, the LPA voluntarily agrees to make such lands available without further compensation. The DOT shall be responsible for acquisition of all other right of way. f. The LPA agrees to allow the DOT and its contractors temporary access to the LPA owned property located along the Sergeant Road trail for the purpose of updating the pedestrian curb ramps so they comply with the Americans with Disabilities Act. 5. Construction & Maintenance a. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval and consent of the DOT. b. Future maintenance of the primary highway within the project area shall be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. c. New pedestrian signal and pushbutton construction for this project shall be provided under guidelines established in 761 Iowa Administrative Code Chapter 150. As part of the project, nine locations of existing pedestrian signals and push buttons will be replaced, two locations will update the pedestrian push button hardware, and two locations of existing pedestrian signals and pushbuttons will be relocated. These improvements will occur at the intersections of U.S. 63 and West Ridgeway Avenue, Ansborough Avenue, West 3rd Street, and Fletcher Avenue. The DOT shall construct pedestrian signal and push button installations all at no cost to the LPA. If constructed, the LPA shall accept ownership of and responsibility for future energy and maintenance costs of those pedestrian signal and pushbutton units which lie within the corporate boundaries. 6. General Provisions a. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall provide notice of the modification, amendment or revision to the DOT within 14 calendar days of the LPA's receipt of a subsequent FIS or modification. If the LPA does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall provide notice of the FIS to the DOT within 14 calendar days. The LPA agrees to defend, indemnify and hold the DOT harmless from any and all claims, costs, and damages arising from or related to the LPA's failure to timely provide an FIS or and FIS modification to the DOT in accordance with this provision. b. The LPA shall comply with all provisions of the equal employment opportunity requirements 2025-6-041_Waterloo 2 Page 387 of 443 January 2023 prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Title VI of the Civil Rights Act of 1964 and Iowa Code Chapter 216. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. c. It is the intent of both (all) parties that no third -party beneficiaries be created by this Agreement. d. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Agreement cannot be fulfilled. e. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements shall remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2025-6-041 as of the date shown opposite its signature below. CITY OF WATERLOO: By: Date , 20. Title: Mayor , certify that I am the Clerk of the City, and that who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the day of Signed: City Clerk of Waterloo, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 20_ Nickolas J Humpal, P.E. District Engineer District 2 , 20_ 2025-6-041_Waterloo 3 Page 388 of 443 EXHIBIT A Project Location NHSX-063-6(102)--3H-07 M.P. 162.10 Sta. 1024+00 END PROJECT M,P. 158.56 Sta. 838+97 BEGIN PROJECT 2025-6-041 Waterloo Page 389 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer city engineer Engineering Department AGENDA ITEM TITLE MEETING DATE December 2, 2024 Resolution approving a Traffic Control Device Agreement with the Iowa Department of Transportation for the installation and maintenance of pedestrian push -buttons on US Highway 63, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Installation of pedestrian push -buttons on US Highway 63 at the signalized intersections of: Ridgeway Ave., Ansborough Ave., W 3rd St., and Fletcher Ave. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 390 of 443 ATTACHMENTS 1. Waterloo TCD 2. NHSX-063-6(102)--3H-07 DM5 Submittal Page 391 of 443 Form 819071 (95-29) IOWA DOT TRAFFIC CONTROL DEVICE APPLICATION This application and sketch must be filed with the appropriate Iowa Department of Transportation District Office. Applicant: City of Waterloo, IA County: Black Hawk Name of Governmental Authority Approval is requested for authority to install and maintain a traffic control device at the following location: Installation of pedestrian push -buttons on US Highway 63 at the signalized intersections of: Ridgeway Ave., Ansborough Ave., W 3rd St., and Fletcher Ave. THE APPLICANT UNDERSTANDS THAT THE TRAFFIC CONTROL DEVICE(S) MUST COMPLY WITH THE REQUIREMENTS OF THE CURRENT MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD), IOWA DEPARTMENT OF TRANSPORTATION. THE APPLICANT ASSUMES RESPONSIBILITY FOR THE OPERATION OF THE TRAFFIC CONTROL DEVICE(S). THE APPLICANT ALSO ASSUMES ALL COSTS FOR ELECTRICITY, MAINTENANCE, AND REPLACEMENT FOR THE ABOVE TRAFFIC CONTROL DEVICE(S). Attach a drawing of the proposed installation. Drawing to be complete, showing location of traffic control device in relation to sidewalks, driveways, streets, etc. OPERATION The traffic control shall function as follows: The traffic signals will function in more or less the same way as the existing signal systems work today. The final signal sheets are attached to this application, for additional information. By: Name/Signature Title (Mayor, Clerk, or Engineer) Date PLEASE NOTE: FOR TRAFFIC SIGNAL INSTALLATIONS: Please notify the Iowa Department of Transportation, District Office one (1) week before the signal is turned on. FOR ALL OTHER TRAFFIC CONTROL DEVICES: Please notify the Iowa Department of Transportation, District Office when they are installed and in operation. Page 392 of 443 AUTHORIZATION Approval is granted, subject to the conditions and restrictions set forth herein, for the installation of a traffic control device at the location described above. CONDITION AND/OR RESTRICTIONS: THE IOWA DEPARTMENT OF TRANSPORTATION RESERVES THE RIGHT TO: (1) Require the removal (or modification) of such traffic control device(s) upon thirty day written notice. Either lack of supervision, inadequate enforcement, unapproved operation, or intolerable congestion shall be considered sufficient reason to require removal (or modification). (2) Revoke and annul the issued permit if the installation is not in operation within eighteen (16) months after date of approval. Name: State Traffic Engineer, Iowa Department of Transportation Date Page 393 of 443 ESTIMATE OF TRAFFIC SIGNAL QUANTITIES ITEM DESCRIPTION UNITS W RIDGEWAY AVE ANSBOROUGH AVE W 3RD ST FLETCHER AVE TOTAL DETECTION APS PEDESTRIAN PUSHBUTTON W/ SIGN EACH 5 6 4 15 TRAFFIC SIGNAL HEADS 16" PEDESTRIAN HEAD, HAND/PERSON, COUNTDOWN SIDE -OF -POLE MOUNTED EACH 2 8 4 14 HANDHOLES TYPE I - PRE -CAST CONCRETE HANDHOLE, 24" DIAMETER EACH 2 2 4 WIRE AND CABLE SIGNAL CABLE - 7c #14 AWG LIN FT 100 100 SIGNAL CABLE - 5c #14 AWG LIN FT 200 170 350 60 780 SIGNAL CABLE - 2c #14 AWG LIN FT 500 180 410 50 1,160 EMERGENCY VEHICLE PREEMPTION CABLE LIN FT 100 100 PREEMPTION INDICATOR LIGHT CABLE LIN FT 100 100 REROUTE EXISTING CABLES LIN FT 30 30 GROUND WIRE - lc #6 BARE LIN FT 310 70 220 40 640 TRACER WIRE - lc #10 LIN FT 310 70 220 40 640 PULL TAPE LIN FT 310 130 260 40 740 CONDUIT 2" PVC, TRENCHED/BORED LIN FT 80 70 90 30 270 3" PVC, TRENCHED/BORED LIN FT 220 120 340 CONCRETE FOOTING POLE FOOTING, 2' DIA x 4' DEPTH EACH 4 3 3 2 12 TRAFFIC SIGNAL POLES ALUMINUM PEDESTAL POLE - HEIGHT 5' EACH 3 3 1 7 ALUMINUM PEDESTAL POLE - HEIGHT 10' EACH 1 2 3 MISC. RELOCATE PEDESTAL POLE WITH SIGNAL EQUIPMENT EACH 2 2 REMOVE PEDESTAL POLE AND FOOTING EACH 1 2 3 STANDARD ROAD PLANS NUMBER DATE IDENTIFICATION LI-103 04-19-22 Conduit and Precast Handholes TS-102 04-19-22 Traffic Signal Pole Foundation GENERAL NOTES: 1. ALL QUANTITIES SHOWN IN THE TRAFFIC SIGNAL PLANS ARE FOR INFORMATIONAL AND ESTIMATING PURPOSES ONLY. THE CONTRACTOR'S LUMP SUM BID SHALL INCLUDE ALL LABOR, EQUIPMENT, AND MATERIAL NECESSARY TO PROVIDE A COMPLETE AND FUNCTIONAL TRAFFIC SIGNAL INSTALLATION IN CONFORMANCE WITH THE PLANS AND SPECIFICATIONS. 2. PROVIDE TRAFFIC CONTROL DEVICES (INCLUDING THOSE REQUIRED TO FACILITATE CONSTRUCTION OF TRAFFIC SIGNALS) IN ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR THE STREETS AND HIGHWAYS, AS ADOPTED BY THE IOWA DEPARTMENT OF TRANSPORTATION PER 761 OF THE IOWA ADMINISTRATIVE CODE (IAC), CHAPTER 130. 3. TRAFFIC SIGNAL SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE 2024 IOWA DOT STANDARD SPECIFICATIONS EXCEPT AS MODIFIED BY THE PLANS FOR TRAFFIC SIGNALS. 4. THE CONTRACTOR SHALL HAVE AN EMPLOYEE ON THE PROJECT WITH A LEVEL II INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION (IMSA) TRAFFIC SIGNAL TECHNICIAN CERTIFICATION. 5. THE CONTRACTOR SHALL FURNISH A SCHEDULE OF UNIT PRICES FOR ESTIMATED TRAFFIC SIGNAL QUANTITIES. PAYMENT WILL BE BASED ON PLAN QUANTITIES. QUANTITIES WILL NOT BE FIELD MEASURED. 6. ROADWAY GEOMETRICS REPRESENT EXISTING AND PROPOSED FEATURES. 7. THE PLAN LOCATIONS OF UNDERGROUND UTILITIES ARE APPROXIMATE ONLY. THE CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES PRIOR TO STARTING ANY EXCAVATION ON THE PROJECT TO ESTABLISH LOCATIONS. 8. THE PLAN LOCATIONS OF ALL HANDHOLES ARE APPROXIMATE ONLY AND ARE SUBJECT TO ADJUSTMENT IN THE FIELD BY THE ENGINEER. OBTAIN ENGINEER'S APPROVAL PRIOR TO PLACING HANDHOLES AND CONSTRUCTING FOOTINGS. 9. PROVIDE STRUCTURAL CONCRETE TESTING (2 CYLINDERS, 7-DAY AND 28-DAY, FOR EACH BATCH) IN ACCORDANCE WITH ASTM C39 AS POURED FOR POLE FOOTINGS. 10. INSTALL ONE SIGNAL CABLE FROM EACH SIGNAL HEAD TO THE BASE OF THE POLE. A 5-CONDUCTOR CABLE SHALL BE USED FOR EACH 3-SECTION VEHICULAR AND PEDESTRIAN SIGNAL HEAD. ALL SIGNAL CABLE SHALL BE #14 AWG UNLESS OTHERWISE NOTED ON THE PLANS. 11. INSTALL A #6 AWG BARE COPPER GROUND WIRE WITHIN ALL NEW CONDUIT AND CONNECT TO EXISTING GROUND WIRES TO FORM A CONTINUOUSLY GROUNDED SYSTEM AT EACH SIGNAL. 12. ALL SIGNAL INDICATIONS SHALL BE LED IN ACCORDANCE WITH MOST RECENT ITE SPECIFICATIONS. SIGNAL HEADS SHALL HAVE BLACK FACES, VISORS, BODIES, AND BACKPLATES (WHERE INDICATED). 13. TRAFFIC SIGNAL MOUNTING BRACKETS SHALL UTILIZE STAINLESS STEEL BANDING FOR SIDE OF POLE MOUNTING AND GALVANIZED STEEL CABLE FOR MAST ARM MOUNTING. 14. EVP CABLES SHALL BE PER MANUFACTURER'S SPECIFICATIONS. NO SPLICES ARE ALLOWED IN EVP CABLES. 15. PEDESTRIAN PUSHBUTTONS SHALL MEET THE REQUIREMENTS OF ACCESSIBLE PEDESTRIAN SIGNALS AS PUBLISHED IN PROWAG FINAL RULE. CABINET EQUIPMENT AND MODIFICATIONS REQUIRED TO PROVIDE APS PUSHBUTTONS ARE INCIDENTAL THE "APS PEDESTRIAN PUSHBUTTON W/ SIGN" ITEM. PROVIDE R10-3E SIGN ABOVE EACH PEDESTRIAN PUSHBUTTON. SPEECH MESSAGE PROVIDED AT CATALOG CUT REVIEW. 16. REMOVE EXISTING TRAFFIC SIGNAL EQUIPMENT AS SHOWN ON N.2 THROUGH N.6. SALVAGE AND DELIVER SIGNAL HEADS AND PUSHBUTTONS TO WATERLOO ENGINEERING DEPARTMENT. CONTRACTOR TO DISPOSE OF ALL EXISTING CABLE REMOVED FROM CONDUIT AND FOOTINGS. COMPLETELY REMOVE EXISTING PEDESTAL POLE FOOTINGS. ABANDON CONDUITS IN PLACE. 17. MAINTAIN SIGNAL OPERATIONS AT ALL TIMES. FURNISH AND INSTALL ALL EQUIPMENT NECESSARY TO KEEP SIGNAL OPERATIONAL. IF THE SIGNALS NEED TO GO DARK OR PLACED IN RED ALL - WAY FLASH, THAT SHOULD ONLY OCCUR FROM 9AM TO 2PM. VERIFY WITH ENGINEER DATE AND TIMES OF SIGNAL BEING DARK OR IN ALL -WAY RED FLASH. TRAFFIC SIGNAL LEGEND EXISTING PROPOSED EXISTING PROPOSED — —* TRAFFIC SIGNAL I I HI CONTROLLER CABINET WITH FOOTING EX� � = 0 SECONDARY SERVICE POINT IC) VEHICLE DETECTOR LOOP �� = VIDEO DETECTION CAMERA -< EVP DETECTOR O POLE NUMBER O I) —HP. TRAFFIC SIGNAL WITH BACKPLATE —+ PEDESTRIAN SIGNAL ( ) MAST ARM SUSPENDED TRAFFIC SIGNAL —-�— Z t (XX = LENGTH OF MAST ARM) 0 PEDESTAL POLE ® TRAFFIC SIGNAL HEAD NUMBER CONDUIT TRENCHED, PUSHED, JACKED, OR BORED ❑ HANDHOLE © HANDHOLE NUMBER O •. � -F STREET LIGHT ON SIGNAL POLE � POLE MOUNTED SIGN 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. Andrew J. Houchin, P.E. Date License Number P25711 My License Renewal Date is December 31, 2024 Pages or sheets covered by this seal: FILE NO. ENGLISH DESIGN TEAM SNYDER & ASSOCIATES, INC. BLACK HAWKcouNTY PROJECT NUMBER NHSX-063-6(102)--3H07 SHEET NUMBER N.1 12:50:31 PM 10/30/2024 jfrederiksen pw:\\projectwise.dot.int.lan:PWMain\Documents\Projects\0706301023\DistrictDesign\SignalMods\CD_0706301023_NOl_Notes.dgn Page 394 of 443 NOTES: 1. REPLACE EXISTING LOOPS ON US 63 BY REMOVING LOOP CABLE IN PAVEMENT AS WELL AS CABLE TO THE NEAREST HANDHOLE. PROVIDE NEW 1" CONDUITS FOR NEW LOOPS FROM EDGE OF PAVEMENT TO EXISTING HANDHOLE. SPLICE TO EXISTING DETECTOR CABLES IN EXISTING HANDHOLE. ADVANCE DETECTOR LOCATIONS ARE APPROXIMATELY 350-375' UPSTREAM FROM THE END OF THE MEDIAN. ANTICIPATED QUANTITY OF 8 LOOP REPLACEMENTS. 2. THIS INTERSECTION WILL UTILIZE EXISTING PUSHBUTTONS IN THEIR CURRENT LOCATIONS. FILE NO. ENGLISH DESIGN TEAM SNYDER & ASSOCIATES, INC. NOTE 1 / \ NOTE 1 --„, ,<<„, • NOTE 1 16 BLACK HAWKcouNTY • ♦ f . • N N • PROJECT NUMBER NHSX-063-6(102)--3H07 cDOPp 6,O //iA SHEET NUMBER N.2 0 20 12:47:47 PM 10/30/2024 jfrederiksen pw:\\p rojectwise.dot. i nt.la n: PW Ma i n\Documents\Projects\0706301023\Distri ctDesign\Sig na I Mods\CD_0706301023_NO2_G reyhound. dg n Page 395 of 443 p NOTES: 1. REPLACE EXISTING LOOPS ON US 63 BY REMOVING LOOP CABLE IN PAVEMENT AS WELL AS CABLE TO THE NEAREST HANDHOLE. PROVIDE NEW 1" CONDUITS FOR NEW LOOPS FROM EDGE OF PAVEMENT TO EXISTING HANDHOLE. SPLICE TO EXISTING DETECTOR CABLES IN EXISTING HANDHOLE. ADVANCE DETECTOR LOCATIONS ARE APPROXIMATELY 400-425' UPSTREAM FROM THE NORTHEASTBOUND STOP LINE AND APPROXIMATELY 250' UPSTREAM FROM THE SOUTHWESTBOUND STOP LINE. ANTICIPATED QUANTITY OF 4 LOOP REPLACEMENTS. 2. REMOVE EXISTING PEDESTAL POLE AND FOOTING. SALVAGE EXISTING PUSHBUTTON TO CITY OF WATERLOO. REMOVE EXISTING CABLES TO EXISTING TRUSS POLE BASE AND ABANDON CONDUIT IN PLACE. 3. SEVER EXISTING CONDUIT NEAR POLE BASE. CONNECT PROPOSED CONDUIT TO EXISTING CONDUIT STUB WITH CONDUIT SPLICE. ROUTE NEW CABLES INTO POLE BASE AND SPLICE TO EXISTING CABLES IN POLE BASE. 4. REMOVE EXISTING PUSHBUTTONS AND SALVAGE TO CITY OF WATERLOO. FILL ANY VOIDS REMAINING IN THE POLE AFTER INSTALLING NEW PUSHBUTTON. 5. INSTALL PROPOSED APS PUSHBUTTON ON EXISTING POLE. APS PUSHBUTTON SHALL BE ORIENTED TO BE PARALLEL TO THE WEST LEG CROSSWALK MOUNTED ON THE EAST SIDE OF THE POLE. SPLICE NEW PUSHBUTTON CABLE TO EXISTING CABLE IN POLE BASE. 6. CONNECT PROPOSED CONDUIT TO EXISTING CABINET THROUGH EXTERIOR WITH LB CONNECTOR. W RIDGEWAY AVENUE ‘�'��err, AP PUSHBUTTON LAYOUT 1 4A 1© ®O4B Q 26 2C 0 0 0 } � mosirr nM� nOrt OYES RR ama N 3" COND 1-5c 3-PB GND/TR/PT ♦ mosua nM� nert OYES 10 MOM RIM mum 0. • nrsICIKIIIIIwt.v 11111110155 eel emu R10-3EL R10-3ER R10-3E (1 EACH) (3 EACH) (1 EACH) TRAFFIC SIGNAL FACES • Ai L� L�rJ ®® 4111, 2" CONNN 1-PB GND/TR/PT 3" COND 1-5c 2-PB GND/TR/PT 3" COND 1-PB GND/TR/PT r 0 " COND 1-PB / 1 2" COND GND/IB/PT— — — — — // / _ ❑1 1-PB —_ I _ GND/TBLPZ------------ , { -- — — — / / NOTE 1 4 NOTE 1— / / / / / / / NOTE 4 i S.R 41 IP*-- POLE NO. 1 2 3 4 • r 1 1 r• 1 0 20 FEET i{- - s. S• •0.Y ; k. c POLE AND HANDHOLE LOCATIONS NORTHING EASTING 8834109.12 15460848.21 8834235.03 15460917.84 8834127.22 15461043.10 8834125.13 15460946.93 u HANDHOLE NO. NORTHING EASTING 1 8834103.83 15480841.32 2 8834120.96 15460943.07 ELEVATION T/F = MATCH SIDEWALK T/F = MATCH SIDEWALK T/F = MATCH SIDEWALK T/F = MATCH CURB ELEVATION MATCH GRADE MATCH GRADE COMMENTS 5' PEDESTAL POLE 5' PEDESTAL POLE 5' PEDESTAL POLE 10' PEDESTAL POLE COMMENTS Type I Type I FILE NO. ENGLISH DESIGN TEAM SNYDER & ASSOCIATES, INC. BLACK HAWKcouNTr PROJECT NUMBER NHSX-063-6(102)--3H07 SHEET NUMBER N.3 12:41:36 PM 10/30/2024 jfrederiksen pwA\p rojectwise.dot. i ntra n: PW Ma i n\Documents\Projects\o706301o23\DistrictDesign\Sig na I Mods\CD_0706301023_NO3Ridgeway. dg n Page 396 of 443 NOTES: 1. REPLACE EXISTING LOOPS ON US 63 BY REMOVING LOOP CABLE IN PAVEMENT AS WELL AS CABLE TO THE NEAREST HANDHOLE. PROVIDE NEW 1" CONDUITS FOR NEW LOOPS FROM EDGE OF PAVEMENT TO EXISTING HANDHOLE. SPLICE TO EXISTING DETECTOR CABLES IN EXISTING HANDHOLE. THE NORTHEASTBOUND ADVANCE DETECTOR LOCATIONS ARE APPROXIMATELY 425' UPSTREAM FROM THE END OF THE MEDIAN. THE SOUTHWESTBOUND ADVANCE DETECTOR LOCATIONS ARE APPROXIMATELY 440' UPSTREAM FROM THE END OF THE MEDIAN. ANTICIPATED QUANTITY OF 14 LOOP REPLACEMENTS. 2. REMOVE EXISTING PEDESTRIAN SIGNAL HEADS AND/OR PUSHBUTTONS AND SALVAGE TO CITY OF WATERLOO. FILL ANY VOIDS REMAINING IN THE POLE AFTER INSTALLING NEW PEDESTRIAN SIGNAL HEADS AND/OR APS PUSHBUTTONS. 3. INSTALL PROPOSED APS PUSHBUTTON ON EXISTING POLE. APS PUSHBUTTON SHALL BE ORIENTED TO BE PARALLEL TO THE CROSSWALK MOUNTED ON THE SIDE OF THE POLE SHOWN IN THE PUSHBUTTON LAYOUT. SPLICE NEW PUSHBUTTON CABLE TO EXISTING CABLE IN POLE BASE. 4. ROUTE NEW PUSHBUTTON CABLE INTO POLE BASE VIA EXISTING CONDUIT AND SPLICE TO EXISTING CABLES IN POLE BASE. TRAFFIC SIGNAL FACES Ai PUSHBUTTON LAYOUT 8C O100 86 O BA O Or.26 010 FILE NO. ENGLISH ® , w In Mr OM 1 InMr OYES KISH UM ®„ 1 W InMR WES .111,10,65 R10-3EL R10-3ER R10-3E (2 EACH) (2 EACH) (2 EACH) NOTE DESIGN TEAM SNYDER & ASSOCIATES, INC. NOTES 2, 3 NOTE 1 NOTE 4 - 2" COND 1-PB GND/TR/PT - NOTES 2, 4 - EX COND EX CABLES 1-PB PT•,1 NOTES 2, 3 - /' reloPPOIMPONO EX COND —/ EX CABLES 1-PB PT / 2" COW / 1-PB GND/TR/PT r —yam+ 1 MOTES 2, 4 EX COND EX CABLES PT1-4 PT - NOTE 4 ti NOTE 1 I 1 I 1 1 I 1 I // de / // i // 1, 1 4, POLE NO. BLACK HAWK COUNTY PROJECT NUMBER NHSX-063-6(102)--3H07 1 2 3 lir ,004010,pr NOTE 1 NORTHING 8839272.16 8839326.16 8839394.23 POLE AND HANDHOLE LOCATIONS EASTING 15465693.39 15465749.35 15465818.21 ELEVATION T/F = MATCH SIDEWALK T/F = MATCH CURB T/F = MATCH SIDEWALK SHEET NUMBER N.4 COMMENTS 5' PEDESTAL POLE 5' PEDESTAL POLE 5' PEDESTAL POLE 12:38:16 PM 10/30/2024 jfrederiksen pw:\\projectwise.dot.int.lan:PWMain\Documents\Projects\0706301023\DistrictDesign\SignalMods\CD_0706301023_N04_Ansborough.dgn Page 397 of 443 NOTES: 1. REPLACE EXISTING LOOPS ON US 63 BY REMOVING LOOP CABLE IN PAVEMENT AS WELL AS CABLE TO THE NEAREST HANDHOLE. PROVIDE NEW 1" CONDUITS FOR NEW LOOPS FROM EDGE OF PAVEMENT TO EXISTING HANDHOLE. SPLICE TO EXISTING DETECTOR CABLES IN EXISTING HANDHOLE. THE ADVANCE DETECTOR LOCATIONS ARE APPROXIMATELY 250' AND 415' UPSTREAM FROM THE ENDS OF THE MEDIAN. ANTICIPATED QUANTITY OF 16 LOOP REPLACEMENTS. 2. REMOVE EXISTING PEDESTRIAN SIGNAL HEADS AND/OR PUSHBUTTONS AND SALVAGE TO CITY OF WATERLOO. FILL ANY VOIDS REMAINING IN THE POLE AFTER INSTALLING NEW PEDESTRIAN SIGNAL HEADS AND/OR APS PUSHBUTTONS. 3. INSTALL PROPOSED PEDESTRIAN SIGNAL HEAD AND/OR APS PUSHBUTTON ON EXISTING POLE. APS PUSHBUTTON SHALL BE ORIENTED TO BE PARALLEL TO THE CROSSWALK MOUNTED ON THE SIDE OF THE POLE SHOWN IN THE PUSHBUTTON LAYOUT. SPLICE NEW CABLES TO EXISTING CABLES IN POLE BASE. 4. ROUTE NEW PUSHBUTTON CABLE INTO POLE BASE VIA EXISTING CONDUIT AND SPLICE TO EXISTING CABLES IN POLE BASE. 5. CONNECT PROPOSED CONDUIT TO EXISTING CABINET THROUGH EXTERIOR WITH LB CONNECTOR. TRAFFIC SIGNAL FACES PUSHBUTTON LAYOUT 0 00 FILE NO. ENGLISH NOTES 2, 3, 4 EX COND EX CABLES 1-PB PT NOTE 4--""1 2" COND 1-PB GND/TR/PT NOTE 1 R10-3EL R10-3ER (2 EACH) (2 EACH) DESIGN TEAM SNYDER & ASSOCIATES, INC. - 2" COND 1-5c 1-PB GND/TR/PT 2" COND 1-5c 1-PB GND/TR/PT BLACK HAWKcouNTr NOTE 1 3" COND 3" COND 2-5c 2-5c 2-PB 2-PB GND/7R/PT GND/TR/PT NOTE 5 W 3RD STREET 0 20 FEET POLE AND HANDHOLE LOCATIONS POLE NO. 2 3 HANDHOLE NO. 2 NORTHING EASTING 8840528.76 8840534.33 8840530.75 8840535.69 8840542.09 15467268.68 15467380.10 PROJECT NUMBER NHSX-063-6(102)--3H07 ELEVATION T/F = MATCH SIDEWALK T/F = MATCH CURB T/F = MATCH CURB ELEVATION MATCH GRADE MATCH GRADE COMMENTS 5' PEDESTAL POLE 10' PEDESTAL POLE 10' PEDESTAL POLE COMMENTS Type I Type I SHEET NUMBER N.5 12:35:04 PM 10/30/2024 jfrederiksen pw:\\p rojectwise.dot. i nt.la n: PW Ma i n\Documents\Projects\0706301023\Distri ctDesign\Sig na I Mods\CD_0706301023_N05_3rd.dg n Page 398 of 443 NOTES: 1. REPLACE EXISTING LOOPS ON US 63 BY REMOVING LOOP CABLE IN PAVEMENT AS WELL AS CABLE TO THE NEAREST HANDHOLE. PROVIDE NEW 1" CONDUITS FOR NEW LOOPS FROM EDGE OF PAVEMENT TO EXISTING HANDHOLE. SPLICE TO EXISTING DETECTOR CABLES IN EXISTING HANDHOLE. THE ADVANCE DETECTOR LOCATIONS ARE APPROXIMATELY 300' UPSTREAM FROM THE ENDS OF THE MEDIAN. EACH EXISTING 6' x 30' LOOP DETECTOR IN A US 63 LEFT TURN LANE SHALL BE REPLACED BY FOUR 6' x 8' LOOP DETECTORS SPACED AT 16' CENTER -TO -CENTER. ANTICIPATED QUANTITY OF 12 LOOP REPLACEMENTS. 2. RELOCATE EXISTING PEDESTAL POLE TO NEW FOOTING AND COMPLETELY REMOVE EXISTING FOOTING. 3. INTERCEPT EXISTING CONDUIT WITH CONDUIT SPLICE. EITHER REROUTE EXISTING CABLES TO NEW LOCATION OR PROVIDE NEW CABLES AS SHOWN. PUSHBUTTON LAYOUT FILE NO. 12:30:48 PM ENGLISH NOTE 1 DESIGN TEAM SNYDER & ASSOCIATES, INC. 2" COND 2-7c 1-5c 1-PB 2-EVP 2-PI GND/TR/PT®�� . EX COND • � 2-7c 7 V 1-5c 1-PB 2-EVP 2-PI GND/TR/PT NOTE 2 NOTE 2 NOTE 3 NOTE 2 NOTE 2 - 2" COND EX CABLES (REROUTED) - NOTE 3 EX COND EX CABLES 10/30/2024 jfrederiksen pw:\\projectwise.dot.int.lan:PWMain\Documents\Projects\0706301023\DistrictDesign\SignalMods\CD_0706301023_N06_Fletcher.dgn :PM BLACK HAWK couNTr POLE NO EX EX2 PROJECT NUMBER NHSX-063-6(102)--3H07 NOTE 1 NORTHING 8841577.42 8841601.07 POLE AND HANDHOLE LOCATIONS EASTING 15468377.03 15468435.66 ELEVATION T/F = MATCH SIDEWALK T/F = MATCH SIDEWALK SHEET NUMBER N.6 0 20 FEET ASS COMMENTS RELOCATED RELOCATED Page 399 of 443 Fixed or Universally Adjustable Mounting Brackets Pedestrian Traffic Signal Head Assembly Pedestrian Push Button Sign Pedestrian Push Button Base Collar E Ti I PEDESTAL POLE O1 For signal head visibility and possible pedestrian head installation. NO SCALE 4' 4' 2' 2' 2' NOTE: DRILL SEPARATE HOLE FOR EACH LOOP f PAVEMENT EDGE MODIFIED DIAMOND DETECTOR LOOP NO SCALE PAVEMENT PARKING LOOP SAW CUT AREA • :' ,\ \\-HANDHOLE- P.V.C. CONDUIT NOTE: CONTINUOUS LOOP LEADS TO HANDHOLE DETECTOR CONDUIT ENTRY (CURB) NO SCALE SECTION A -A PAVEMENT LOOP SAW CUT NOTE: CONTINUOUS LOOP LEADS TO HANDHOLE SHOULDER AREA P.V.C. CONDUIT -HANDHOLE- DETECTOR CONDUIT ENTRY (NO CURB) NO SCALE FILE NO. ENGLISH DESIGN TEAM SNYDER & ASSOCIATES, INC. BLACK HAWKcouNTY PROJECT NUMBER NHSX-063-6(102)--3H07 SHEET NUMBER N.7 12:01:42 PM 10/30/2024 jfrederiksen pw:\\p rojectwise.dot. i nt.la n: PW Ma i n\Documents\Projects\0706301023\Distri ctDesign\Sig na I Mods\CD_0706301023_N07_Deta i Is. dg n Page 400 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Leisure Services Interim Director Leisure Services Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Resolution approving the City of Waterloo Municipal Golf Rate Fee Schedule for the 2025 Season. RECOMMENDED COUNCIL ACTION Approve rates in the attached spreadsheet as recommended by the Leisure Services Commission during their regularly scheduled meeting held on 11/12/24. SUMMARY STATEMENT AND BACKGROUND INFORMATION Season ticket and daily fee rates were last adjusted for the 2023 season. Large inflationary increases in many input costs needed to operate the courses is the reason for the recommended increases. A comparison sheet is attached showing current rates in nearby or comparable communities for reference. Even with these increases we still provide a great value to the golfing public. Junior rates were intentionally left alone to continue to try to grow the game at the Junior Golfer level. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 401 of 443 ATTACHMENTS 1. 2025 Golf Fees Proposal 2. 2025 Golf Rate Comparisson Spreadsheet Page 402 of 443 GOLF FEE PROPOSAL 2025 2024 Proposed CASH DISCOUNT 2025 Adult Daily Fee 25. 00 26. 00 9 Hole 18. 00 19. 00 2nd 9 Holes 7. 00 7. 00 Junior Daily Fee 10. 00 10. 00 Senior Daily Fee 24. 00 25. 00 Young Adult Daily Fee 22. 00 23. 00 MTW Tee Off Before 1:00 PM Special 28. 00 30. 00 6:OOpm to Sunset 30. 00 32. 00 October Weekday 18. 00 19. 00 Winter Rate 12. 00 13. 00 18 Hole Punch 230. 00 240. 00 9 Hole Punch 170. 00 180. 00 Adult Season 900. 00 950. 00 Junior Season 100. 00 100. 00 Senior Season 850. 00 900. 00 Senior Weekday Season 780. 00 830. 00 Young Adult Season 600. 00 650. 00 Family Season 1400. 00 1500. 00 Junior Morning Pass 10. 00 10. 00 Mini Season Ticket 75. 00 75. 00 Hawkeye CC Ticket 150. 00 150. 00 Page 403 of 443 GOLF FEE PROPOSAL 2025 Proposed Credit/Debit 2025 27. 04 19. 76 7. 28 10. 40 26. 00 23. 92 31. 20 33. 28 19. 76 13. 52 249. 58 187. 18 987. 91 103. 99 935. 91 863. 12 675. 94 155. 99 10. 40 N/A N/A Page 404 of 443 Area Golf Rates Cedar Rapids Twin Pines Ellis/Gardner 2024 2024 Waverly Public 2024 C.F. 2024 Dike Fox Ridge 2024 Waterloo 2024 Proposed CASH DISCOUNT 2025 Proposed Credit/Debit 2025 Adult Daily Fee 22.00/26.00 26.00/32.00 23.00 26.00 30.00/35.00 25.00 26.00 27.04 9 Hole 19.00/20.00 21.00/23.00 16.00 20.00 20.00/22.00 18.00 19.00 19.76 2nd 9 Holes 7.00 7.00 7.28 Junior Daily Fee 11.00/14.00 16.00/18.00 8.00 15.00 17.00/20.00 10.00 10.00 10.40 Senior Daily Fee 19.00/sr rate not offered on wkend 23.00/sr rate not offered on wkend 16.00 22.00 20.00/22.00 24.00 25.00 26.00 Young Adult Daily Fee 22.00 20.00/22.00 22.00 23.00 23.92 MTW Tee Off Before 1:00 PM Special 29.00 42.00 28.00 30.00 31.20 6:00pm to Sunset 34.00 36.00 30.00 32.00 33.28 October Weekday 18.00 19.00 19.76 Winter Rate 12.00 13.00 13.52 18 Hole Punch 320.00/ 12 rounds 320.00/ 12 rounds 240.00 230.00 240.00 249.58 9 Hole Punch 210.00/12 round wk day only 210.00/12 round wk day only 180.00 170.00 180.00 187.18 Adult Season 1200.00 1200.00 670.00 1100.00 900.00 950.00 987.91 Junior Season 240.00 only after noon on wk ends 240.00 only after noon on wk ends 65.00 275.00 100.00 100.00 103.99 Senior Season 995.00 995.00 560.00 875.00 850.00 900.00 935.91 Senior Weekday Season 785.00 785.00 775.00 780.00 830.00 863.12 Young Adult Season 665.00 only after noon on wk ends 665.00 only after noon on wk ends 360.00 600.00 600.00 650.00 675.94 Family Season 1850 only aftter noon on wk ends 1850 only aftter noon on wk ends 1115.00 1650.00 1400.00 1500.00 155.99 Junior Morning Pass 55.00 10.00 10.00 10.40 Mini Season Ticket 75.00 75.00 N/A Hawkeye CC Ticket 150.00 150.00 N/A Notes: Cedar Rapids has different prices for Twin Pines Golf Course. Cedar Rapids has different prices for weekday and weekend rounds. Cedar Rapids does not offer Senior Daily Fees on the weekends. Cedar Rapids does not offer a Family Pass that is valid on weekend mornings. Cedar Rapids Family pass is only valid up to four family members, additional members are $214 each. Waverly season passes expire November 13th. Waverly Family season pass includes pool. Cedar Falls Senior Rates start at age 65, in Waterloo the Senior rate starts at age 62. Cedar Falls season passes expire November 30th. Fox Ridge has different prices for weekday and weekend rounds Fox Ridge does not list their pass prices online- must call to receive pricing information. The proposed Credit/Debit prices for Waterloo are 3.99% more than the cash discounted price. Page 405 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Leisure Services Interim Director Leisure Services Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Resolution approving the Cedar Valley Sportsplex rates for 2025 as recommended by the Leisure Services Commission. RECOMMENDED COUNCIL ACTION Approve rates in the attached spreadsheet as recommended by the Leisure Services Commission during their regularly scheduled meeting on 11/12/24. SUMMARY STATEMENT AND BACKGROUND INFORMATION Sportsplex membership rates were last increased in November of 2021. A comparison sheet is attached showing current rates in other facilities in the area for reference. Even with the proposed increases, the Sportsplex provides a great value to the members. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 406 of 443 ATTACHMENTS 1. 2025 Proprosed Membership Increases 2. Membership Rate Comparison_Cedar Valley Gyms Page 407 of 443 PROPOSED MEMBERSHIP RATE INCREASE: 2025 ANNUAL MEMBERSHIPS MEMBERSHIP TYPE QTY PROPOSED FEE CURRENT FEE INCREASED REVENUE ADULT 63 $565.00 $550.00 $945.00 ADULT PLUS *MEMB+CLUB LOCKER 8 $740.00 $720.00 $160.00 YOUTH 16 $320.00 $308.00 $192.00 COLLEGE 8 $375.00 $363.00 $96.00 SENIOR 92 $320.00 $308.00 $1,104.00 SENIOR PLUS 96 $490.00 $478.00 $1,152.00 FAMILY 193 $850.00 $825.00 $4,825.00 FAMILY PLUS *MEMB + CHILD CARE 99 $925.00 $900.00 $2,475.00 SENIOR COUPLE 96 $545.00 $528.00 $1,632.00 COUPLE 74 $740.00 $715.00 $1,850.00 CLUB LOCKER $300.00 $300.00 $0.00 CHILD CARE $200.00 $180.00 $0.00 Increased Annual Revenue $14,431.00 MONTHLY MEMBERSHIPS MEMBERSHIP TYPE QTY PROPOSED FEE CURRENT FEE INCREASED REVENUE ADULT 334 $54.00 $50.00 $1,336.00 ADULT PLUS *MEMB+CLUB LOCKER 38 $65.00 $63.00 $76.00 YOUTH 122 $35.00 $28.00 $854.00 COLLEGE 85 $38.00 $33.00 $425.00 SENIOR 128 $30.00 $28.00 $256.00 SENIOR PLUS 11 $46.00 $40.00 $66.00 FAMILY 1100 $75.00 $75.00 $0.00 FAMILY PLUS *MEMB + CHILD CARE 335 $90.00 $82.00 $2,680.00 SENIOR COUPLE 106 $50.00 $48.00 $212.00 COUPLE 321 $68.00 $65.00 $963.00 CLUB LOCKER $25.00 $25.00 $0.00 CHILD CARE $25.00 $15.00 $0.00 Increased Monthly Revenue $6,868.00 TOTAL MEMBERSHIP REVENUE INCREASE $21,299.00 DAY PASSES QTY PROPOSED FEE CURRENT FEE INCREASED REVENUE ADULT/YOUTH 8494 $10.00 $8.00 $16,988.00 SENIOR 1210 $5.00 $5.00 $0.00 FAMILY 786 $20.00 $18.00 $1,572.00 INCREASED ADMISSION REVENUE $47,902.00 Page 408 of 443 COMPARISON TO OTHER FACILITIES ANNUAL RATES MONTHLY RATES DAILY RATE INCLUDED YOUTH $210.00 ADULT $355.00 SENIOR $290.00 FAMILY $465.00 YOUTH $35.00 ADULT $55.00 SENIOR $40.00 FAMILY $70.00 YOUTH $5.00 ADULT $10.00 SENIOR $5.00 FAMILY N/A CARDIO/WEIGHTS X TRACK X COURTS X TURF POOL CLASSES X SOME INCLUDED CHILD CARE $3.00 DROP IN CEDAR FALLS REC 'NON-RES PRICES LISTED FIT GYM/COURTS $435.00 $435.00 $435.00 N/A $40.00 $40.00 $40.00 N/A $15.00 $15.00 $15.00 N/A X X X $5.00 DROP IN $30.00 PER MONTH BLACK HAWK YMCA •JOIN FEES $36-90 N/A N/A N/A N/A $22.00 $50.00 $41.00 $66.00 $5.00 $1D.00 $10.00 $15.00 X X X X X X INCLUDED W/ MEMB THE W - WAVERLY N/A N/A N/A N/A $55.00 $55.00 $37.50 $85.00 $10.00 $10.00 $10.00 N/A X X X X X NOT INCLUDED W/ MEMB Page 409 of 443 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Leisure Services Interim Director Leisure Services Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Levi Architecture for services related to the construction of the South Hills Golf Course Maintenance Building and authorizing the Park Superintendent to execute said document. RECOMMENDED COUNCIL ACTION Approve Design Services Proposal from Levi Architecture in the amount of $20,800 to design and facilitate construction of a new 40' by 40' maintenance building at South Hills Golf Course. SUMMARY STATEMENT AND BACKGROUND INFORMATION This new building will replace the deteriorating office and restroom at the old maintenance building that is original to the golf course. The new building will provide a dedicated, proper, and safe storage space for liquid pesticides and insecticides and it will also create one seasonally heated bay for working on equipment. The old building water supply was not buried to frost depth so it had no water service in winter months therefore no restroom and the septic system also did not function properly during wet periods. This new building will have the water service buried at adequate depth so that it can remain live year-round and it will be hooked into the modern sanitary sewer system. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Golf Course Improvement CIP Bond Funds 323-37-4120-2174 ALTERNATIVE ACTION Page 410 of 443 LEGAL DESCRIPTION ATTACHMENTS 1. Levi Architecture Proposal Page 411 of 443 JB Bolger Park Superintendent, Waterloo Leisure Services City of Waterloo 1 101 Campbell Ave. Waterloo, Iowa 50701 November 18, 2024 Re: Design Services Proposal - South Hills Golf Course Storage Facility Mr. Bolger, Thank you for the opportunity to provide you and the City of Waterloo with this design services proposal. We understand the scope of service includes the design lead, bidding process lead, and construction administration for a 40'x40' post -frame building at the east end of the driving range at South Hills Golf Course. The building is to be fully insulated, house an office, toilet, chemical storage room, and a heated vehicle bay. Structural and civil engineering will be provided by the City directly, and coordinated through our services. Levi Architecture has experience with post -framed building, storage/utility buildings, and municipal bid projects. We have the resources to begin work on this project immediately. We understand the project is to be completed by the end of summer 2025. With this schedule, we believe a late February/early March bid time would be appropriate. We propose architectural design services for the lump sum of $20,800 (twenty - thousand, eight hundred and no/00 dollars). Levi Architecture will administer the bid documents distribution, bid opening, present the City with a letter of recommendation for the Council's approval, and represent the City throughout the construction process. Not included in our proposed fees for this project are structural engineering, civil engineering, interior design, construction staking, hazardous materials surveying, geotechnical services, and re -platting of the legal property if required. This fee is also exclusive of document printing/distribution, and Plan Review Fee to the City of Waterloo. Please feel free to contact me at your convenience if you have any questions. We are excited for this opportunity to work with you and the City of Waterloo. If this services proposal meets your approval, please sign below, and return to me at your convenience. Respectfully, Dan Levi, AIA Levi Architecture JB Bolger Park Superintendent, Waterloo Leisure Services ARCHITECTURE 3228 cedar heights drive cedar falls, is 50613 319.277.5636 o / Ieviarchitecture.com Page 412 of 443 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, for on -call consulting services, in conjunction with the FY 2025 - FY 2029 FAA - funded Airport Improvement Projects, 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. WatAir AIP 2025-2029 Page 413 of 443 Page 414 of 443 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com PROFESSIONAL ON -CALL SERVICES (FY 2025 — FY 2029) WATERLOO REGIONAL AIRPORT CITY OF WATERLOO, IOWA PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re - perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractors bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 415 of 443 Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of Page 416 of 443 Page 3 ATS's negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non -renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the Services shall be in accordance with the following: A. Compensation for the Services may be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. B. In some cases, compensation may be on some other agreed to basis such as a lump sum fee. The alternate method of compensation will be agreed to by both parties as part of the Project definition and estimate. C. Compensation for AIP-eligible projects may be as a lump sum fee or on an hourly basis using cost plus fixed fee method. A not -to -exceed amount shall be provided at time of execution. If a substantial change in scope occurs, an amendment may be processed to account for the additional effort. D. ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other Page 417 of 443 Page 4 instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. Page 418 of 443 Page 5 XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate Page 419 of 443 Page 6 litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) (g) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. This Agreement shall include Exhibit B, Sample Individual Project Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CLIENT APPROVED FOR AECOM TECHNICAL SERVICES, INC. J� By: By: eGZ LIB %� c /&,,, / Printed Name: Quentin M. Hart Printed Name: Michelle M. Sweeney, PE, PTOE Title: Mayor Title: Associate Vice President Date: Date: 11/26/2024 Page 420 of 443 PROFESSIONAL ON -CALL SERVICES (FY 2025 — FY 2029) WATERLOO REGIONAL AIRPORT CITY OF WATERLOO, IOWA EXHIBIT A A. Project Description This Professional Services Agreement between the Client and ATS allows ATS to assist the Client with engineering and architectural services for future projects. Projects at the Waterloo Regional Airport may include the following: 1. Runway 18-36 Pavement Reconstruction Outside of the Runway 12/30 Safety Area 2. Passenger Boarding Bridge 3. Purchase Multifunction Snow Removal Equipment 4. Runway 18-36 Pavement Reconstruction Inside of the Runway 12/30 Safety Area 5. Replace Airport Lighting Control System (ALCMS) Between Vault and Tower 6. ARFF Vehicle Replacement 7. Taxiway B Reconstruction North of Runway 12/30 8. Runway 12-30 Reconstruction — Phase 1 Design 9. Runway 12-30 Reconstruction — Phase 2 Construction 10. Additional On -Call Services, As Needed and/or Required, for the Term Period B. Scope of Services Services to be provided under this Agreement are as follows: 1. Services include, but are not limited to, engineering services for preliminary design, final design, bidding and construction phases including incidental special services for projects funded under the FAA Airport Improvement Program or other funding sources. 2. Professional technical services on an "on -call" basis without a separate agreement for each request. 3. Services will be provided when requested by the Client and at the level of service the Client desires. 4. Proposed scope of services, estimate of the cost, and estimate of start and completion dates would be provided by ATS for each project, if requested by the Client. C. Time of Completion ATS shall complete the Services for each project as defined in the applicable Individual Project Agreements. The parties anticipate that any Individual Project Agreements shall be issued between the time of the execution of this Professional Services Agreement and December 31, 2029. Page 421 of 443 EXHIBIT B (Sample Individual Project Agreement) Project Name: WATERLOO REGIONAL AIRPORT WATERLOO, IOWA FAA NO. xxxxxxx Project Description - See Attachment Scope of Services - See Attachment Compensation Compensation for services for this project shall be a cost plus fixed fee not to exceed ($ ). See attached Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Consultant Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS"), and the City of Waterloo ("Client"), dated xxx, 20xx. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By By Quentin M. Hart Mayor Date Date L:\Secure DCS\Administration\AGREE\PROF\WatAirAIP 2025-2029.doc Michelle M. Sweeney, PE, PTOE Associate Vice President Page 422 of 443 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE December 2, 2024 AGENDA ITEM TITLE Resolution approving a Professional Service Agreement with Invision of Waterloo, Iowa, in the amount of $420,000.00, in conjunction with the Courier Building Renovations, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Architectural design and engineering services for the renovation of the interior of the existing Courier Building on E 4th Street in Waterloo to serve as Waterloo City Hall. The design will be developed based on the test fit plans already provided. The design and services include full architectural services, led by INVISION to prepare a set of bidding documents. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 423 of 443 ATTACHMENTS 1. Courier Building Renovations Page 424 of 443 INVISION PLANNING I ARCHITECTURE INTERIORS November 14, 2024 Greg Ahlhelm Building Official / Commercial Plans Examiner Waterloo Building Department 715 Mulberry Street, 2' Floor Waterloo, IA 50703 Greg.ahlhelm(c�waterloo=ia.orq Re: City Hall — Courier Building Renovations Greg: We are pleased to present this proposal for architectural design and engineering services for the renovation of the interior of the existing Courier Building on East 4'h Street in Waterloo to serve as Waterloo City Hall. The design will be developed based on the test fit plans already provided. The following information includes full architectural services, led by INVISION to prepare a set of bidding documents based on your needs. We will work with you on phased delivery if that is necessary. PROJECT INFORMATION A. The scope of work includes remodeling the three floors of the existing Courier Building on E. 4'h St. This includes Architectural and MEPT design for the 48,000sf structure. We have been working hourly to do test -fits based on program information provided by the City. A portion of that work will be applied to the Schematic Design Scope and credited to the overall design fee for the full project. B. INVISION will work with two teams of City of Waterloo representatives. a. Police Department leadership for the Police area of the building b. Waterloo City Building Committee for the remainder of the building. C. Budget: a. An owner established budget has not been provided. b. INVISION provided a budget based on the scope of work identified during the test fits. The fees included in this proposal are based on this cost and scope defined in the test fits. i. Construction Budget: $5.5M ii. Soft Costs based on 25% of Construction Budget: $1.35M iii. Total Project Cost including construction contingency: $6.85M. c. There are many unknowns in the establishment of this budget and therefore costs will change as the project moves forward. D. Construction Delivery a. We understand that this project will be publicly bid with one bid package. E. Form of Contract: a. Basis of contract will likely be AIA B101 — 2019 Standard Form of Agreement Between Owner and Architect 0 501 SYCAMORE ST, SUITE 101, WATERLOO, IA 50703 303 WATSON POWELL JR. WAY, SUITE 200 ®® PO BOX 1800, WATERLOO, IA 50704-1800 DES MOINES, IA 50309 (319) 233.8419 (515) 633.2941 PEOPLE. PROCESS. BALANCE. INVISIONARCH.COM Page 425 of 443 INVISION PLANN4NO I ARCHITECTURE I INTERIORS SCOPE ASSUMPTIONS A. First Floor: a. Full gut and remodel of the majority of the space to house: i. Police Department ii. Clerk & Finance Offices (also test fit for Second Floor) b. Reconfiguration of the HVAC, Plumbing, IT, and Electrical systems to accommodate the selected plan c. Evaluation of exterior windows for added security needs. d. Determine any exterior improvements on the front and rear sides of building. B. Second Floor: a. Remodel of majority of the space to house: i. Cable & Cable Studio ii. City Council Chamber (also test fit for First floor). 1. IT space associated with Council Chamber iii. Clerks & Finance (also test fit for First Floor) iv. Building Maintenance Department v. Planning Department vi. Engineering Department vii. Mollenhoff Conference Room b. Reconfiguration of the HVAC, Plumbing, IT, and Electrical systems to accommodate the selected plan C. Third Floor: a. Remodel of majority of space to house: i. Mayor and City Attorney Suite ii. Housing Authority Department iii. Human Rights Department iv. Code Enforcement Department v. Human Resources Department vi. Information Technology Department vii. Community Development Department b. Reconfiguration of the HVAC, Plumbing, IT, and Electrical systems to accommodate the selected plan D. Building wide: a. DDC front end system b. Fire Alarm updates c. Emergency Generator PROJECT TEAM 1. INVISION Team will oversee the design of the project. Our team includes Jim Trunell, Kindra Christensen and support staff as needed. Kate Payne will provide project success oversight. 2. MECHANICAL, ELECTRICAL AND PLUMBING, and TECHNOLOGY ENGINEERING These services are included in the proposal 2 Page 426 of 443 INVISION PLANNING I ARCHITECTURE INTERIORS 3. COST ESTIMATING This proposal includes a fee for INVISION to provide cost opinions as outlined below. If the City chooses to add a cost consultant, we will issue an Additional Services amendment as needed. 4. STRUCTURAL ENGINEERING We have included a small allowance in the proposal for miscellaneous Structural Engineering. 5. CIVIL ENGINEERING We have not included Civil Engineering in this proposal. 6. LANDSCAPE ARCHITECTURE We have not included a Landscape Architect in this proposal. 7. ENERGY MODELING We have not included this in the proposal. 8. SUSTAINABILITY We have not included this in the proposal. If the design develops a need for any additional consultants, we will review the options and costs with you and issue an amendment for the additional services. OVERALL SCHEDULE A. Project Schedule and Deliverables a. SD Phase —6 Weeks i. Two meetings with the Police Department to finalize floor plan ii. Two meetings with Building Committee (needs definition) to finalize floor plan SD Phase 100% drawing set and outline specification for approval iv. SD Phase project cast estimate b. DD Phase — 8 Weeks i. One meeting with each department. ii. Building Committee Progress Meeting iii. Interior finishes meetings iv. DD Phase 100% drawing set and DD Specification for approval 1. Printed Set will be provided. Billed as reimbursable c. CD Phase — 7 Weeks i. 50% CD Review Page Turn Meeting. 1. Printed set if requested. Billed as reimbursable. ii. 95% CD Page Turn Meeting iii. 100% Bid Set — drawings and specifications. 1. Printed set if requested. Billed as reimbursable. d. Bidding & Negotiations — 4 Weeks i. Publish Bid Set for contractor bidding ii. Bid date TBD iii. Preparation of Construction Contract between Owner and Constructor. iv. City Council approval of bids e. CA Phase — 30 Weeks i. Start Construction 3 Page 427 of 443 INVISION PLANNING i ARCM EEC TURF i INTERIORS ii. Review shop drawings f. This timeframe produces bid results by mid -May 2025 assuming earlier schedule milestones are met. DELIVERABLES and SERVICES INCLUDED 1. Architectural, Mechanical, Electrical, and Technology engineering for scope outlined above. 2, Review and finalization of space program from Test Fit work. 3. Services: a. Architectural: Standard Architectural services to provide Design, Bidding, and Construction Administration services for the project. b. Mechanical, Electrical, Plumbing, and Technology engineering to provide Design, Bidding, and Construction Administration services for the project. c. Structural design as needed within a limited scope. No major structural changes are anticipated. d. Site verification of existing conditions. e. 2-4 Schematic design level interior renderings 4. Cost Evaluation a. Schematic Design level cost opinion. b. Design Development level cost opinion. c. Costs will not be included for design or construction of work outside the building. 5. Meetings as described in Schedule section of this letter. SERVICES EXCLUDED A. Services beyond the scope of this letter B. Furniture, Fixtures and other Equipment evaluation or design services a. We can provide a fee to evaluate the available furniture that exists in the building for City reuse. C. Signage design and specification D. Printing and other reimbursable costs E. Code Review. CLIENT RESPONSIBILITIES 1. Review and sign off on space program previously developed. 2. Supply existing building documentation 3. Participate in meetings outlined by Design Team to support design process 4. Establishment of Building Committee and timely participation for decision -making. 5. Plan review for code compliance 6. Sign off on each design phase. BASE SERVICE FEE A. We propose a lump sum fee of $420,000 for the entire project, SD thru CA phases. Each phase will be billed as a percentage of the lump sum amount. Schematic Design 20% Design Development 25% Construction Documents 25% Bidding & Negotiations 5% Construction Administration 25% 4 Page 428 of 443 INVISION PLANNIN4 4 ARCMl'ECTURE i INTUtiCAS B. The lump sum includes $7,000 credit for work completed to date on this project. C. Reimbursable expenses, as needed, will be invoiced at cost with no markup. CONCLUSION If this is acceptable, please return a signed copy of this letter to our office for our records. We will then formalize with the AIA Agreement between Architect and Owner. Please contact me if you have any questions regarding the proposal at katep@invisionarch.com or (319) 433-3824. We appreciate this opportunity to work with you again! Sincerely, Kate Payne, AIA Managing Director Cc: Eric Ritland, ericr(invisionarch.com ; Lisa Chamberlain, lisact invisionarch.com Authorized By: Printed Name: Signature Date 5 Page 429 of 443 PROJECT MEETING SCHEDULE PROJECT Waterloo City Hall Building PROJECT # 24102 Renovations OWNER City of Waterloo DATE November 14, 2024 PROCESS STEP MEETING DISCOVERY Meeting 1 Work Session - POLICE o Introductions o Test Fit Recap o Program review o Plan review o Project Schedule o Process -Overview, Identify Next Steps o Proactive Approach -Set Meeting Dates Meeting 1 Work Session - BUILDING COMMITTEE o Introductions o Project Scope Assumptions o Test Fit Recap o Program review o Plan review o Project Schedule o Process -Overview, Identify Next Steps o Proactive Approach -Set Meeting Dates, Budget Review o Report out from Police meeting STRATEGY DURATION DATE 2.0 hours Nov. 2.0 hours Nov. Meeting 2 Work Session - POLICE o Program Update o Process o Floor Plan sign off o MEPT scope presentation o Program check o Proactive Approach -Budget Review o Project Schedule -Update o Process - • Floor Plan sign off o Other pending decisions o MEPT scope and systems sign off o SD sign off for pricing 1.5 hours Dec. INVISION © 2024 INVISION Page 430 of 443 Meeting 2 Work Session — BUILDING COMMITTEE o Project Schedule -Update 1.5 hours Dec. o Program Update o Process o Floor Plan sign off o MEPT scope presentation o Program check o Proactive Approach -Budget Review, Bidding Schedule Review , o Process- o Interior Finish review o Floor Plan sign off o Other pending decisions o MEPT scope and systems sign off o Bidding Schedule o SD sign off for pricing STRATEGY Meeting 3 Refine the Vision o Project Schedule -Update, Owner 2 hours February Coordination Items a Program Update o Pending Decisions o Systems & Detailing -Review Preliminary Details and System Overviews, Specification Review Items -Owner Standards o DD sign off IMPLEMENTATION Meeting 4 50% Document Page Turn o Project Documents review 1.5 hours March o Drawing page turn o Sec front end review IMPLEMENTATION Meeting 5 Final Document Page Turn o Project Documents review 1.5 hours April o Drawing page turn o Spec highlights IMPLEMENTATION Bidding and beyond o Pre -Bid meeting FYI only May thru January o Public Hearing — if needed o Public Bid Opening o Pre -Construction Meeting o Regularly scheduled Construction Meetings o Punch o Final Acceptance and Close out INVISION 2024 INVISION Page 431 of 443 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 December 2, 2024 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Eocene Environmental Group, of Coralville, Iowa, in an amount not to exceed $510,000.00, to perform professional consulting services as a qualified environmental professional to assist with the management and implementation of a CERCLA Section 104(K) Multipurpose Grant from the Environmental Protection Agency pertaining to environmental cleanup of multiple sites within the City of Waterloo, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The agreement would allow for the consultant to assist with the management and implementation of a Multipurpose Grant from the EPA for the environmental cleanup of various sites throughout the City of Waterloo. The City of Waterloo received a grant from the EPA for the various cleanup work (Phase I Environmental Site Assessments, Phase II Environmental Site Assessments, and asbestos abatement), but requirements of the grant include hiring a consultant to act as a qualified environmental professional to oversee the project and complete tasks laid out within the grant award, including monitoring, reporting, Section 106 compliance, Davis -Bacon wage compliance, air quality monitoring, and final cleanup report preparation and submittal, to name a few of the tasks. The City of Waterloo solicited proposals from 12 consulting firms. Originally, the City of Waterloo only received one proposal from HR Green and entered into an agreement with them for the work, but recently the City of Waterloo terminated the agreement at the request of HR Green as they no longer have an environmental division or environmental employees that can handle the work, so the Ctiy of Waterloo had to re -bid the project. This time, the City of Waterloo received two proposals, including one from Impact7G and one from Atlas. The proposals were reviewed and scored by a Consultant Selection Committee, and the Committee is recommending that we move forward with an award to NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 432 of 443 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES EPA Multipurpose Grant ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Eocene PAS City of Waterloo - EPA Brownfields Multipurpose Grant - 11-22-2024 Page 433 of 443 AGREEMENT (PSA) PROFESSIONAL SERVICES . Eocene - my Environmental Group Project: EPA Brownfields Multipurpose Grant: Qualified Environmental Professional (QEP) Property: Waterloo, Iowa Citywide Client: City of Waterloo, Iowa Contact: Aric Schroeder Address: 715 Mulberry Street City/State/Zip: Waterloo, IA 50703 Phone: 319.291.0141 Email: Aric.schroeder@waterloo-ia.org AGREEMENT made this 22nd day of November, 2024, by and between the service provider, Eocene Environmental Group Inc. (Eocene) and the City of Waterloo (Client). WHEREAS the client intends to engage the services of Eocene to: assist with the implementation of the Client's United States (US) Environmental Protection Agency (EPA) Brownfields Multipurpose Grant. Work will be completed in conjunction with the Client's EPA Brownfield program and EPA Cooperative Agreement (CA) objectives. WHEREAS, Eocene agrees to provide said services pursuant to the terms of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Project Eocene agrees to complete the required tasks for the implementation of the Client's EPA Brownfields Multipurpose Grant under the CERCLA Section 104(k) Cooperative Agreement, Grant Number 96716501, for the period of 10/1/2024 through 9/30/2029. 2. Scope of Services The Scope of Services for this project consists of task items listed as follows: Task 1— Program Management ($34,000) This task will consist of completing activities associated with programmatic management, implementation and execution of the grant. Eocene will assist the Client with coordination with property owners, stakeholders, and interested citizens. Additionally, Eocene will ensure the Client complies with the EPA's reporting requirements. 108 East 7th Street, Suite 2, Coralville, IA 52241 866.875.5527 eocene.com Page 434 of 443 Task 2 — Community Involvement ($43,400) This task will consist of conducting four (4) open house events. Notice of events and meetings will be published through a variety of sources including the local newspaper, the Client's website and flyers posted throughout the city. Eocene will attend at least five (5) project partner committee meetings. The Client and Eocene will work to educate the public on the benefits of the EPA Brownfields Program to ensure the success of the project. This task also includes continually updating the Brownfields program website and design and distribution of a program brochure. Eocene is committed to preparing and submitting five (5) press releases. Task 3 — Site Assessment ($270,000) Eocene will coordinate and attend a project kickoff meeting before March 2025 with project partners (Client, EPA, IDNR, etc.). This task will consist of completing Phase I, Phase II, and Supplemental (ACM/LBP) Environmental Site Assessments (ESAs) in addition to cleanup planning. Eocene will conduct approximately 10 Phase I ESAs, 10 Phase II ESAs, associated ACRES work packages, and Supplemental Investigations as needed. Eocene will prepare the Generic QAPP along with the Site -Specific Sampling and Analysis Plans (Phase II ESA Work Plans) or Addenda to the Generic QAPP, conduct the ESAs, and review assessment activities for Quality Assurance. Phase I ESAs will be performed by Eocene in accordance with the "Standard Practice for ESAs: Phase I ESA Process," established by ASTM, designated E 1527-21, that embodies All Appropriate Inquiry (AAI) (40 CFR Part 312). Phase II ESAs will be performed by Eocene in accordance with EPA approved Phase II ESA Work Plans following ASTM Standards for Phase II ESAs (ASTM designation E1903-19). Supplemental Assessment (ACM/LBP) assessments performed by Eocene will be completed in accordance with State and Federal guidelines. Site -specific cleanup plans will likely consist of developing plans and specifications for a public bid for environmental remediation. Task 4 — Site Cleanup ($162,600) This task will consist of the preparation of an Analysis of Brownfields Cleanup Altematives (ABCA) document that will incorporate green and sustainable remediation techniques for two (2) sites identified for cleanup. The ABCA for each site will include remedial actions for each identified contaminant that exceeds applicable cleanup standards for Iowa. Plans will be based on an identified specific or potential reuse. If the contaminant dictates, sites selected for cleanup will be enrolled in the Iowa Department of Natural Resources' (DNR) Land Recycling Program (LRP). Prior to site cleanup, Eocene will follow all regulatory requirements - including Section 106 requirements, which includes review, preparation and submittal of cultural resources documentation. Eocene will produce cleanup specifications and bid documents (2) for contractor procurement, preparation of a Request for Proposal, and, once cleanup is underway, will complete on -site observation and Davis -Bacon interviews. Following site cleanup Eocene will prepare a final cleanup report (2) on behalf of the Client for submittal to the EPA. For cleanup sites enrolled in the LRP, Eocene will ensure compliance with Iowa DNR requirements, so a No Further Action certificate is received. Eocene will ensure compliance with Davis -Bacon regulations during cleanup activities. A sub -task of Site Cleanup will be air monitoring and project observation. Eocene can provide air monitoring services and project observation, which will include the collection and analysis of personal air samples, short term excursion limit air samples, and field blanks as required by OSHA. Eocene will oversee removal, hauling, and disposal of all ACM to the Black Hawk County Landfill. 3. Eocene Responsibilities Eocene Hereby agrees to: I. Provide the professional services as set forth in this Agreement; and II. Perform said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 4. Client Responsibilities Client hereby agrees to: 108 East 7th Street, Suite 2, Coralville, IA 52241 866.875.5527 eocene.com Page 435 of 443 I. Provide a knowledgeable representative of the Property, who will be available to coordinate all on -site work; and II. Provide unrestricted access to the Property for Eocene to perform the services; and III. Provide copies of any previously completed reports that may be pertinent to this Project. 5. Schedule The Project will commence immediately upon receipt of the executed Professional Services Agreement (PSA) from the Client. Eocene anticipates working closely with the Client throughout the grant period, which expires in September 2029. 6. Project Cost, Payment and Termination The Client shall pay Eocene on a Time and Materials Basis with Not to Exceed Total based on the attached 2024 Billing Rate Schedule for the itemized tasks listed below for the performance of this Agreement. Billing rates are subject to change on an annual basis. Direct costs such as communications, postage, routine printing and copying are included. Tasks Cost Task 1: Program Management $34,000.00 Task 2: Community Involvement $43,400.00 Task 3: Site Assessment $270,000.00 Task 4: Site Cleanup $162,600.00 Total $510,000.00 Invoices for Eocene's services will be submitted every 30 days or upon project completion if project completion is less than 30 days. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, Eocene may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, suspend or terminate the performance of services. Time and material costs will be adjusted annually in accordance with rate increases paid to personnel, inflation, and market conditions. 7. Work Product All field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by Eocene as instruments of service and/or used in the preparation of the final project deliverables shall remain the property of Eocene. All project documents including, but not limited to, plans and specifications furnished by Eocene under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by Eocene, shall be at the Client's sole risk, and Client shall defend, indemnify and hold harmless Eocene from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the Client be deemed a sale by Eocene, and Eocene makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall Eocene be liable for indirect or consequential damages as a result of the Client's use or reuse of the electronic files. Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, Eocene reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. Client shall retain copies of the work performed by Eocene in electronic form only for information and use by Client for the 108 East 7th Street, Suite 2, Coralville, IA 52241 866.875.5527 eocene.com 09-24 PAGE 3 OF 5 Page 436 of 443 specific purpose for which Eocene was engaged. Said material shall not be used by Client or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by Eocene without Eocene's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at Client's sole risk. Furthermore, the Client agrees to defend, indemnify, and hold Eocene harmless from all claims, injuries, damages, losses, expenses, and attomey's fees arising out of the modification or reuse of these materials. 8. Project Site The Client agrees to use good faith efforts to maintain a safe Project site for Eocene staff and, as applicable, subcontractors and assigns. Such good faith efforts shall include, but not exhaustive, ensuring that Project site is free and clear of any imminent hazards that pose a direct and immediate danger to any such individual potentially affected. 9. Claims and Disputes Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or Eocene. Eocene's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against Eocene because of this Agreement or the performance or nonperformance of services hereunder. The Client and Eocene agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision. The Client shall make no claim for professional negligence, either directly or in a third party claim, against Eocene unless the Client has first provided Eocene with a written certification executed by an independent professional currently practicing in the same discipline as Eocene and licensed in the State in which the claim arises. 10. Limited Liability The Client agrees, to the fullest extent permitted by law, to limit the liability of Eocene and Eocene's officers, directors, partners, employees, shareholders, owners and subconsultants to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of Eocene and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed $50,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 11. Mediation In an effort to resolve any conflicts that arise during the project or following the completion of the project, the Client and Eocene agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The Client and Eocene further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 12. Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the prevailing party. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 13. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the state of Iowa. 14. Assignment Neither the Agreement nor any of the rights or obligations arising under the Agreement may be assigned without prior written consent. 108 East 7th Street, Suite 2, Coralville, IA 52241 866.875.5527 eocene.com Page 437 of 443 This agreement is approved and accepted by the Client and Eocene upon both parties signing and dating the agreement. The effective date of the agreement shall be the last date entered below. CITY OF WATERLOO, IOWA Accepted by: Printed/Typed Name: Title: Date: EOCENE ENVIRONMENTAL OUP INC. Accepted by: Printed/Typed Name: Ryan Peterson Title: Vice President Date: 11/22/2024 108 East 7th Street, Suite 2, Coralville, IA 52241 866.875.5527 eocene.com 09-24 PAGE5OF5 Page 438 of 443 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 December 2, 2024 AGENDA ITEM TITLE Resolution approving an amendment to the Development and Purchase Agreement with Ryan Companies US, Inc., amending section 9.B of the Development Agreement and Section One of the Purchase Agreement, to change the purchase price from $2,139,000.00 to $2,276,875.50, located at 3280 Newell Street, and authorizing Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Ryan Companies is planning to build a 225,113 square foot building in the Northeast Industrial Park. The original development agreement noted a total of approximately 70 acres was being acquired. However, the actual total amount was approximately 72.965 or 2.965 more acres. Ryan Companies purchased the land from Willard R. Frost Trust Payment at $46,500 per acre, and the change in the purchase price is reflected based on that price per acre. After closing Ryan Companies will then deed the remaining 45.8 acres to the City of Waterloo for future development. NEIGHBORHOOD IMPACT The approval of the original development and purchase agreement will have a positive impact on the city, but adding new tax base and jobs. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Northeast TIF ALTERNATIVE ACTION Page 439 of 443 LEGAL DESCRIPTION ATTACHMENTS 1. Amendment to Development Agreement and Purchase Agreement Page 440 of 443 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT and REAL ESTATE CONTRACT This Amendment to Development Agreement and Real Estate Contract (the "Amendment") is entered into as of November , 2024, by and between Ryan Companies US, Inc. (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated September 3, 2024 (the "DA") concerning the development of property as described in the DA. Company and City also entered into a Real Estate Contract dated September 10, 2024 (the "Contract") supplemental to the DA, by which City would purchase from Company a portion of the Property identified in the DA as the Property Remainder. B. The parties desire to amend the DA and Contract to modify the terms as set forth in this Amendment to account for a change in the area of the Property Remainder by 2.965 additional acres as disclosed in a survey completed after the DA and Contract were approved. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree to amend the DA and the Contract to modify existing terms as set forth herein: 1. DA Amendment. Section 9.B of the DA is amended to strike $2,139,000.00 therefrom and to substitute $2,276,872.50 in its place. 2. Contract Amendment. Section 1 of the Contract is amended to state that the Purchase Price is $2,276,872.50. 3. General. Except as modified herein, the DA and Contract shall continue unmodified in full force and effect. In the event of any conflict between the DA or the Contract and this Amendment, this Amendment shall control. Terms in this Amendment that are capitalized but not defined herein will have the same meanings herein that are ascribed to them in the DA or the Contract, as applicable. The DA, the Contract, and Page 441 of 443 Page 2 this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Real Estate Contract by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) RYAN COMPA S---US. INC. By: David P. Wilson Title: VP of Real Estate Development On this day of , before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, lowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public Page 442 of 443 Page 3 STATE OF IOWA ) ) ss. COUNTY OF LINN ) Subscribed and sworn to before me on November 5, 2024, by David P. Wilson as Vice President of Real Estate Development of Ryan Companies US, Inc., a Minnesota corporation, on behalf of the corporation. �„.0 to„,. JULIE SHIMEK ' Commission Number 706819 My Commission Expires °w •• • November 9, 2024 ary Public J./ Page 443 of 443