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HomeMy WebLinkAboutCouncil Packet - 7/21/2025 CITYOF q4 u TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, July 21, 2025 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 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 Page 1 of 443 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, Steve Simon, At-Large Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of the July 7, 2025, regular council session, as proposed or amended. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. CONSENT AGENDA Page 2 of 443 The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing as August 4, 2025, for an amendment to the FYE 2026 Budget, and direct the City Clerk to publish notice. 3. Resolution re-setting date of public hearing as August 4, 2025, to approve a vacate request by the City of Waterloo to vacate a 20-foot drainage easement on Lots 4 and 5 of Warp 2nd Addition in the "M-2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road, and instruct the City Clerk to publish notice. 4. Resolution setting date of public hearing as August 4, 2025, to approve a rezone request by Malcolm Cleope to rezone approximately 0.27 acres of land from "C-2" Commercial District to "C-2, C-Z" Conditional Zoning District to allow for an aquaculture shrimp farming wholesale business located at 2625 Falls Avenue, and instruct the City Clerk to publish notice. 5. Resolution approving award of bid to BBB FLOW CO. DBA USTDW, of Walford, Iowa, in the amount of$205,950.00, approving the contract, bond and certificate of insurance, in conjunction with the FY 2025 Prefabricated Shelter, Contract No. 1113, and authorizing the Mayor and City Clerk to execute said document. 6. Resolution accepting FAA AIP Grant No. 3-19-0094-058-2025, in the amount of $93,670.00, for Update Pavement Maintenance Management System, and authorizing the Mayor and City Attorney to execute said document. 7. Resolution accepting FAA AIP Grant No. 3-19-0094-057-2025, in the amount of $2,205,204.00, for Replacement of Passenger Boarding Bridge and Fixed Walkway and Remark Terminal Apron, and authorizing the Mayor and City Attorney to execute said document. 8. Resolution to accept the Community Development Block Grant award with the Iowa Department of Economic Development, Contract No. 20-CVE 016 in an amount not to exceed $126,500.00, and authorizing the Mayor to execute said document. Submitted by: Rudy Jones, Community Development Director 9. Motion to approve Change Order No. 2 with Peters Construction Corporation of Waterloo, Iowa, for a total increase of$23,567.78, in conjunction with the FY 2024 Byrnes Aquatic Center, Contract No. 1077, and authorizing the Mayor to execute said document. 10. Motion to approve Change Order No. 05 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$25,143.00, in conjunction with FY 2024 La Porte Road Improvements, Page 3 of 443 Phase I Project, Contract No. 1016, DOT Contract No. STBG-SWAP-8155(760)--SG-07, and authorizing the Mayor and City Clerk to execute said document. 11. Motion to approve Change Order No. 08 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$25,236.39, in conjunction with FY 2022 Park Avenue Bridge Replacement Project, Contract No. 1013, DOT Contract No. BRM-CHBP-8155(771)--NB- 07, and authorizing the Mayor and City Clerk to execute said document. 12. Motion to approve Change Order No. 07 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$45,232.12, in conjunction with FY 2022 Park Avenue Bridge Replacement Project, Contract No. 1013, DOT Contract No. BRM-CHBP-8155(771)--NB- 07, and authorizing the Mayor and City Clerk to execute said document. 13. Motion to approve Recycling Yard License applications as listed in Exhibit A. 14. Communication from the Police Department on the notice of the conclusion of employment of Gregory Erie, Police Sergeant, effective June 30, 2025, with recommendation of approval of payout of$15,968.16 for unused benefits. 15. Camerion Campbell, Board/Commission: Community Development Board, Expiration Date: June 18, 2028, [Renewal]. 16. Motion to approve appointment of Aaron McClelland to the position of Assistant Police Chief in the Waterloo Police Department, effective July 22, 2025. 17. Lisa Munoz, Board/Commission: Human Rights, Expiration Date: January 18, 2028, [Renewal]. 18. Leisure Services Commission Board minutes of May 13, 2025. 19. Liquor Licenses a. Benevolent & Protective Order of Elks#290, 407 E. Park Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp:06/30/2026. b. Brenda's Park Road Inn, 306 Park Road, Classs C w/Sunday Sales (Renewal) Exp: 08/08/2026. c. Cedar Ridge Distillery, 306 E. 4th Street, Class C w/Sunday Sales (New) Exp:08/05/2025 d. Chaser's Pub, 3005 University Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp:07/07/2026. e. Kwik Star#723, 707 Broadway Street, Class B w/Sunday Sales (Renewal) Exp: 07/21/2026. f. Kwik Star#723, 707 Broadway Street, Class B w/Sunday Sales (Premises Updates) Exp: 07/21/2026. g. Kwik Star#724, 1105 Cedar Bend Street, Class B w/Sunday Sales (Renewal) Exp: 07/21/2026. h. Kwik Star#724, 1105 Cedar Bend Street, Class B w/Sunday Sales (Premises Updates) Exp: 07/21/2026. i. Kwik Star#732, 324 Fletcher Avenue, Class B w/Sunday Sales (Renewal) Exp: 07/21/2026. j. Kwik Star#732, 324 Fletcher Avenue, Class B w/Sunday Sales (Premises Updates) Exp: 07/21/2026. Page 4 of 443 k. Kwik Star#569, 875 Fisher Drive, Class B, w/Sunday Sales (Renewal) Exp: 08/27/2026. I. Light House Lounge, 1307 W. 5th Street, Class C w/Sunday Sales (Renewal) Exp: 06/28/2026. m. Maple Lanes, 2608 University Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp:07/22/2026. n. Studio 13 Waterloo, 304 W. 4th Street, Class C w/Outdoor Service and Sunday Sales (New) Exp:07/31/2026. o. Yesway Store #1022, 1976 Franklin Street, Class E w/Sunday Sales (Renewal) Exp: 07/12/2026. 20. Cigarette/Tobacco/Nicotine/Vapor Permits a. Bamboo Ridge Campground, Inc., 4550 LaPorte Road. (Retail Tobacco) b. Behar Bar, 312 W. 4th Street. (Retail Tobacco) c. BJ's Sports & Billards, 110 Ida Street. (Retail Tobacco) d. Cork's Grocery, 1956 Lafayette Street. (Retail Tobacco) e. Express Mart, 2027 Falls Avenue. (Retail Tobacco) f. Family Dollar Stores #30944, 2206 Kimball Avenue. (Retail Tobacco) g. New Star Fletcher, 315 Fletcher Avenue. (Retail Tobacco) 21. Bonds. PUBLIC HEARINGS 1. Asbestos Abatement Services, Contract AB-2025-07-09P. 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 Advanced Environmental, Inc. of Waterloo, Iowa, in the amount of$34,940.00, in conjunction with Asbestos Abatement Services, Contract AB- 2025-07-09P, for properties located at 1712 E 4th Street, 708 Mobile Street, 127 Newell Street, 418-420 Courtland Street, 2227 Ricker Street, 406 Randall Street, 718 W 2nd Street, and 411 Logan Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 2. Request by Cedar River Contractors on behalf of K-W Electric for a Site Plan Amendment for the construction of a 29,900 manufacturing warehouse and office building located east of 180 WARP Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amendment to 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 Site Plan Amendment request by Cedar River Contractors on behalf of K-W Electric for the construction of a Page 5 of 443 29,900 manufacturing warehouse and office building located east of 180 WARP Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 3. Request by the City of Waterloo to rezone approximately 0.19 acres from "C-2" Commercial District to "R-3" Multiple Residence District to allow Iowa Heartland Habitat for Humanity to split two lots into three, but maintain a single zoning on the three lots located at 512 Almond 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 recommendation 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 the City of Waterloo to rezone approximately 0.19 acres from "C-2" Commercial District to "R-3" Multiple Residence District to allow Iowa Heartland Habitat for Humanity to split two lots into three, but maintain a single zoning on the three lots located at 512 Almond 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 4. Request by the City of Waterloo to vacate a twenty-foot drainage easement on Lots 4 and 5 of Warp 2nd Addition in the "M-2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road. Public Hearing Canceled. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution approving a Permanent Easement Agreement in the amount of$10,184.00, a temporary easement agreement in the amount of$790.00, and reimbursement for pavement removal in the amount of$6,628.00, totaling a just compensation amount of $17,602.00, with JP Management Corp, located at 1224 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 2. Resolution approving a Development Agreement with 3 Stooges, LLC, for the construction of an 8,200 square-foot commercial building, and construction of a future 8,200 square-foot building with a minimum assessed value of$1,000,00.00, with seven years of fifty percent tax rebates, and a land acquisition grant of$604,612.80, located south of 2661 Geraldine Road, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director Page 6 of 443 3. Resolution authorizing sponsorship of the High Quality Jobs Tax Credit Application with the Iowa Economic Development Authority, for International Paper Company, for the addition of up to seventy-two jobs associated with their new business at 3230 Leversee Road, and rescind Resolution No. 2025-044 in its entirety. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving a Development Agreement with RAP, LLC, for the construction of a 4,200 square foot commercial building with a minimum assessed value of$273,000.00, located south of 3135 Marnie Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving two Memorandums of Understanding with the Iowa Northland Regional Council of Governments, in the amount of$29,000.00, for preparation of grant writing and administration of an Economic Development Administration Public Works and Economic Adjustment Assistance grant for a water detention basin in the Waterloo Air and Rail Park, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving a Professional Service Agreement with AECOM of Waterloo, Iowa, in conjunction with an Emergency Building Inspection of the building at 325 West Park Avenue in Waterloo, Iowa, which had a portion of the Southeast wall collapse and needed an "emergency building inspection" to provide the City of Waterloo with recommendations for building rehabilitation or demolition of the existing structure, in addition to verify public safety. Submitted by: Greg Ahlhelm, Building Offical 7. Resolution approving construction plans for grading, paving, and utilities serving the San Marnan Business Park 1 st Addition - Phase 2, as submitted by the Clapsaddle-Garber Associates, Inc., Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. Submitted by: Wayne Castle, PLS, PE, Assistant City Engineer 8. Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement with Foth Infrastructure and Environment, LLC, originally executed March 17, 2025, in an amount not to exceed $541,131.00, in conjunction with the FY 2026 Katoski Drive and Huntington Road Reconstruction, Contract No. 1123, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 9. Resolution approving a Professional Services Agreement with Bolton & Menk of Oakdale, Minnesota, in the amount of$9,500.00, in conjunction with the Rental Car Quick Turnaround Facility Concept Development Project, and authorizing the Director of Aviation to execute said document. Page 7 of 443 Submitted by: Steven Kjergaard, Director of Aviation 10. Resolution approving an Agreement with Routeware, Inc., of Portland, Oregon, in the monthly amount of$2,725.38 for 36 months, in conjunction with the ReCollect Software Program, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 11. Resolution approving the Audit Engagement Letter with BerganKDV for the fiscal year ending June 30, 2025, and authorizing the Mayor to execute said document. Submitted by: Bridgett Wood, Finance Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 8 of 443 July 7, 2025 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, July 7, 2025. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton-Smith, Mr. Simon and Ms. Wilder. Ms. Creighton-Smith and Ms. Wilder joined via Zoom. Mr. Chiles and Mr. Feuss were absent. Prayer or Moment of Silence. Pledge of Allegiance, John Chiles, Ward 1 Council member. Approval of Agenda as proposed or amended. Nichols/Simon that the agenda as amended, by removing consent agenda item numbers 2 and 25 to be considered separately, be approved. Voice vote-Ayes: Five. Motion carried. Approval of Minutes of the June 16, 2025, regular Council Session, and the June 27, 2025, Special Council Session, as proposed or amended. Nichols/Simon that the minutes of the June 16, 2025, Regular Session and June 27, 2025, Special Session, as proposed, be approved. Voice vote-Ayes: Five. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Aaron Stacey Roberts, 411 Almond Megan Butler, 818 Clough Mr. Boesen commented that he was disappointed to see that there were two house fires relating to fireworks, one with $30,000 of damage and the other$5,000. He asked Chief Duncan to please share fireworks calls for service. Chief Duncan shared the number of calls for service relating to the 4th of July holiday. He shared that no citations were issued, and the department was extremely busy over the weekend. He added that the department is down fourteen officers between injuries, military deployment, and retirements. Mr. Simon questioned why citations were not issued. Chief Duncan explained that he had not yet had an opportunity to review the calls. Mayor Hart encouraged individuals to contact their state representatives regarding fireworks. Page 1 of 17 Page 9 of 443 City of Waterloo to vacate a 20-foot drainage easement on Lots 4 and 5 of Warp 2nd Addition in the "M-2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-381. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 10, 2025, and date of public hearing as July 21, 2025, in conjunction with Asbestos Abatement Services, Contract AB-2025-07-09P, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-382. Motion to approve Change Order No. 22 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net decrease of$215,078.15, in conjunction with the FY 2023 Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. Motion to approve the appointment of Tatiana Moore from the current Civil Service List to the position of Housing Coordinator in the Housing Authority, effective July 7, 2025. Motion to approve the appointment of Jennifer McGee from the current Civil Service List to the position of Housing Coordinator in the Housing Authority, effective July 7, 2025. Motion to approve the appointment of Safiah Elahi to the position of Traffic Operations Director in the Public Works Department, effective July 8, 2025. Motion to approve the appointment of Isaac Schimmels from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective July 8, 2025, conditioned on passing a pre-employment physical and drug testing. Motion to approve the appointment of Lorenzo Jackson from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective July 7, 2025. Motion to approve the appointment of Ryan Black from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective July 7, 2025. Motion to approve the appointment of Brett Reiter from the current Civil Service List to the Page 3 of 17 Page 11 of 443 position of Equ Motion to approve the Application for Fireworks Display: Lost Island Water Park, 2225 E. Shaulis Road, July 25, 2025, beginning at 9:30-9:50 p.m. Motion to receive and file Airport Board minutes of April 14, 2025. Motion to receive and file Airport Board minutes of May 28, 2025. Liquor Licenses a. 7 Star Liquor & Tobacco, 2844 University Avenue, Class E w/Sunday Sales (New) Exp: 05/31/2026. b. Applebee's Neighborhood Grill & Bar, 2780 Crossroads Boulevard, Class C w/Sunday Sales (Ownership Update) Exp: 06/23/2026. c. BP Fuel, 127 Jefferson Street, Class E w/Sunday Sales (Renewal) Exp: 05/29/2026. d. Buramba, LLC, 1010 E. Mitchell Avenue, Class C w/Sunday Sales, (New) Exp: 04/14/2026. e. Edo's Sports Bar, 110 E. 11th Street, Class C w/Sunday Sales (Renewal) Exp: 05/07/2026. f. Flirts Gentlemen's Club, 319 Jefferson Street, Class C w/Sunday Sales (Renewal) Exp: 06/10/2026. h. Iron Horse Saloon, 303 W. 4th Street, Class C w/Sunday Sales (Renewal) Exp: 06/05/2026. i. Light House Lounge, 1307 W. 5th Street, Class C w/Sunday Sales (Renewal) Exp: 06/28/2026 j. Love's Travel Stop #702, 3301 Greyhound Drive, Class C w/Sunday Sales (New) Exp: 04/29/2026. k. Metro Mart#1, 3201 W. 4th Street, Class B, w/Sunday Sales (Renewal) Exp: 07/06/2026. I. Metro Mart#4, 2332 Falls Avenue, Class E, w/Sunday Sales (Renewal) Exp: 06/30/2026. m. Prime Mart#3, 1008 La Porte Road, Class E, w/Sunday Sales (Renewal) Exp: 06/12/2026. n. Starbeck's Smokehouse, 250 Westfield Avenue, Class C, w/Outdoor Service and Sunday Sales (Renewal) Exp: 06/20/2026. o. WCA Building and Amphitheatre, 225 Commercial Street, Class C, w/Outdoor Service and Sunday Sales (Renewal) Exp: 06/21/2026. Cigarette/Tobacco/Nicotine/Vapor Permits a. Shwe Nviko Market, 911 Commercial Street. (Retail Tobacco) b. SK Minimart, 306 Byron Avenue. (Retail Tobacco) Bonds. Consent Agenda Item No. 2 Boesen/Nichols Resolution authorizing an exception to the City of Waterloo's Purchasing Policy, to approve the Page 5 of 17 Page 13 of 443 purchase of one 2025 Type I Superliner 171-inch Body Ford F-550 Ambulance from Life Line Emergency Vehicles of Sumner, Iowa, in the amount of $397,264.00. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-383. Mr. Boesen questioned if the cost includes any of the necessary equipment inside the ambulance other than the cot loading system. Chief Beck, Fire Chief, confirmed that the cost included only the power load cot and power load system and explained that the equipment will be removed from the vehicle this one would be replacing. Mr. Boesen asked how it would be funded. Chief Beck shared that it would be funded with bond money. Mr. Boesen questioned if a work session could be held on the transfer service as the original intent was to utilize the revenue from the program to purchase a new ambulance each year, but we are not, we are bonding. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025- Consent Agenda Item No. 25 Boesen/Nichols to deny Recycling Yard License application of Litzkow Auto Recyclers, Inc. 1720 Black Hawk Road. Roll Call vote-Ayes: Five. Motion carried. Mr. Boesen commented that when he was Fire Marshal this was denied each year and questioned what happens when we do deny this as it doesn't affect his business. Noel Anderson, Community Planning and Development Director, explained that he could speak with the attorney's office to see if we would like to take further actions through the court system. In the past, we won in court, and they said we could fine him a dollar a day, which didn't seem worthwhile to send code enforcement out every day. We could discuss other legal options further to see what would be worthwhile to bring Mr. Litzkow into compliance. Mr. Boesen questioned how long this had been going on. Noel Anderson commented it had been going on for at least thirty years and explained that the city went to supreme court with Mr. Litzkow and although we won, he was allowed to stay within certain court-ordered boundaries, which is operating outside of those. He further shared that the entire area is in the flood way, where he shouldn't be at all. Mr. Simon questioned if the dollar per day fine could be retroactive back thirty years. Noel Anderson stated that the court order was that we would have to collect on a daily basis. PUBLIC HEARINGS Page 6 of 17 Page 14 of 443 Sale and conveyance of city-owned property located southeast of 155 Warp Drive, in the amount of$1.00, to BKKS Holdings LLC, including approval of a Development Agreement. Boesen/Nichols to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Five. 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/Nichols to close the hearing. Voice vote-Ayes: Five. Motion carried. Boesen/Nichols Resolution approving the sale and conveyance of city-owned property, located southeast of 155 Warp Drive, to BKKS Holdings LLC, in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-384. Mr. Boesen commented that he would like to see our development agreements based more on jobs and building permits. Boesen/Nichols Resolution approving a Development Agreement with BKKS Holdings LLC, for the construction of a total of 94,100 square feet of storage development on Lots 34-39 (6.5 acres) of Warp 4th Addition, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote- Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-385. Sale and conveyance of city-owned property located at 512 N. Barclay Street, in the amount of $15,200.00, to Dhani RE Investments LLC, including approval of a Development Agreement for the rehabilitation of the home. Nichols/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Five. 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/Boesen to close hearing. Voice vote-Ayes: Five. Motion carried. Nichols/Creighton-Smith Resolution approving the sale and conveyance of City property located at 512 N. Barclay Street, in the amount of $15,000.00, to Dhani RE Investments LLC, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote-Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-386. Page 7 of 17 Page 15 of 443 Mr. Boesen questioned if this is the same developer as Parkview Gardens at 310 Upland. Noel Anderson, Community Planning and Development Director, confirmed it is the same owner. Nichols/Creighton-Smith Resolution approving a Development Agreement with Dhani RE Investments, LLC in conjunction with the rehabilitation of 512 N. Barclay Street, including a grant of $5,000.00 for partial purchase price refund and a grant of $5,000.00 for infill housing development, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-387. Demolition and Site Clearance Services. Contract No. D -2025-06-03P. Simon/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Simon/Nichols to close hearing. Voice vote -Ayes: Five. Motion carried. Simon/Nichols Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-388. Simon/Nichols to receive, file, and instruct the City Clerk to read bids. Voice vote -Ayes: Five. Motion carried. Engineer's Estimate: $60,000.00 Earth Services & Abatement, Des Moines, IA - 5% - $164,750.00 Lehman Trucking & Excavating, Inc., Waterloo, IA - 5% - $55,283.00 Thome Excavating & Grading, LaPorte City, IA - 5% - $47,781.20 DeClaro Demolition Company, Des Moines, IA - 5% - $78,046.00 Simon/Nichols Resolution approving the award of bid to Thome Excavating & Grinding of La Porte City, Iowa, in the amount of $47,781.20, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D -2025-06-03P, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-389. FY 2026 Airport Fence Relocation Project, Contract No. 1133. Nichols/Simon to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. Motion carried. Page 8 of 17 Page 16 of 443 This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Creighton-Smith to close hearing. Voice vote -Ayes: Five. Motion carried. Nichols/Creighton-Smith Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-390. Mr. Boesen commented that there was not a lot of information in the council packet and requested an overview of the agenda item. Jamie Knutson, City Engineer, provided an overview of the project. Mr. Simon clarified that the cost is to move the fence and concrete. Jamie Knutson confirmed. Mr. Boesen questioned how security would be maintained during construction. Jamie Knutson shared that the new fence will be installed first. Nichols/Creighton-Smith to receive, file and instruct City Clerk to read bids. Voice vote -Ayes: Five. Motion carried. Lodge Construction, Shell Rock, IA - 5% - $384,730.00 Peterson Contractors, Inc., Reinbeck, IA - 5% - $317,080.00 Vieth Construction Corporation, Cedar Falls, IA - 5% - $382,409.00 Nichols/Creighton-Smith Resolution approving award of bid to Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $317,080.00, approving the contract, bond and certificate of insurance, in conjunction with the FY 2026 Airport Fence Relocation Project, Contract No. 1133, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-391. FY 2025 Prefabricated Shelter. Contract No. 1113 Boesen/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Five. 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/Nichols to close hearing. Voice vote -Ayes: Five. Motion carried. Page 9 of 17 Page 17 of 443 Boesen/Nichols Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-392. Mr. Boesen thanked Mr. Knutson for clarification on the purpose of the project. He further commented that it seems that each time we go out to bid the price of the shelter increases. Mr. Simon questioned if this was covered by the initial contract. Jamie Knutson explained that each of the huts are stand-alone contracts. Boesen/Nichols to receive, file and instruct City Clerk to read bids and forward to the City Engineer for review. Voice vote -Ayes: Five. Motion carried. Engineer's Estimate: $300,000.00 EBB Flow Co., dba USTDW - 5% - $205,950.00 Network Building and Consulting, LLC - No Security Provided - $260,968.00 RESOLUTIONS Resolution approving a 28E Agreement with Black Hawk County, Iowa to jointly fund, construct and share a law enforcement lab facility, and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-393. Resolution approving an agreement with Black Hawk Sprinklers, Inc. of Waterloo, Iowa, in the amount of $40,730.00, in conjunction with the server room dry foam sprinkler system, and authorizina the Mavor to execute said documents. Boesen/Nichols Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-394. Resolution approving a Cooperative Services Agreement with USDA Wildlife Services to minimize wildlife -related property damage and risk to human health and safety, and authorizing the Mavor to execute said document. Boesen/Nichols Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-395. Mr. Boesen thanked Chief Duncan and Sheriff Neff for their efforts. Resolution approving Supplemental Agreement No. 2, with AECOM, Inc., of Waterloo, Iowa, in an amount not to exceed $35,300.00, for a Traffic Engineering Study in conjunction with the Page 10 of 17 Page 18 of 443 4th, 5th, and 6th Street Conversion, and authorizing the Mayor to execute said document. Nichols/Simon Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-396. David Dryer, 3145 W. 4th Street, questioned if public comment will be considered for this project. Jamie Knutson, City Engineer, commented that 4th Street should not be included in this project. He added that public input will be gathered but that it will be at least 18 months out depending on if the grant is awarded. Nichols/Simon to amend the resolution by striking 4th Street from the conversion resolution. Voice vote -Ayes: Five. Motion carried. David Deeds, 215 E. 4th Street, commented that this conversation has been going on for a very long time. He shared that he appreciates the council moving forward on this and highlighted the benefits of this project. Mayor Hart commented that these streets are at the point that they need to be reconstructed. Mr. Simon commented that he has not heard public support to reconfigure these one-way streets. Mayor Hart requested clarification on the action tonight. Jamie Knutson provided an overview of the agenda item. Mr. Nichols shared that the traffic engineering study is a very important step and expressed his support for AECOM to conduct the study for us to submit for the grant to help pay for this expensive and necessary project. Ms. Wilder works with the structural and safety committee of Habit for Humanity and the group is very much in support of this conversion project. Ms. Creighton -Smith supports the AECOM traffic study. Resolution approving a Joint Prosect Agreement with the Waterloo Community School District, to reimburse the City for design and construction costs for roadwork associated with the new high school, and authorizing the Mayor and City Clerk to execute said document. Nichols/Simon Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-397. Mr. Boesen commented that this agreement is very vague and that the schools should be responsible for design and construction costs. He shared that he would be supportive of funding the extension to Huntington Road. Page 11 of 17 Page 19 of 443 Mr. Simon commented that he agrees with Mr. Boesen that there are going to be ongoing additional costs to the city for relocating the school. Mayor Hart commented that the bond referendum had an overwhelming majority response from the community. Mr. Nichols also commented on the overwhelming vote of approval by the citizens of Waterloo. Creighton -Smith commented that though the residents voted for the new high school, it is not clear that they knew they would be paying for it. Jamie Knutson shared that prior to learning that the school would be relocating there, it was the city's intent to reconstruct Katowski down from four lanes to two as traffic flow didn't warrant four lanes. He further shared that there would be cost savings by putting in roundabouts versus reducing traffic lanes. He provided information on who was responsible for the cost of the various portions of the project but explained that he does not have the cost -splitting percentages at this time but hopes to in the near future. Mr. Boesen commented that he would like to see this item postponed to the July 21st meeting to wait for the final study to have the agreement better informed. Jamie Knutson commented that this item would not be coming back on the 21st, and that it would be January before they go out for bids. He did share that on next council meeting agenda there will be a Design Agreement with FOTH to start the final design. Mr. Simon shared his frustration with the cost, timeline and deadlines being imposed on us and questioned why we lacked a better plan. Jamie Knutson explained that the schools did not discuss any of this with him and that he first saw their site plan in February of this year. Mayor Hart explained that it is not the responsibility of the city to tell a school where they want to build. It is the responsibility of the city to help with the flow of traffic. Jamie Knutson explained that he had given the schools a rough estimate of costs as 60% to the school and 40% to the city. Ms. Creighton -Smith shared how she understood who would be paying for what. Jamie Knutson confirmed and shared that the school is responsible for a large portion of this project. Mr. Boesen questioned how the city would pay for its 40% of the cost. Jamie Knutson shared that the funding will come from Local Option Sales Tax. Mr. Boesen commented that the Greenhill intersection would be in the University Avenue TIF, and asked if that would be Local Option Sales Tax or University Avenue TIF funding. Jamie Knutson explained it would likely be part of both for that portion Page 12 of 17 Page 20 of 443 Mr. Simon clarified that he is in favor of the school, the traffic improvements, etc. It is the burden that was placed upon the city of Waterloo by the schools for picking that location. Jamie Knutson commented that if the school had not chosen that location, the city would have paid 100% of the reconstruction of Huntington and Katowski. Now it is a shared cost and both sides will be saving money in the end. Mayor Hart commented that the approval of the school was delayed some when they had to go out for a public vote, which really squeezed the timeline. Resolution approving a Professional Services Agreement with AECOM, Inc., of Waterloo, Iowa, in an amount not to exceed $80,900.00 for construction -related services in conjunction with the FY 2026 Airport Fence Relocation Prosect, Contract No. 1133, and authorizing the Mayor and City Clerk to execute said document. Nichols/Simon Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-398. Resolution approving a Development Agreement with 3350 University Avenue, LLC, for tax exemptions for the rehab of an existing building into fifty-eight multiple family units, with a $5,000.00 infill incentive for each unit totaling $290,000.00, with a minimum assessed value of $2,500,000.00, located at 3350 University Avenue, which is within the Consolidated Urban Revitalization Area, and authorizing the Mayor and City Clerk to execute said document. Nichols/Simon Roll Call vote -Ayes: Three. Nays: Two (Simon and Boesen). Absent: Two (Feuss and Chiles). Motion failed. Resolution No. 2025-399. Mr. Boesen commented that this is not a rehabilitation, it is more like a remodeling project and pointed to similar projects that did not receive similar incentives. He shared that he is not in support of $5,000 per unit. Noel Anderson, Community Planning and Development Director, explained that as a part of the recent Elevate Housing Policy Initiatives, Section 4B, Rehabilitation on Eligible Infill Sites, this property is eligible and council can approve these on a case-by-case basis if it meets the qualifications for rehabilitation. Mayor Hart commented that he walked through the site with the former Fire Chief, and it was in deplorable condition. He questioned what the vision for these would be. Noel Anderson commented that they are planning to take two hotel rooms and turn them into a market -rate apartment. They do have Iowa Workforce Housing Tax Credits and are trying to utilize state assistance to complete the project. It would raise the assessed value from $730,000 to $2,000,000. Mr. Simon commented that he does not see a family going into these units and that the shared images do not even show there is a bedroom. Noel Anderson explained that it is a design that a lot of cities are seeing more of and that Page 13 of 17 Page 21 of 443 Waterloo's Grand Crossing includes one -bedroom or no -bedroom apartments Mr. Nichols questioned if the council would be able to see a design as he would not like to see it look the same as it had in the past. Mayor Hart questioned what type of walk-thru is done before the $5,000 is awarded. Noel Andersen explained that it is a full renovation of the building, so it would need to meet all building code requirements and all rental registration requirements, so both staff would do the walk-thru. Ms. Creighton -Smith shared her concern that these units would not be able to house families, and she is not convinced it would end up being much different from before. Mayor Hart commented that it is important that we offer a variety of housing within our community. Mr. Nichols questioned if we have worked with this developer in the past. Noel Anderson confirmed and shared that the main developer for this project is Brent Dahlstrom. Ms. Creighton -Smith asked for examples of Mr. Dahlstrom's prior developments. Mayor Hart provided a few examples of Mr. Dahlstrom's previous projects. Resolution to approve a request by VJ Engineering on behalf of 3 Stooges, LLC for the Preliminary Plat of Martin Road Subdivision, a 3 -lot industrial subdivision in the "M -2-P" Planned Industrial District located at 1330-1350 Martin Road. Nichols/Simon Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-400. Resolution approving a Development Agreement with Iowa Capital Partners, LLC, for tax exemptions for the construction of a 110 -unit assisted senior living center, with a minimum assessed value of $14,000.000.00, located at 707 Tower Park Drive, which is within the City Limits Urban Revitalization Area, and authorizing the Mayor and City Clerk to execute said document. Nichols/Simon Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-401. Resolution of support for an application by Martin Flats, LLC, for the Iowa Historic Tax Credit Program to the Iowa Economic Development Authority, to construct two market -rate upper -story apartments, located at 319 East 4th Street, including an economic development grant of $199,000.00, and property tax rebates of fifteen years at seventy percent, as approved by the City Council by Resolution No. 2023-744, on November 20, 2023. Boesen/Nichols Page 14 of 17 Page 22 of 443 Roll Call vote -Ayes: Four. Abstain: One (Wilder). Absent: Two (Feuss and Chiles). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-402. Forest Dillavou, 1725 Huntington Road, requested an overview of from where funding for the project will come. Noel Anderson, Community Planning and Development Director, explained that the incentives are already in place, and they are just reapplying for the Iowa Historic Tax Credits that they did not get last time. This resolution is restating those incentives again for the state and allowing them to apply for the tax credits. David Dryer, 3145 W. 4th Street, questioned how the market -rate is determined for a multi- family unit. Noel Anderson explained that the industry standard would mean that there are no tax credits or other incentives, specifically, and limit it to low -to -moderate -income housing, which is generally set at eighty -percent of average median income or lower. Mr. Boesen commented that a six-month extension was given to the developer, and they have until December to get this finished. He questioned if it was upstairs and down or just the apartments. Noel Anderson confirmed and shared that the development agreement is for the entire project. Mr. Simon commented that there are parameters that projects have to meet to receive abatements. Noel Anderson confirmed and shared that it can be a sliding scale Ms. Creighton -Smith expressed her support. Resolution granting the United States Department of Commerce (DOC), Economic Development Administration (EDA) certain financial assurances in conjunction with a disaster recovery grant application. Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-403. Mr. Boesen questioned if this is an application or have we already been approved for this money. Noel Anderson, Community Planning and Development Director, shared that we are applying to the Economic Development Association for some funding to help us with the Waterloo Air and Rail Park. Resolution approving an amendment to the Development Agreement and Minimum Assessment Agreement with FDP OC, LLC, originally approved on October 1, 2024, for the City to acquire a portion of the property located at 503 Commercial Street for future downtown development, and authorizing the Mayor and City Clerk to execute said amendment. Nichols/Boesen Page 15 of 17 Page 23 of 443 Roll Call vote -Ayes: Three. Nays: Two (Boesen and Simon). Absent: Two. (Feuss and Chiles). Motion failed. Resolution No. 2025-404. David Dryer, 3145 W. 4th Street, questioned why we are only acquiring a portion of the building. Noel Anderson, Community Planning and Development Director, provided an overview of the property acquisition. Mr. Boesen commented that the resolution states that the Development Agreement was originally approved on October 1, 2024, but the council approved it on August 5, 2024. He questioned if the twelve-month timeline to begin construction is from the date it was approved by council or as of the date it was recorded. He shared that he is not in favor of approving this amendment to the Development Agreement. Resolution approving a Development Agreement with RAP, LLC, for the construction of a 4,200 square foot commercial building with a minimum assessed value of $273,000.00, located south of 3135 Marnie Avenue, and authorizing the Mayor and City Clerk to execute said document. Boesen/Creighton-Smith to postpone to July 21, 2025. Voice vote -Ayes: Five. Motion carried. Resolution to approve a request for a Minor Site Plan Amendment by Prairie Rapids Square II, LLC to change a previously approved site plan to now remove four detached garages, each having six separate spaces, having a total of twenty-four separate garages, and now pave that area for twenty-nine outdoor parking spaces, located east of 3121 Kimball Avenue (AutoZone). Nichols/Boesen Roll Call vote -Ayes: Five. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-405. Mr. Boesen commented on the esthetics and would like to see them keep the garages. James Kincaid, Developer's Engineer, commented on the decision to remove the covered parking stalls, sharing that they are not as desirable to potential tenants and are increasing the development cost. Mr. Simon questioned square footage of the units, pricing, and how it was determined that tenants would not want the covered spaces. James Kincaid commented that he would not want to misrepresent the developer's intent but could reach out and get answers to those questions. Mr. Simon commented that just down the street from this location there are boats parked in open spaces, and he is not in favor of open -space parking for multiple reasons. He is in favor of keeping the original agreement. Mayor Hart questioned how detrimental it is to the project. James Kincaid stated that the developer's decision was based on cost savings if the garages were pulled from the agreement. Page 16 of 17 Page 24 of 443 Mr. Boesen clarified that the developer is likely trying to attract younger people who do not have kids who are looking for a small, more affordable apartment. CLOSED SESSION Closed Session on the purchase of real estate pursuant to Iowa Code Section 21.50 Boesen/Nichols to adjourn to Executive Session at 7:22 p.m. Roll Call vote -Ayes: Five. Motion carried. ADJOURNMENT Nichols/Simon to adjourn Executive Session at 7:48 p.m. Roll Call vote -Ayes: Five. Motion carried. Nichols/Simon that the council adjourn at 7:48 p.m. Voice vote -Ayes: Five. Motion carried. Kelley Felchle City Clerk Page 17 of 17 Page 25 of 443 CITY OF �TERLOO J IOW. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Finance Department AGENDA ITEM TITLE MEETING DATE July 21, 2025 Resolution setting date of public hearing as August 4, 2025, for an amendment to the FYE 2026 Budget, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. PublicHearingNotice - Amendment 1 Page 26 of 443 NOTICE OF PUBLIC HEARING -AMENDMENT OF CURRENT BUDGET City of WATERLOO Fiscal Year July 1, 2025 - June 30, 2026 The City of WATERLOO will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2026 Meeting Date/Time: 8/4/2025 05:30 PM Contact: Brid ett Wood Phone: 319 291-4323 Meeting Location: City Hall - Council Chambers 715 Mulberry St Waterloo, IA 50703 There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above. A detailed statement of: additional receipts, cash balances on hand at the close of the preceding fiscal year, and proposed disbursements, both past and anticipated, will be available at the hearing. Budget amendments are subject to protest. If protest petition requirements are met, the State Appeal Board will hold a local hearing. For more information, consult htt s://dom.iowa.gov/local-gov-appeals. REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 51,959,620 0 51,959,620 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 51,959,620 0 51,959,620 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 23,902,048 0 23,902,048 Other City Taxes 6 21,649,795 0 21,649,795 Licenses & Permits 7 1,514,520 0 1,514,520 Use of Money & Property 8 2,714,680 0 2,714,680 Intergovernmental 91 90,024,177 0 90,024,177 Charges for Service 10 40,278,007 0 40,278,007 Special Assessments 11 255,000 0 255,000 Miscellaneous 12 10,896,023 0 10,896,023 Other Financing Sources 13 13,090,000 0 13,090,000 Transfers In 14 41,706,846 0 41,706,846 Total Revenues & Other Sources 15 297,990,716 0 297,990,716 EXPENDITURES & OTHER FINANCING USES Public Safety 16 44,832,688 0 44,832,688 Public Works 17 41,569,377 0 41,569,377 Health and Social Services 18 407,651 0 407,651 Culture and Recreation 19 13,822,864 0 13,822,864 Community and Economic Development 20 25,247,197 0 25,247,197 General Government 211 13,382,614 0 13,382,614 Debt Service 22 19,066,712 0 19,066,712 Capital Projects 23 93,382,175 27,530,600 120,912,775 Total Government Activities Expenditures 24 251,711,278 27,530,600 279,241,878 Business Type/Enterprise 25 36,935,353 0 36,935,353 Total Gov Activities & Business Expenditures 26 288,646,631 27,530,600 316,177,231 Transfers Out 271 41,706,846 0 41,706,846 Total Expend itures/Transfers Out 28 330,353,477 27,530,600 357,884,077 Excess Revenues & Other Sources Over Under Expenditures/Transfers Out 29 -32,362,761 -27,530,600 -59,893,361 Beginning Fund Balance July 1, 2025 30 123,583,006 01 123,583,006 Ending Fund Balance June 30, 2026 1 311 91,220,245 -27,530,6001 63,689,645 Explanation of Changes: Budget for TIF projects that were not completed at the end of previous fiscal year 07/15/2025 02:48 PM Paae 1 of 1 Page 27 of 443 CITY OF �TERLOO J IOW. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director July 21, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution re -setting date of public hearing as August 4, 2025, to approve a vacate request by the City of Waterloo to vacate a 20 -foot drainage easement on Lots 4 and 5 of Warp 2nd Addition in the "M -2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The request is to vacate the 20' drainage easement except for the west 60 feet on Lots 4 & 5 of WARP 2nd Addition located at and adjacent to 4050 Leversee Road. Vacating this easement would aid in future development of the above-mentioned lots. However, a drainage easement would be required to be dedicated at the time of development. If and when there is development or expansion, the site plan would be required to show a dedicated drainage easement. NEIGHBORHOOD IMPACT The request to vacate a drainage easement would not appear to have a negative impact on the surrounding neighborhood or land use. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming, and Zoning Commission on June 10, 2025 and notice was sent to all property owners within 250 feet. SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 28 of 443 LEGAL DESCRIPTION The platted 10 -foot drainage easement along the north line of Lot 4, and the platted 10 -foot drainage easement along the south line of Lot 5, all in Waterloo Air and Rail Park 2nd Addition, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS Lots 4 & 5 of WARP 2nd Addition Vacate Page 29 of 443 Vacate Easement adjacent to 4050 Leversee Road PaaS.f 3 Page 30 of 443 June 10, 2025 REQUEST: Request by the City of Waterloo to vacate a 20' drainage easement on Lots 4 & 5 of WARP 2nd Addition in the "M -2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to vacate a drainage easement that is DESCRIPTION: no longer needed. IMPACT ON The request to vacate a drainage easement would not appear to NEIGHBORHOOD & have a negative impact on the surrounding neighborhood or land SURROUNDING use. LAND USE: VEHICULAR & The request to vacate a drainage easement would not appear to PEDESTRIAN have a negative impact on vehicular or pedestrian traffic TRAFFIC movements in the area. CONDITIONS: RELATIONSHIP TO There are no sidewalks or trails along the lots in questions. RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed vacate is zoned "M -2,P" Planned FOR SITE AND Industrial District and has been zoned as such since it was rezoned IMMEDIATE VICINITY: from "A-1 " Agricultural District on September 20, 2010. Surrounding land uses and their zoning designations are as follows: North, East, South, and West — Zoned "M -2,P" Planned Industrial District with the Waterloo Regional Airport, a warehouse, and vacant lots in the immediate vicinity. DEVELOPMENT The warehouse has been there since 2023, and the airport has HISTORY: been around since the early 1940s. BUFFERS/ SCREENING No buffers or additional screening is needed with this request. REQUIRED: DRAINAGE: Vacation of the easement could have a negative effect on drainage, but the future developer would be required to dedicate an easement as a replacement to the current drainage easement vacation. FLOODPLAIN: No portion of the vacate area is located within a floodway or floodplain according to the 2024 FEMA Floodplain Maps. PUBLIC /OPEN The nearest open space is George Wyth State Park located 4.7 SPACES/ SCHOOLS: miles to the south. Vacate Easement adjacent to 4050 Leversee Road PaaS.f 3 Page 30 of 443 June 10, 2025 Picture 1: Looking east from Leversee Road along the vacate area. Picture 2: Looking south toward existing building along 60 -foot north -south easement Vacate Easement adjacent to 4050 Leversee Road Pa29of 3 Page 31 of 443 June 10, 2025 UTILITIES: WATER, There is a 10' wide Utility Easement to the south of the lots in SANITARY SEWER, question and 60' wide Sanitary Sewer, Drainage, & Utility STORM SEWER, ETC Easement to the west of the lots in question along Leversee Road. There is also the 20' wide drainage easement on the lots in question, which is currently being requested to be vacated. RELATIONSHIP TO The Future Land Use Map designates the property as Industrial. COMPREHENSIVE This request is in conformance with the Future Land Use Map. LAND USE PLAN: STAFF ANALYSIS — The request is to vacate the 20' drainage easement except for the ZONING west 60 feet on Lots 4 & 5 of WARP 2nd Addition located at and ORDINANCE: adjacent to 4050 Leversee Road. Vacating this easement would aid in future development of the above-mentioned lots. However, a drainage easement would be required to be dedicated at the time of development. If and when there is development or expansion, the site plan would be required to show a dedicated drainage easement. TECHNICAL REVIEW There was no comments during Tech Review. COMMITTEE: STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: STAFF Therefore, the staff recommends that the request by the City of RECOMMENDATION: Waterloo to vacate a 20' drainage easement on Lots 4 & 5 of WARP 2nd Addition in the "M -2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road, 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 request would be in conformance with the Future Land Use Map. Subject to the following conditions: 1. A drainage easement being required to be dedicated at the time of development and shown in the site plan. Vacate Easement adjacent to 4050 Leversee Road Pa,3Oof 3 Page 32 of 443 City of Waterloo Planning, Programming and Zoning Commission June lO, 2025 M-2, P Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS laser Community U 4050 Leversee Road and adjacent 0 `"R;- fi w 1: ; p 4 Drainage Easement Vacate City of Waterloo J p City of Waterloo Planning, Programming and Zoning Commission January 14, 2025 r► A , 01?.V i 4 — h jm� Ali •*-Vkft4r- w Vacate Area HYPER OR r Sources'. Esn Tow Torn, c: 0.4- ,'�• ' r5:i� >,p.�en5ireetNiaF� Y , . ,omrrsu6iY IN w f. 4o5o Leversee. Road and adjacent Drainage Easement Vacate p* `"art, o 5 • ` City of Waterloo 3 p 3s IV 1'3' � 32 I ! ed In I l Z) - 11, ' •I l u[eYffif7 JUAN tr+x i7nrtnp _! I +j � F y 'mY�S Wr;xrS mo9 ! r ,i em I 1' 3 arms — 3a J fasaus 0" m'mi � re s- � s ig l � � C ir � d O g f , cam. ,4 a m C4F E a I II ¢ j i I Q I 1 l i m 1 C Ii t I — �tiase.ests y— — — — — — — — — ----- ----- --_ _-__- _- _ ---� Q pp _---_ _.----_ - v_ i7ryd 9n1Na dMYr U,w NMI Sl Y o � I � lmarnYrnsunanerow—, �i�i I � I FW-�4i-�ti0k -i Yii�M44-w2�6 �•� ry m�tixwaw a¢ vd ulsrN w9A4 ••ti:9T--�:.—. x M M Page 35 of 443 City of Waterloo Planning & Zoning of w^TF 715 Mulberry Street, Waterloo, Iowa 50703 A0 CITY OF A WATERLOO A. ` f`o (319) 241-4365 �J� p ann ng R Zoning s,..... ❑ Offer to Vacate and Purchase City Right -of -Way �° Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant (Business Name if Applicable:,�1/77/ pF W,41--meo Complete Address: -11' jD_ '�`i S'S ` ov-vj�oi (,+ Phone No.: 3 �ej L4 5 L Email: General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): ZD' ��j[lYPrf ON {�S` AF Lo -r 5 4 A-ov r A-rF—Vwz -A, 2 �vva �f I, wk Ziq. Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation -- One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] Asking price (see attached Sale of Property Policy for how calculated): Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & mist., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: r� Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. PLEASE NOTE: The City of Waterloo will never ask you for electronic payment. We accept checks or cash only. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 3. Easement*: The following easement shall be retained: gr V41 rw W I t.� 1� LY4 DrEN, lra�0 M � rer: Pie rovtde a site plan and/or aerial photo of the area to be vacated if the request involves P�bvj, dition struction as the rea for the request. Applicant Print Name Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 34 Page 36 of 443 CITY OF �TERLOO J IOW. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director July 21, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution setting date of public hearing as August 4, 2025, to approve a rezone request by Malcolm Cleope to rezone approximately 0.27 acres of land from "C-2" Commercial District to "C-2, C -Z" Conditional Zoning District to allow for an aquaculture shrimp farming wholesale business located at 2625 Falls Avenue, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone approximately 0.27 acres of land from "C-2" Commercial District to "C-2, C -Z" Conditional Zoning District to allow an aquaculture shrimp farming wholesale business. The "C-2" Commercial District does allow for pet stores and aquariums, but it was deemed that an aquaculture farming business is a different use, especially considering that it would be a wholesale business operation. The proposed building addition would require a setback variance. On the June 24th, 2025 Board of Adjustment meeting, the board tabled the 3' side yard and 3' rear yard setback variance request to the Board of Adjustment meeting on July 22nd, 2025. NEIGHBORHOOD IMPACT The proposed rezone would not appear to have an impact on the surrounding neighborhood and land use. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming, and Zoning Commission on July 8, 2025 and notice was sent to all property owners within 250 feet. The Commission recommended approval of the request 8-0. SOURCE OF EXPENDITURES N/A Page 37 of 443 ALTERNATIVE ACTION LEGAL DESCRIPTION DOWNING PLACE LOT 5 BLOCK 3 LOT 6 BLOCK 3 ATTACHMENTS 1. 2625 Falls Avenue Rezone Packet Page 38 of 443 July 8, 2025 REQUEST: Request by Malcolm Cleope to rezone approximately 0.27 acres of PEDESTRIAN land from "C-2" Commercial District to "C-2, C -Z" Conditional TRAFFIC Zoning District to allow an aquaculture shrimp farming wholesale CONDITIONS: business located at 2625 Falls Avenue. APPLICANT: Malcolm Cleope, 2625 Falls Avenue, Waterloo, Iowa, 50701. GENERAL The applicant is requesting to rezone approximately 0.27 acres of DESCRIPTION: land from "C-2" Commercial District to "C-2, C -Z" Conditional TRAIL PLAN: Zoning District to allow an aquaculture shrimp farming wholesale ZONING HISTORY business. IMPACT ON The proposed rezone would not appear to have an impact on the NEIGHBORHOOD & surrounding neighborhood and land use. SURROUNDING North, East, South, & West — Commercial and Residential uses LAND USE: zoned "C-2" Commercial District. VEHICULAR & The proposed rezone would not appear to have an impact on PEDESTRIAN vehicular and pedestrian traffic as the rezoning is to accommodate TRAFFIC a wholesale aquaculture shrimp farming business. Therefore, it CONDITIONS: should not impact vehicular or pedestrian congestion since it is not SCREENING: a retail use. RELATIONSHIP TO There are no trails in the immediate vicinity. RECREATIONAL on drainage. TRAIL PLAN: ZONING HISTORY The proposed rezoning area is currently zoned "C-2" Commercial FOR SITE AND District and has been zoned as such since 1969. Surrounding land IMMEDIATE VICINITY: uses and their zoning designations: North, East, South, & West — Commercial and Residential uses zoned "C-2" Commercial District. DEVELOPMENT Residential properties were built as early as 1929 through the HISTORY: 1940s and 1960s. Similarly, commercial uses have been built as early as the 1940s. BUFFERS/ No additional buffering or screening will be required. The proposed SCREENING: area is currently fenced. DRAINAGE: The proposed request would not appear to have a negative impact on drainage. FLOODPLAIN: The area to be rezoned is not in a special flood hazard area as established by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map. PUBLIC /OPEN Fred Becker Elementary School is located 0.7 miles to the SPACES/ SCHOOLS: southwest. Galloway Park is located 0.5 miles to the north. C-2 to C -2,C -Z 2625 Falls Avenue Page 1 of 4 % Page 39 of 443 July 8,2025 1 4 l THE ecomnrne enour Picture 1: Looking at the front of 2625 Falls Avenue. '-' � iixG Gx011P p Picture 2: Looking at front of building. C-2 to C-2,C-Z 2625 Falls Avenue Page 2 of 4 0 Page 40 of 443 July 8,2025 Picture 3: Looking at rear of building along Thorndale Avenue. UTILITIES: WATER, There is 12" water main along Falls Avenue. SANITARY SEWER, STORM SEWER RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Commercial: Medium to High Density Residential; Professional LAND USE PLAN: Offices; Neighborhood Commercial. The intended use would not be in conformance with the Future Land Use Map, hence the rezoning request. STAFF ANALYSIS — The applicant is requesting to rezone approximately 0.27 acres of ZONING land from "C-2" Commercial District to "C-2, C-Z" Conditional ORDINANCE: Zoning District to allow an aquaculture shrimp farming wholesale business. The "C-2" Commercial District does allow for pet stores and aquariums, but it was deemed that an aquaculture farming business is a different use, especially considering that it would be a wholesale business operation. The proposed building addition would require a setback variance. On the June 24th, 2025 Board of Adjustment meeting, the board tabled the 3' side yard and 3' rear yard setback variance request to the Board of Adjustment meeting on July 22nd, 2025. TECHNICAL REVIEW Engineering strongly recommends a building pre-construction COMMITTEE: meeting to coordinate a plan for sewer, stormwater, and other infrastructure prior to construction. Engineering would like to inform C-2 to C-2,C-Z 2625 Falls Avenue Page 3 of 4 9 Page 41 of 443 July 8,2025 the applicant that the limited amount of space, if a setback variance is approved, could lead to potential issues with implementing stormwater detention. Engineering would also recommend that the applicant further discuss their project with Waste Management regarding wastewater. STAFF ANALYSIS — SUBDIVISION The applicant is not proposing to subdivide the property. ORDINANCE: STAFF Therefore, staff recommends the request by Malcolm Cleope to RECOMMENDATION: rezone approximately 0.27 acres of land from "C-2" Commercial District to "C-2, C-Z" Conditional Zoning District to allow an aquaculture shrimp farming wholesale business located at 2625 Falls Avenue 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 request is in conformance with the Comprehensive Plan and Future Land Use Map, which shows this area as Mixed Commercial. C-2 to C-2,C-Z 2625 Falls Avenue Page 4 of 4 10 Page 42 of 443 City of 1 ! Planning, Programming and Zoning Commission July 8, 202,5 I�III 111 ■� ■� �- �= ■ OEM ir ` 1 .� _� 111■ ��. ■ 1■1111 :. 1■ . 1■'= : ���� = � �►►►►1► . � � 11111 11111 ■i ■� = ■ . ' 7rRAC8YD 01 • - .. >_ ■11111■ ��: �■ .� 2625 Falls Avenue 11111 . , Malcolm Cleope a Downing Place Lot 5 Blk 3 Lot 6 Blk 3 The Accounting Group, LLC Falls Ave 281311 sv M Building M 0 Phase 2 t Area C H Garage Phase 1 � Area B 40' 1" 00N Ln I Phase 1 M i Area A I 681411 10 Proposed 3 feet set back Total Area in sq feet for the project Phase 1 Area A-34' 5"x 68'4" = 2312 Phase 1 Area B -24' 1"x 28' 3" = 672 Phase 2 in Orange-28'3"x 41' 3" = 1148 Total Area before the 3 feet step back 4132 Required 20 feet step back from the fence Phase 1 in Yellow- 14' 5"x 48'4" = 672 Phase 1 in Yellow-21' 1" x 8' 3" = 168 Area left after the 20 feet set back 840 Area lost due to set back(4132-840) 3292 Propose area with the 3 feet step back in Gray Phase 1 in Yellow-31' 5"x 65'4" = 2015 Phase 1 in Yellow-21' 1"x 25' 3" = 525 Phase 2 in Orange-25'3"x 39' 3" = 975 Area after the 3 feet step back 3515 13 Page 45 of 443 r - _ r� 6 � M i Aw AL -_ I DOWNING PLACE LOT 51BLK 3 LOT 6 BLK 3 The Accounting Group, LLC—Owner June 9, 2025 City of Waterloo Planning and Zoning 715 Mulberry St Waterloo, IA 50703 1 am writing to request a setback variance for new construction and expansion of my existing building located at 2625 Falls Ave,Waterloo, IA 50701. The proposed addition and expansion to the building are inside our property fence area, outlined as follows: I intend to expand our existing building around the garage, as indicated by the colors in the sketch. For Phase 1 (highlighted in yellow),the expansion would extend from the garage facing Thorndale to the back side along the alley, to the side along the canal facing the parking lot of Community Motors Body shop. The total area under consideration is 4,132 sq.feet(total area Phase 1 and 2),which is all enclosed inside the fence. With the current zoning setback rules, I would lose about 3,292 sq. feet of productive area, leaving only 840 sq. feet for the business. An area of 840 sq.feet would not be economically feasible to even start the business. I am requesting a setback variance of 3 feet along the fence line that borders the property. This setback would position the new addition one yard away inside the fence, facing the alley and the side fence adjacent to the canal. With our proposed set back variance,the area would be 3,515 sq. ft. (Phase 1—2,540 sq.ft. and phase 2-975 sq. ft.) The proposed addition would not obstruct movement in the alley or along the side fence,which is adjacent to a large drainage canal. It would not cause traffic issues or interfere with any existing conditions. Additionally,the expansion would not impact future parking areas. It would barely be seen from Falls Ave. Furthermore,three neighboring property owners have similar setback variances for their buildings: the neighbor across Thorndale, BBS Real Estate Holding (formerly Kuennen's Motors, now Champion Motors), and a large storage rental facility owned by J &S Venture LLC near my building, and Midwest Janitorial on Falls Ave. All of these properties add to positive business growth in the Falls Ave district. Our building is currently used as an office for an Accounting and Tax practice. I am diversifying my business to add an agribusiness of raising shrimp. This is unique and called aquaculture farming. The shrimp are raised in tanks, similar to above-ground swimming pools. They grow for about 3 months,then harvested and sold. The shrimp business would start with 8 "pools", each having a size of 10 x 12. The process uses the RAS system in raising and maintaining the shrimp. RAS, Recirculating Aquaculture System, is a land-based fish farming system that continuously filters and reuses water, allowing for a controlled environment to raise shrimp. This method minimizes water use and helps manage waste, making it a sustainable option compared to traditional aquaculture methods. Waste from the operation is processed as fertilizer for home gardens or sold to local farmers. The proposed project is expected to generate an economic impact of between$150,000 and$275,000 to our local economy. The tanks would not fit if the building size was reduced to 840 sq. ft. (per the zoning ordinance). 15 Page 47 of 443 DOWNING PLACE LOT 5BLK 3 LOT 6 BLK 3 The Accounting Group, LLC—Owner The new construction would be a specialized building designed to replicate, if not perfectly duplicate,the living conditions required for shrimp, including factors such as pH levels, salinity,controlled temperature, and several other critical parameters. This unique facility would be specifically constructed for this purpose and could not be easily replicated in any existing building. Attempting to modify an existing structure to meet the shrimp's living conditions would involve significant renovations and substantial costs for upgrades. The success of shrimp farming using RAS relies significantly on maintaining optimal living conditions for the shrimp. By consistently meeting these conditions, we can promote tasty shrimp, healthy growth and maximum yield,which ultimately results in a more sustainable and profitable shrimp farming operation. After conducting a thorough cost analysis, it has been determined that constructing a new building is the most efficient and effective solution vs buying an existing building. The current size and area are well-suited to accommodate these requirements. Thank you for considering my request. I look forward to your favorable response, Respectfully, Malco Cleope Owner The Accounting Group, LLC 16 Page 48 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer July 21, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving award of bid to BBB FLOW CO. DBA USTDW, of Walford, Iowa, in the amount of $205,950.00, approving the contract, bond and certificate of insurance, in conjunction with the FY 2025 Prefabricated Shelter, Contract No. 1113, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Purchase of fiber but for Waterloo Fiber. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 49 of 443 1. Bid Tabulation FY25 Prefabricated Shelter at 512 University Ave 2. CITY OF WATERLOO SIGNED AFFIDAVIT SIGNED 3. CITY OF WATERLOO EE CLAUSE SIGNED 4. CITY OF WATERLOO BIDDER STATUS FORM SIGNED 5. CITY OF WATERLOO AA SIGNED 6. CITY OF WATERLOO BIDDER QUALIFICATIONS SIGNED 7. CITY OF WATERLOO FORM OF CONTRACT SIGNED 8. CITY OF WATERLOO FORM OF PERFORMANCE, PAYMENT AND MAINTENANCE BOND 9. CITY OF WATERLOO COI Page 50 of 443 FY25 Prefabricated Shelter at 512 University, Cont. No. 1113 Engineer's Estimate $300,000.00 July 3, 2025 Bidder Bid Security Bid Amount EBB FLOW CO, DBA USTDW 5% $205,950.00 NETWORK BUILDING AND CONSULTING, LLC Not Provided $260,968.00 Page 51 of 443 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) ss County of ) being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative,or Agent) ,of EBB FLOW CO. DBA USTDW , the Bidder that has submitted the attached Bid; 2. He is fully-informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid: 4. Neither the said Bidder nor any of its officers,partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder,firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives, owners, employees, or parties in interest,including this affiant. (R� (Signed) ��A C' T— UM4,01L PRESIDENT itle Subscribed and sworn to before me this 2ND day of JULY , 2025 . PRESIDENT Itle My commission expires Page 52 of 443 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors,vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars($10,000.00) annually agree as f o 1 1 o w s 1. The contractors, subcontractor,vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race,color,creed,sex,national origin,economic status,age,mental or physical handicap,political opinions or affiliations. The contractor,subcontractor,vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race,creed,color,sex,national origin,religion,economic status,age,mental or physical disability,political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed,color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers'representative of the contractor's commitment under this section. 4. The contractor, subcontractor,vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor,subcontractor,vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies,procedures,patterns,and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer,for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No.24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor,vendor and supplier of goods and services will include, or incorporate by reference,the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules,regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We,the undersigned,recognize that we are morally and legally committed to non-discrimination in employment.Any person who applies for employment with our company will not be discriminated against because of race,creed,color,sex, national origin, economic status, age,mental or physical disabilities. (Signed) T__ 6e'11'4,on (Appropriate Official) PRESIDENT 7-2-2025 rt c atc Page 53 of 443 Bidder Status Form To be completed by all bidders Part A Please answer"Yes"or"No"for each of the following: 0 Yes ONo My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). 0 Yes ONo My company has an office to transact business in Iowa. 0 Yes ONo My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. 0 Yes0No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. GYes IC)No My company is not a subsidiary of another business entity, or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes"for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No"to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: 12-1 /20 _/20 to CURRENT OFFIQI Address: 725 6th Street North City, State, Zip: Walford, IA 52351 Dates:-/-/ to CURRENT SHOP LOCATION Address: 1650 Commercial Drive Unit 205 City, State, Zip: Walford, IA 52351 Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? 0 Yes 0No 3. If you answered "Yes"to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: (Eric R. Benson Signature: f�t c, R- (�vtn 4.,on Date: 7-2-2025 Page 54 of 443 You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Page 55 of 443 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. 0 Yes ONo My business is currently registered as a contractor with the Iowa Division of Labor. 0 Yes ()No My business is a sole proprietorship, and I am an Iowa resident for Iowa income tax purposes. 0 Yes()No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. 0 Yes 0 No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. 0 Yes 0 No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. Yes()No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. Yes No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. 0 Yes No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state and has not filed a statement of termination. 0 Yes 0 No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. 0 Yes No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. 0 Yes()No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) Page 56 of 443 Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor I. Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company EB13 t7LOL-21 I ->• OBA UMO Address of Company 725 (,r1} 51'N UAF601,1A Zip 523SI Telephone Number( 314 ) 341- 31•Z7 Federal ID Number(if no Federal ID Number, Owner/President's Social Security Number) 2-'7- 41cl3L33 Name of Equal Employment Officer QA Name of Project Project ContractNumber Estimated Construction Work Dates / Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number ( Subcontractor's Federal ID Number(if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer AFFIRMATIVE ACTION PROGRAM Page 1 of 8 Page 57 of 443 A. Remainder of program to be completed by party completing program,either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II, EMPLOYER'S POLICY (Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination,and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading,promotion,and transfer. However,we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will he required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E. will give training (NameofCom pan y) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. AFFIRMATIVE ACTION PROGRAM Page 2 of 8 Page 58 of 443 EII. AFFIRMATIVE ACTION A. recognizes that the effective application of a policy of (Name of Company) merit employment involves more than just a policy statement,and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. S. will undertake the following six(5)steps to improve (Name of Company) our Affirmative Action Program: 1 , Minority Recruitment and Employment; 2. Local Recruitment and Employment, 3. Disabled Veteran and Vietnam Era Veteran Recruitment an(i Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. will take whatever steps are necessary to (Name of Company) ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media(newspapers, radio,T V); 2. Community organizations(churches, clubs,schools); 3. Public and private institutions in the area(UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. D. will seekual� ified minority, female, and local group applicants (Name of Company) for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program, F. Training,upgrading,promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. will encourage other companies, with whom we are (Name of Company) associated and/or do business,to do the same and we will assist them in their efforts. AFFIRMATIVE ACTION PROGRAM Page 3 of S Page 59 of 443 K has taken the following Affirmative Action to ensure that (Name of Company) minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write "NONE'l 1. 2. 1. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none. write "NONE") 1. 2. J. will require approved Affirmative Action Programs from (Name of Company) all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate representation of minority, female and local persons in their total work force, K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of specific actions re I at i v e to (Name of Company) recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same,including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity = .08(8%) N. (Name of Company) Affirmative Action Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 20 , please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. *Goals for Minorities: % Goals for Women: % *Your affirmative action goals should be between I% and 10%or more for minorities and I% and 5% or more for women. AFFIRMATIVE ACTION PROGRAM Page 4 of 8 Page 60 of 443 Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 20 . Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No, 1984- 142(4). CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) HOURLY NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H AFFIRMATIVE ACTION PROGRAM Page 5 of 8 Page 61 of 443 We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive 7-2-2025 Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: AFFIRMATIVE ACTION PROGRAM Page 6 of 8 Page 62 of 443 17FSCRIPTIOW tar 308 CATFCrORIEs 1. (Z,cial 8dADa=:Occupations in which employees set broad policies,exercise overall responsibility for execution of all policies,or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional,district or area basis. Includes; department heads,bureau chiefs,division chiefs,directors,deputy directors,controliers,examiners, wardens,superintendents,unit supervisors,sheriffs,police and fire chiefs and inspectors and kindred workers. 2. Professionals:Occupations,which require specialized and theoretical knowledge,which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes; personnel and labor relations workers, social workers, doctors, psychologists, registered nurses,economists,dietitians,lawyers,system analysts,accountants,engineers,employment and vocational rehabilitation counselors.teachers or instructors, police and fire captains and lieutenants and kindred workers. 1 Technicians: Occupations, which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post-secondary school education and through equivalent on-the job training.Includes:computer programmers and operations,draftspersons,surveyors, licensed practical nurses,photographs,radio operators,technical illustrators,police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication,recording and retrieval of data and/or information and other paper work required in an office.Includes:hookkeepers,messengers, office machine operators,clerk typists,stenographers,court transcribers,hearing reporters,statistical clerks, dispatchers,license distributors,payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform,lobs, which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work, which is acquired through on-the-job training programs.Includes:Mechanics and repairmen,electricians,heavy equipment operators,stationary engineers.skilled machine occupations,carpenters,compositors and typesetters and kindred w o r ers. 6. Sales Workers:Occupations engaging wholly and primarily in direct selling.Includes:advertising agents and salesmen, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators,salesmen and sales clerks,grocery clerks and cashier checkers,and kindred workers. 7• - :Workers who operate machine or processing equipment or perform other factory- typeduties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades, metal working trades, bricklayers, carpenters,electricians,machinists,mechanics,printing trades,etc.,operatives,attendants(auto service and parking), plasterers, chauffeurs,deliverymen and furnacemen, heaters(metal). laundry and dry cleaning operatives,milliners,trine operatives and laborers,motormen.oilers and greasers,(except auto painters), (except construction and maintenance),photographic process workers,stationary fireman,truck and tractor drivers.weavers,(textile),welders and flame cutters and kindred workers. 8. Laborers lunskiIled):Workers in manual occupations,which generally require no special training.Perform elementary duties that may be learned in few days and require the application of little or no independent judgment.Includes:garage laborers,car washers and greasers,gardeners(except farm)and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifting, digging,m ix ing,Ioad ing and pitI Iing operations and k ndred workers. AFFIRMATIVE ACTION PROGRAM Page 7 orb Page 63 of 443 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the job): Production. . . persons in formal training for craftsmen when not trained under apprentice programs--operative laborer, and service occupations. White Collar. . . persons engaged in formal training for clerical, managerial, professional, technical, sales, office and clerical occupations. AFFIRMATIVE ACTION PROGRAM Page 8 of 8 Page 64 of 443 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered, and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. EBB FLOW CO.DBA USTDW 2. Permanent main office address. 725 6TH STREET N.,WALFORD, IOWA 52351 3. When organized. 2010 4. If a corporation, when incorporated. 2010 5. How many years have you been engaged in the contracting business under your present firm or trade name? 15 YEARS 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) NEIT-SEVERAL SITE BUILDS AND MAINTENANCE WORK,ON-GOING UNDERGROUND FOR IMON&WINTON 7. General character of work performed by your company. WE PROVIDE SURPLUS SHELTERS,GENERATORS,FULL CIVIL SITE BUILDOUTS,MAINTENANCE AND UNDERGROUND BORE WORK 8. Have you ever failed to complete any work awarded to you? If so, where and why? NO 9. Have you ever defaulted on a contract? If so, where and why? NO 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. NEIT, IMON, IVINTON,PRAYZ NETWORKS,ALLO-A MIX OF SHELTER REBUILDS,FULL SITE BUILDS AND UNDERGROUND WORK 11. List your major equipment available for this contract. WE HAVE A BORE RIG, EXCAVATOR,DITCHWITCH VAC,TRAILERS,TRUCKS AND STAGING SHOP IN WALFORD, IOWA 12. Experience in construction work similar in importance to this project. INDUSTRY BACKGROUND SINCE 2003 13. Background and experience of the principal members of your organization, including the officers. IN THE TELECOM INDUSTRY SINCE 1995 14. Credit available: $ 15. Give bank reference: FAIRFAX STATE SAVINGS BANK FAIRFAX, IOWA-PATTI LOPATA 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? YES 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. YES STATEMENT OF BIDDERS QUALIFICATIONS Page 1 of 2 Page 65 of 443 Dated at 11:21AM ,this 2ND day of JULY , 20_ 2025 . &i.c,, R. 6uw o-n, (Name of Bidder) By: Eric R.Benson Title: President State of ) ss: County of ) being duly sworn deposes and says that he is of and that the answers to the (Name of Organization) to the foregoing questions and all statements therein contained are true and correct. Signature Subscribed and sworn to before me this day of , 20 Notary Public My commission expires , STATEMENT OF BIDDERS QUALIFICATIONS Page 2 of 2 Page 66 of 443 FORM OF CONTRACT FOR THE CONSTRUCTION OF F.Y.2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE CITY OF WATERLOO,IOWA CONTRACT NO.1113 This contract made and entered into this day of .20 by and between the City of Waterloo,Iowa. a Municipal Corporation,(hereinafter referred to as City),and of, (hereinafter referred to as Contractor),WITNESSETH: PAR.I Contractor agrees to build and construct the F.Y.2025 PREFABRICATED SHELTER AT 512 UNIVERSITY AVE and furnish all necessary tools.equipment,materials and labor necessary to do all the work called for in the plans and specifications in a workmanship like manner and for the prices set forth in Contractors proposal,which was accepted by the City,and which is understood and agreed to be a part of this contract. PAR 2 The term"Contract"means and includes the following A. Notice of Public Hearing B. Notice to Bidders C. Instructions to Bidders D. Proposal E. Bid Bond F. Contract G. Performance Band H. Payment Bond I. Maintenance Bond J. General Specircations for Construction K. Notice to Proceed L. Conceptual Shelter Layout M. Equipment Rack Elevations N. Estimated Power and Cooling Specifications Q. Site Location P Prefabrication s Data Center Bid Specs It is expressly understood and agreed that in addition to the documents listed above,the Contract Includes any engineering data which may be furnished by the Contractor and approved by the City, together with such additional Drawings which may be furnished by the Engineer from lime to Sime as are necessary to make clear and to define in greater detail the intent of the Plans and Specifications. FORM OF CONTRACT Page 1 of d Page 67 of 443 That several parts of the Contract are complementary, and what Is called for by any one shall be as binding as if called for by all. The intention of the Contract is to include the furnishing of all materials, labor, tools, equipment and supplies necessary for completion of the contract obligations. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. In the event of a conflict between any of the contract documents, the Contractor is to provide the greater quantity and/or better quality, unless otherwise directed in writing by the City or Engineer. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out i n bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of"Notice to Proceed" and complete it on or before January 7. 2026 , unless an extension of time is granted in writing by the Council of the City. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of one thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the authorized time. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness,to see that the backfilling is properly done, and agrees to keep the FORM OF CONTRACT Page 2 of 4 Page 68 of 443 City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer, PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council and is by reference made a part ofthis contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10)days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Bidders,the amount of money due the Contractor for work performed and accepted, at the lump sum set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT Page 3 of 4 Page 69 of 443 PAR. 16 The total amount of the contract, based on the Contractor's proposed lump sum, and for which 100% surety bond is required is$ PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100%of the total amount of the contract, same to be known as"Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2)years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2)years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four(4)and not less than three(3)months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2)years after the acceptance of the work. CITY OF WATERLOO, IOWA Iviayor City Clerk (� &,i.C, Re UQ,n4,g7ti Contractor BY: ERIC R.BENSON Title: PRESIDENT Approved by the City Council of the City of Waterloo,Iowa, this day of , 20 ATTEST: City Clerk Waterloo, Iowa FORM OF CONTRACT Page 4 of 4 Page 70 of 443 SURETY BOND NO. 7482442 PERFORMANCE,PAYMENT,AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, EBB FLOW CO. DBA USTDW as Principal (hereinafter the "Contractor" or "Principal" and Old Re ub as Surety are held and firrnly bound unto Qy of Waterloo , as Obligee(hereinafter referred to as"the Jurisdiction"),and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of One Hundred Ninety Nine Thousand Nine Hundred Fifty and 00/100 dollars($ $199.950 ),lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns,jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction,bearing date the day of ,hereinafter the"Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: F.Y. 2025 PREFABRICATED SHELTER AT 512 UNI VERSITY A VE, CONTRACT NO. 1113 The City of Waterloo(Owner)is seeking bids from contractors who can supply and install a prefabricated concrete communication shelter that will securely house the network equipment,power systems,and supporting environmental components required to operate the Waterloo Fiber FTTU network for the Owner(the Project). The shelter will be located at 512 University Ave, Waterloo,IA 50701 (See Attachment D—Site Location). Page 71 of 443 (CON'T—PERFORMANCE,PAYMENT,AND MAINTENANCE BOND) and to faithfully perfonn all the terms and requirements of said Contract within the time therein specified,in a good and workmanlike manner,and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety,to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents,by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors,and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery,equipment, and tools,consumed or used by the Contractor or any subcontractor,wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement,but the Contractor and Surety shall not be liable to said persons, firms,or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code,which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree,at their own expense: A. To remedy any and all defects that may develop in or result from all work except new paving to be performed under the Contract within the period of two year(s)from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work;and B. To remedy any and all defects that may develop in or result from !Igw Rgyin .work to be performed under the Contract within the period of two year(s)from the date of acceptance of the work under the Contract,by reason of defects in workmanship or materials used in construction of said work; C. To keep all work in continuous good repair;and D. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. E. Maintenance bond requirements shall not apply to the following: work that is not permanently incorporated into the project, pavement markings, seeding, sodding, and plant material and planting. Page 72 of 443 (CON'T— PERFORMANCE,PAYMENT,AND MAINTENANCE BOND) 4. GENERAL: Every Surety on this Bond shall be deemed and held bound,any contract to the contrary notwithstanding,to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond,provided that all such changes do not,in the aggregate,involve an increase of more than 20%of the total contract price,and that this bond shall then be released as to such excess increase;and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed,whether completed within the specified contract period,within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than five years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein,the phrase"all outlay and expense"is not to be limited in any way but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest,benefits,and overhead where applicable. Accordingly,"all outlay and expense"would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys' fees (including overhead expenses of the Jurisdiction's staff attorneys),and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled,and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond,the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense,provided that the Surety's obligation under this bond shall not exceed 125%of the penal sum of this bond. Page 73 of 443 (CON'T—PERFORMANCE,PAYMENT AND MAINTENANCE BOND) In the event that any actions or proceedings are initiated regarding this Bond,the parties agree that the venue thereof shall be Black Hawk County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree,jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights,powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s)or not. NOW THEREFORE,the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal,as set forth and provided in the Contract,in the Contract Documents,and in this Bond,then this obligation shall be null and void,otherwise it shall remain in full force and effect. When a word,term,or phrase is used in this Bond,it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents,it shall be interpreted or construed as defined in applicable provisions of the Iowa Code;third,if not defined in the Iowa Code,it shall be interpreted or construed according to its generally accepted meaning in the construction industry;and fourth,if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Page 74 of 443 Project No. 1113 (CON'T—PERFORMANCE,PAYMENT,AND MAINTENANCE BOND) PRINCIPAL: SURETY: EBB FLOW CO. DBA USTDW Old Republic Surety Company Contractor Surety Company c � By By g `°"'"""F a M Signature Signature Attomey-in-Fact Officer SEAL r Lukas Schroder Title Printed Name of Attomey-in-Fact Officer FORM APPROVED BY: TrueNorth Companies Company Name 500 1st Street SE Attorney for Jurisdiction Company Address Cedar Rapids, IA_52401 City,State,Zip Code (319) 364-5193 Company Telephone Number NOTE: 1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies,facsimile,or electronic signatures will not be accepted. 2. This bond must be sealed with the Surety's raised,embossing seal. 3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised,embossing seal. 4. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. 4901-7335-7110-1124268-004 Page 75 of 443 * QLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: ROBERT L.KOLLSMITH,TIMOTHY J.FOLEY,JASON D.SMITH,JAMES M.SMITH,LUKAS SCHRODER,LAURI A.MENEOUGH,DORA STEVENS,KURT E.FELLEF r�i ANN SAMUELSON,DEBORAH KLING,MASON STICKNEY,CHRISTINE RITCHIE of CEDAR RAPIDS,IA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds),as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings,recognizances,and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary, and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 10th day of June 2024 v 5URF".,,- OLD REPUBLIC SURETY COMPANY G, GORPo-Ar, G o' SEAL;,S_ _ lea,_ Y Assl an SecretaPresident i,*,•.Ilyl� STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this 10th day of June 2024 personally came before me, Alan Ppvlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn,did severally depose and say:that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. Notary Public My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force- �L sum ry do .. •rp�rcru r� PD 40-5006 -r SEAL i-. Signed and sealed at the City of Brookfield,WI this day of 2025 a9 C ! _ lae ORSC 22262(3-06) Assis. .Il Secreta TRUENORTH COMPANIES, L.C. Page 76 of 443 77/2/2025 E(MM/DDYYY) ACS" CERTIFICATE OF LIABILITY INSURANCEIY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: TrueNorth Companies, L.C. PHONE FAX 500 1 st St SE AIC No Ext): 319-366-2723 AIC No):319-862-0612 Cedar Rapids IA 52401 ADDRESS: certs@truenorthcompani'es.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:ACUITY A Mutual Insurance Company 14184 INSURED EBBFLOW-01 INSURER B: EBB Flow Co 725 6th Street N INSURER C: PO Box 365 INSURER D: Walford IA 52351 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:506518459 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY Y Y ZP7117 12/1/2024 12/1/2025 EACH OCCURRENCE $1,000,000 Fv� DAMAGE TO CLAIMS-MADE OCCUR PREMISES a oNcur RENTED $250,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY jE LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y ZP7117 12/1/2024 12/1/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �( NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR ZP7117 12/1/2024 12/1/2025 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED RETENTION$ $ A WORKERS COMPENSATION ZP7117 12/1/2024 12/1/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? Y NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) If Yes is indicated above for additional insured forms Gen Liability#CG2033 6/13(premises),#CG7277 6/13(completed operations)#CG2001 4/13 (Primary/Noncontributory),Auto Liability#CA7211 10/98 applies. If Yes is indicated above for waiver of subrogation forms Gen Liability#CG7301 12/19, Auto Liability#CA7247 10/16 and WC#WC000313 04/84 applies.Coverage is extended for work performed and required under written contract with the above named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Waterloo 620 Mulberry Street AUTHORIZED REPRESENTATIVE Waterloo IA 50703 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 77 of 443 BLANKET ADDITIONAL INSURED CA-7211(10-98) This endorsement modifies insurance provided under tificate of insurance showing that person or organiza- the following: tion as additional insured has been issued. BUSINESS AUTO COVERAGE FORM 2. The insurance provided by this endorsement ap- GARAGE COVERAGE FORM plies only with respect to liability arising out of oper- MOTOR CARRIER COVERAGE FORM ations performed for the additional insured by you. 1. Who Is an Insured under Section II - Liability 3. The Limits of Insurance applicable to the addi- Coverage is amended to include any person or or- tional insured are those specified in the written con- ganization you are required to add as an additional tract or agreement or in the Declarations for this insured on this policy under a written contract or Coverage Form, whichever is less. These Limits of agreement currently in effect or becoming effective Insurance are inclusive and not in addition to the during the term of the policy, provided that a cer- Limits of Insurance shown in the Declarations. CA-7211(10-98) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pa 1 o 718 of 443 ACUITY ENHANCEMENTS - BUSINESS AUTO CA-7247(10-16) This endorsement modifies insurance provided under D. Fellow Employee Coverage the following: The Fellow Employee Exclusion contained in BUSINESS AUTO COVERAGE FORM Section II - Liability Coverage does not apply. MOTOR CARRIER COVERAGE FORM E. Towing for Covered Autos after Covered A. Temporary Substitute Vehicle Physical Dam- Losses age The following is added to paragraph A4 Cov- The following is added to item C Certain Trail- erage Extensions of Section III - Physical Dam- ers, Mobile Equipment and Temporary Substi- age Coverage in the Business Auto Coverage tute Autos under Section I - Covered Autos: Form and to paragraph - A4 Coverage Exten- If Physical Damage Coverage is provided by sion under Section IV - Physical Damage Cov- this Coverage Form, any auto you do not own erage in the Motor Carrier Coverage Form and while used with permission of its owner as a the Towing Coverage endorsement, if it applies temporary substitute for a covered auto you own to your policy: that is out of service because of its breakdown, If a covered loss to a covered auto renders the repair, servicing, loss or destruction is a covered vehicle undriveable, we will pay for reasonable auto for Physical Damage Coverage. and necessary costs to tow the vehicle to the B. Who Is an Insured nearest service or salvage facility. This cov- erage only applies to a covered auto insured for The following are added to Who Is an Insured Comprehensive or Collision coverage. Such under Section II - Liability Coverage: payments will not reduce the limits of insurance 1. Newly Acquired Organizations described in C Limit of Insurance. Any organization you newly acquire or form, F. Transportation Expenses other than a partnership, joint venture or The Transportation Expenses Coverage Exten- limited liability company, and over which you sion is replaced by the following: maintain ownership or majority interest, will qualify as a Named Insured if there is no We will also pay up to $75 per day to a other similar insurance available to that maximum of$1,500 for temporary transportation organization. However: expense incurred by you because of the total theft of a covered auto of the private passenger a. Coverage under this provision is afford- or light truck type. We will pay only for those ed only until the 180th day after you covered autos for which you carry either acquire or form the organization or the Comprehensive or Specified Causes of Loss end of the policy period, whichever is Coverage. We will pay for temporary transport- earlier; ation expenses incurred during the period b. This coverage does not apply to bodily beginning 48 hours after the theft and ending, injury or property damage that occurred regardless of the policy's expiration, when the before you acquired or formed the or- covered auto is returned to use or we pay for its ganization; loss. c. No person or organization is an insured G. Increased Sub-limit for Audio, Visual and with respect to the conduct of any cur- Data Electronic Equipment Coverage rent or past partnership, joint venture or The sub-limit shown in paragraph C2 of the Limit limited liability company that is not of Insurance Provision of Section III - Physical shown as a Named Insured in the Dec- Damage Coverage in the Business Auto Cov- larations. erage Form is increased to $3,000. 2. Employees as Insureds H. The following are added to Coverage Extensions Any employee of yours is an insured while under Section III - Physical Damage Coverage using a covered auto you do not own, hire or in the Business Auto Coverage Form and to borrow in your business or your personal Section IV - Physical Damage Coverage in the affairs. Motor Carrier Coverage Form: C. Increased Supplementary Payments 1. Accidental Airbag Discharge 1. The limit shown in paragraph A2a(2) of We will pay to replace an airbag that de- Section II - Liability Coverage is increased to ploys without the car being involved in an $3,000. accident. This coverage applies only to a 2. The limit shown in paragraph A2a(4) of covered auto which you own. Section II - Liability Coverage is increased to 2. Loan/Lease Gap Coverage $300. In the event of a total loss to a covered auto of the private passenger or light truck CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PaI o h of 443 type, we will pay any unpaid amount due on with the lesser of the following number the lease or loan, less: of days: a. The amount paid under the Physical (1) The number of days reasonably re- Damage Coverage Section of the poli- quired to repair or replace the cov- cy; and ered auto. If loss is caused by theft, b. Any: this number of days is added to the number of days it takes to locate the (1) Overdue lease/loan payments at the covered auto and return it to you. time of the loss; (2) 30 days. (2) Financial penalties imposed under a lease for excessive use, abnormal d. Our payment is limited to the lesser of wear and tear or high mileage; the following amounts: (3) Security deposits not returned by (1) Necessary and actual expenses in- the lessor; curred. (4) Costs for extended warranties, (2) $75 per day to a maximum of Credit Life Insurance, Health, Ac- $1,500. cident or Disability Insurance pur- e. This coverage does not apply while chased with the loan or lease; and there are spare or reserve autos avail- (5) Carry-over balances from previous able to you for your operations. loans or leases. f. If loss results from the total theft of a 3. Hired Auto Physical Damage Coverage covered auto to which this extension If hired autos are covered autos for Liability applies, we will pay under this coverage Coverage, that amount of your rental reim- Coverage, then the Physical Damage Cov- bursement expenses which is not al- for provided under this Coverage Form ready provided for under the Physical for any auto you own are extended to autos Damage Coverage Extensions. of the private passenger or light truck type which you lease, hire, rent or borrow for a g. The Rental Reimbursement Coverage period of 30 days or less, subject to the described above does not apply to a following limit. covered auto that is described or The most we will pay under this extension is designated as a covered auto on Rental Reimbursement Coverage Form the lesser of the actual cash value, the cost CA-9923F. of repair or $50,000, minus a deductible. The deductible will be equal to the largest 5. Fire Department Service Charge deductible applicable to any owned auto of When the fire department is called to save the private passenger or light truck type for or protect a covered auto, its equipment, its that coverage. Subject to the above limit, contents, or occupants from a covered loss, deductible and excess provisions, we will we will pay up to $1,000 for your liability for provide coverage equal to the broadest fire department service charges: coverage applicable to any covered auto you a. Assumed by contract or agreement prior own of the private passenger or light truck to loss; or type. 4. Rental Reimbursement Coverage for Pri- vate Passenger Vehicles or Light Trucks No deductible applies to this additional cov- a. This coverage applies only to a covered erage. auto of the private passenger or light 6. Fire Extinguisher Recharge truck type. We will pay the actual cost of recharging or b. We will pay for rental reimbursement replacing, whichever is less, fire extinguish- expenses incurred by you for the rental ers kept in your covered auto that are inten- of an auto because of a covered loss to tionally discharged in an attempt to extin- an auto to which this extension applies. guish a fire. Payment applies in addition to the oth- 7. Rental Reimbursement, Business Income erwise applicable amount of each cov- and Extra Expense Coverage erage you have on a covered auto. No Limits deductibles apply to this coverage. c. We will pay only for those expenses The most we will pay for all loss for each incurred during the policy period begin- covered auto involved in any one accident ning 24 hours after the loss and ending, for Rental Reimbursement, Business Income regardless of the policy's expiration, and Extra Expense combined is $10,000. CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pa2 o 8b of 443 Coverage make under any other coverages listed a. Rental Reimbursement Coverage in extension 7. (1) We will pay for expenses incurred b. No other deductible applies to these by you during the period of coverages. restoration for the rental of an auto c. We will not pay under these coverages if made necessary because of a you do not repair or replace the cov- covered loss to a covered auto used ered auto. in your business. The loss must be d. You must resume all or part of your caused by a cause of loss covered business as quickly as possible. under item Al of Physical Damage e. If you have other autos you can use to Coverage in this Coverage Part. reduce the amount of loss payable un- (2) This Rental Reimbursement Cover- der these coverages, you are required to age does not apply to a covered use them. auto of the private passenger or f. We will not pay for loss or expenses light truck type because coverage caused by suspension, lapse or can- for these vehicles is provided in cellation of any license, lease or con- item 4 of this endorsement. tract. But if the suspension, lapse or b. Business Income and Extra Expense cancellation is directly caused by the Coverage suspension of your business, we will (1) Business Income Coverage cover such loss that affects your busi- (a) Actual Loss Sustained Cover- ness income. age - We will pay the actual g. We will pay for expenses you incur to loss of business income reduce the amount that would otherwise sustained by you as the result have been payable under this coverage. of the necessary suspension of We will not pay more than the amount your business during the period by which you actually reduce the busi- of restoration due to a loss to a ness income loss or extra expense in- covered auto used in your curred. business. The loss must be 8. Fuel in Vehicle Coverage caused by a cause of loss covered under item Al of We will also pay, with respect to a covered Physical Damage Coverage in loss, the actual loss sustained for the loss to this Coverage Part. the fuel used to operate your vehicle but only with respect to a covered auto. You (b) Specified Amount per Day must provide documentation supporting your Coverage - At your option, we claim for damages. will pay up to $250 per day for a maximum of seven days Deductible during the period of restoration A deductible applies to this coverage. Refer for income loss. The loss must to paragraph N Deductible Applicable to Fuel be caused by a cause of loss in Vehicle, Miscellaneous Equipment Used covered under item Al of With Covered Vehicle Coverages, and Physical Damage Coverage in Electronic Logging Devices or Electronic this Coverage Part. On-Board Recorders Coverages. (2) Extra Expense Coverage 9. Miscellaneous Equipment Used With We will pay the necessary and rea- Covered Vehicle Coverage sonable extra expenses that you in- We will also pay, with respect to a covered cur during the period of restoration loss, the actual cash value, repair cost or that you would not have incurred replacement cost, whichever is less, for loss had there been no loss to a covered to your miscellaneous equipment but only auto used in your business. The loss with respect to a covered auto. must be caused by a cause of loss Exclusions covered under item Al of Physical Damage Coverage in this Coverage We will not pay for loss caused by: Part. a. Theft, unless there are visible signs or Conditions marks of forcible entry into the covered auto and the theft is reported to law a. Any payment for Business Income made enforcement authorities; or under Specified Amount per Day Coverage reduces the payment we b. Mysterious disappearance. CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pa3 o 851 of 443 Deductible J. Knowledge of Claim or Suit A deductible applies to this coverage. Refer The following is added to the Duties in the to paragraph N Deductible Applicable to Fuel Event of Accident, Claim, Suit or Loss Con- in Vehicle, Miscellaneous Equipment Used dition: With Covered Vehicle Coverages, and Electronic Logging Devices or Electronic Knowledge of an accident, claim, suit or loss by On-Board Recorders Coverages. an agent or employee of any insured shall not in 10.Electronic Logging Devices or Electronic itself constitute knowledge of the insured unless gg g your partners, executive officers, directors, On-Board Recorders managers, members or a person who has been We will also pay, with respect to a covered designated by them to receive reports of loss, up to $3,000 for the actual loss sus- accidents, claims, suits or loss shall have re- tained to an electronic on-board recorder or ceived such notice from the agent or employee. electronic logging device permanently in- K. Waiver of Subrogation for Written Contracts stalled in the auto but only with respect to a covered auto. The following is added to the Transfer of Rights Deductible of Recovery Against Others to Us Condition: A deductible applies to this coverage. Refer We waive any right of recovery we may have to paragraph N Deductible Applicable to Fuel against a person or organization because of in Vehicle, Miscellaneous Equipment Used payments we make for bodily injury or property With Covered Vehicle Coverages, and damage arising out of your use of a covered Electronic Logging Devices or Electronic auto which occurs while under a contract with gg g that person or organization. The waiver applies information.On Recorders Coverages for further only to a person or organization with whom you have a written contract or agreement requiring I. Deductible Provision you to waive the right of recovery under this Paragraph D, Deductible of Section III - Phys- policy. The written contract or agreement must ical Damage Coverage in the Business Auto have been executed prior to the accident caus- Coverage Form and paragraph D, Deductible of ing bodily injury or property damage. Section IV - Physical Damage Coverage in the L. Worldwide Coverage Territory for Hired Motor Carrier Coverage Form are replaced by Autos the following: The following is added to paragraph B7 of Sec- 1. For each covered auto, our obligation to pay tion IV - Business Auto Conditions in the Busi- for, repair, return or replace damaged or ness Auto Coverage Form and to paragraph B7 stolen property will be reduced by the of Section V - Motor Carrier Conditions in the applicable deductible shown in the Declara- Motor Carrier Coverage Form: tions. Any Comprehensive Coverage de- ductible shown in the Declarations does not With respect to autos hired for 30 days or less, apply to loss caused by fire or lightning. the coverage territory is extended to include all parts of the world if the insured's responsibility 2. For combinations of tractor, truck, semi- to pay damages is determined in a suit in the trailer or trailers when attached together by United States of America (including its territor- coupling devices at the time of loss, one ies and possessions), Puerto Rico or Canada or deductible will apply. in a settlement we agree to. a. If more than one auto of the combina- M. Mental Anguish Coverage tion is damaged or stolen, the largest applicable deductible shown in the Dec- The Definition of bodily injury is amended to larations will apply. include mental anguish. b. If only one auto of the combination is N. Deductible Applicable to Fuel in Vehicle, damaged or stolen, the deductible Miscellaneous Equipment Used With Cov- shown in the Declarations for that auto ered Vehicle Coverages and Electronic Log- will apply. ging Devices or Electronic On-Board Re- corders 3. The deductibles will not apply to loss caused by a collision of a covered auto with any 1. If loss to property covered by these exten- other auto insured by us. sions is the result of a loss to the covered auto under this Coverage Form's Compre- 4. If the insured chooses to have a damaged hensive or Collision Coverage, then for each windshield or other glass repaired instead of covered auto our obligation to pay for, replaced, no deductible will apply to the loss. repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pa4 of of 443 Comprehensive Coverage deductible shown 4. "Miscellaneous equipment" means hand in the Declarations does not apply to loss to trucks, dollies, pallets, pads, covers, bind- property covered by an extension caused by ers, tarps, tie-downs, chains and other simi- fire or lightning. lar equipment used in the handling of prop- 2. If loss to property covered by these exten- erty being transported. sions is the result of a loss to the covered 5. "Period of restoration" means the period of auto under this Coverage Form's Specified time that: Causes of Loss Coverage, then for each a. Begins: covered auto our obligation to pay for, repair, return or replace damaged or stolen (1) Twenty-four hours after the time of property will be reduced by a $100 loss for Rental Reimbursement Cov- deductible. erage or Business Income Cov- 3. In the event that there is more than one erage; or applicable deductible, only the highest de- (2) Immediately after the time of loss ductible will apply. In no event will more than for Extra Expense Coverage; and one deductible apply. b. Ends at the earliest of: O. Coverage Extensions Definitions (1) The time required to resume your 1. "Business income" means the: normal business operations; or a. Net income (Net profit or loss before (2) The time that is reasonably nec- income taxes) that would have been essary to repair or replace the cov- earned or incurred if no loss would have ered auto. occurred; and Period of restoration does not include any b. Continuing normal operating expenses increased period required due to the en- incurred, including payroll. forcement of any ordinance or law that re- quires any insured or others to test for, t. "Extra expense" p y monitor, clean up, remove, contain, treat, incur to avoid or minimize the suspension of detoxify or neutralize or in any way respond business and to continue your business op- to or assess the effects of pollutants. erations. The expiration date of this policy will not cut 3. "Light truck" means a truck with a gross short the period of restoration. vehicle weight of 10,000 pounds or less. CA-7247(10-16) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pa5 o 6 of 443 PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION CG-2001 R(4-13) This endorsement modifies insurance provided under This insurance is primary to and will not seek con- the following: tribution from any other insurance available to an COMMERCIAL GENERAL LIABILITY COVERAGE PART additional insured under your policy provided that: PRODUCTS-COMPLETED OPERATIONS LIABILITY COV- (1) The additional insured is a Named Insured un- ERAGE FORM der such other insurance; and RESIDENTIAL CARE FACILITY LIABILITY COVERAGE (2) You have agreed in writing in a contract or PART The following is added to the Other Insurance Con- agreement that this insurance would be primary dition and supersedes any provision to the contrary: and would not seek contribution from any other insurance available to the additional insured. Primary And Noncontributory Insurance CG-2001 R(4-13) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pa1 o 814 of 443 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTO- CG-2033R(6-13) MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under (1) The preparing, approving or failing to the following: prepare or approve maps, shop draw- COMMERCIAL GENERAL LIABILITY COVERAGE PART ings, opinions, reports, surveys, field 1. Section II - Who Is An Insured is amended to orders, change orders or drawings and include as an additional insured: specifications; or (2) Supervisory, inspection, architectural or a. Any person or organization for whom you engineering activities. are performing operations when you and This exclusion applies even if the claims against such person or organization have agreed in any insured allege negligence or other writing in a contract or agreement that such wrongdoing in the supervision, hiring, employ- person or organization be added as an ad- ment, training or monitoring of others by that ditional insured on your policy; and insured, if the occurrence which caused the b. Any other person or organization you are bodily injury or property damage involved the required to add as an additional insured rendering of or the failure to render any gro- under the contract or agreement described fessional architectural, engineering or surveying in paragraph a above. services. Such person or organization is an additional b. Bodily injury or property damage occurring insured only with respect to liability for bodily after: injury, property damage or personal and ad- (1) All work, including materials, parts or vertising injury caused, in whole or in part, by: equipment furnished in connection with a. Your acts or omissions; or such work, on the project (other than ser- b. The acts or omissions of those acting on vice, maintenance or repairs) to be per- your behalf; formed by or on behalf of the additional in the performance of your ongoing operations insured(s) at the location of the covered for the additional insured. operations has been completed; or However the insurance afforded to such addi- (2) That portion of your work out of which the injury or damage arises has been tional insured: put to its intended use by any person or a. Only applies to the extent permitted by law; organization other than another con- and tractor or subcontractor engaged in per- b. Will not be broader than that which you are forming operations for a principal as a required by the contract or agreement to part of the same project. provide for such additional insured. 3. With respect to the insurance afforded to these A person's or organization's status as an addi- additional insureds, the following is added to tional insured under this endorsement ends Section III - Limits Of Insurance: when your operations for that additional insured The most we will pay on behalf of the addi- are completed. tional insured is the amount of insurance: 2. With respect to the insurance afforded these a. Required by the contract or agreement you additional insureds, the following additional ex- have entered into with the additional in- clusions apply: sured; or This insurance does not apply to: b. Available under the applicable Limits of In- a. Bodily injury, property damage or personal surance shown in the Declarations; and advertising injury arising out of the ren- whichever is less. dering of, or the failure to render, any pro- This endorsement shall not increase the ap- fessional architectural, engineering or sur- plicable Limits of Insurance shown in the De- veying services, including: clarations. CG-2033R(6-13) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pa 1 o 815 of 443 ACUITY ENHANCEMENTS - GENERAL LIABILITY CG-7301(12-19) This endorsement modifies insurance provided will not reject coverage under this policy based under the following: solely on such failure. COMMERCIAL GENERAL LIABILITY COVERAGE FORM H. Waiver of Subrogation for Written Contracts A. Extended Non-Owned Watercraft The following is added to the Transfer of Rights Exclusion g Exception (2)(a) of Coverage A - of Recovery Against Others to Us Condition Bodily Injury and Property Damage Liability is under Section IV - Commercial General Liability replaced by the following: Conditions: (a) Less than 51 feet long; and We waive any right of recovery we may have B. Increased Bail Bond Amount against a person or organization because of The limit shown in paragraph lb of payments we make for injury or damage arising Supplementary Payments - Coverages A and B out of your ongoing operations or your work done under a contract with that person or is increased to$1,000. organization and included in the C. Increased Reasonable Expenses Incurred by products-completed operations hazard. the Insured The waiver applies only to: The limit shown in paragraph ld of 1. Any person or organization with whom you Supplementary Payments - Coverages A and B have a written contract or agreement in is increased to$350. which you are required to waive rights of D. Newly Acquired Organizations recovery under this policy. Such contract or Item 3a of Section II - Who Is An Insured is agreement must have been executed prior replaced by the following: to the occurrence causing injury or damage; a. Coverage under this provision is afforded and only until the 180th day after you acquire or 2• Any other person or organization you are form the organization or the end of the required to add as an additional insured policy period, whichever is earlier; under the contract or agreement described E. Tenants Legal Liability in paragraph 1 above. Paragraphs (1), (3) and (4) of the Damage to I. Liberalization Property Exclusion under Section I - Coverages The following is added to Section IV - do not apply to property damage (other than Commercial General Liability Conditions: damage by fire) to premises, including the If we adopt any revision that would broaden the contents of such premises, rented to you for a coverage under this policy without additional period of 8 or more consecutive days. premium within 45 days prior to or during the The most we will pay under this coverage for policy period, the broadened coverage will damages because of property damage to any immediately apply to this policy. one premises is $10,000. A $250 deductible J. Broadened Bodily Injury applies. The Definition of Bodily Injury is amended to F. Knowledge of Claim or Suit include mental anguish. The following is added to paragraph 2, Duties in K. Electronic Data Liability the Event of Occurrence, Offense, Claim or Suit 1. Exclusion 2q of Coverage A - Bodily Injury of Section IV - Commercial General Liability Conditions: And Property Damage Liability in Section I - Coverages is replaced by the following: Knowledge of an occurrence, claim or suit by 2. Exclusions your agent, servant or employee shall not in itself constitute knowledge of the Named This insurance does not apply to: Insured unless an officer of the Named Insured q. Access Or Disclosure Of has received such notice from the agent, Confidential Or Personal servant or employee. Information And Data-related G. Unintentional Failure to Disclose Hazard Liability The following is added to the Representations Damages arising out of: Condition under Section IV - Commercial (1) Any access to or disclosure of General Liability Conditions: any person's or organization's Based on our dependence upon your confidential or personal representations as to existing hazards, if information, including patents, trade unintentionally you should fail to disclose all such secrets, processing methods, hazards at the inception date of your policy, we customer lists, financial CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PaFag@fA of 443 information, credit card information, shall be deemed to occur at the time of the health information or any other type occurrence that caused it. of nonpublic information; or For the purposes of this coverage, electronic (2) The loss of, loss of use of, data is not tangible property. damage to, corruption of, inability L. Employee Benefits Liability Coverage to access, or inability to manipulate electronic data that 1. The following is added to Section I - does not result from physical Coverages: injury to tangible property. Insuring Agreement This exclusion applies even if a. We will pay those sums that the insured damages are claimed for notification becomes legally obligated to pay as costs, credit monitoring expenses, damages because of any act, error or forensic expenses, public relations omission, of the insured, or of any other expenses or any other loss, cost or person for whose acts the insured is expense incurred by you or others legally liable, to which this coverage arising out of that which is described applies. We will have the right and duty in paragraph (1)or(2)above. to defend the insured against any suit However, unless paragraph (1) seeking those damages. However, we above applies, this exclusion does will have no duty to defend the insured not apply to damages because of against any suit seeking damages to bodily injury. which this coverage does not apply. We 2. The following paragraph is added to Section may, at our discretion, investigate any report of an act, error or omission and III - Limits of Insurance: settle any claim or suit that may result. Subject to paragraph 5 above, $10,000 is But: the most we will pay under Coverage A for (1) The amount we will pay for damages property damage because of all loss of is limited as described in paragraph 5 electronic data arising out of any one of this coverage; and occurrence. (2) Our right and duty to defend ends 3. The following definition is added to Section when we have used up the applicable V- Definitions: limit of insurance in the payment of "Electronic data"means information, facts or judgments or settlements. programs stored as or on, created or used No other obligation or liability to pay on, or transmitted to or from computer sums or perform acts or services is software (including systems and application covered unless explicitly provided for software), hard or floppy disks, CD-ROMS, under Supplementary Payments. tapes, drives, cells, data processing devices or any other media which are used with b. This coverage applies to damages only electronically controlled equipment. if: 4. For the purposes of this coverage, the (1) The act, error or omission, is definition of 'property damage"in Section V negligently committed in the - Definitions is replaced by the following: administration of your employee "Property damage"means: benefit program; a. Physical injury to tangible property, (2) The act, error or omission, did not take place before the original including all resulting loss of use of that inception date of this coverage nor property. All such loss of use shall be deemed to occur at the time of the after the end of the policy period; and physical injury that caused it; (3) A claim for damages, because of an b. Loss of use of tangible property that is act, error or omission, is first made not physically injured. All such loss of against any insured, in accordance with paragraph c below, during the use shall be deemed to occur at the time policy period or an Extended of the occurrence that caused it; or Reporting Period we provide under c. Loss of, loss of use of, damage to, paragraph 6 of this coverage. corruption of, inability to access, or inability c. A claim seeking damages will be deemed to properly manipulate electronic data, to have been made at the earlier of the resulting from physical injury to tangible following times: property. All such loss of electronic data (1) When notice of such claim is CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 8 Page 87 of 443 received and recorded by any f. Workers' Compensation And Similar insured or by us, whichever comes Laws first; or Any claim arising out of your failure to (2) When we make settlement in comply with the mandatory provisions of accordance with paragraph a above. any workers' compensation, A claim received and recorded by the unemployment compensation insurance, insured within 60 days after the end of social security or disability benefits law the policy period will be considered to or any similar law. have been received within the policy g. ERISA period, if no subsequent policy is Damages for which any insured is liable available to cover the claim. because of liability imposed on a d. All claims for damages made by an fiduciary by the Employee Retirement employee because of any act, error or Income Security Act of 1974, as now or omission, or a series of related acts, hereafter amended, or by any similar errors or omissions, including damages federal, state or local laws. claimed by such employee's dependents h. Available Benefits and beneficiaries, will be deemed to have been made at the time the first of Any claim for benefits to the extent that those claims is made against any such benefits are available, with insured. reasonable effort and cooperation of the Exclusions insured, from the applicable funds accrued or other collectible insurance. This coverage does not apply to: L Taxes, Fines Or Penalties a. Dishonest, Fraudulent, Criminal Or Taxes, fines or penalties, including those Malicious Act imposed under the Internal Revenue Code Damages arising out of any intentional, or any similar state or local law. dishonest, fraudulent, criminal or malicious j. Employment-Related Practices act, error or omission, committed by any insured, including the willful or reckless Damages arising out of wrongful violation of any statute. termination of employment, b. Bodily Injury, Property Damage, Or discrimination, or other Personal And Advertising Injury employment-related practices. Bodily injury, property damage or 2. For the purposes of the coverage provided: personal and advertising injury. a. All references to Supplementary c. Failure To Perform A Contract Payments - Coverages A and B are replaced by Supplementary Payments - Damages arising out of failure of Coverages A, B and Employee Benefits performance of contract by any insurer. Liability. d. Insufficiency Of Funds b. Paragraphs 1 b and 2 of the Damages arising out of an insufficiency Supplementary Payments provision do of funds to meet any obligations under not apply. any plan included in the employee 3. For the purposes of the coverage provided, benefit program. paragraphs 2 and 3 of Section II -Who Is An e. Inadequacy Of Performance Of Insured are replaced by the following: Investment/Advice Given With 2. Each of the following is also an insured: Respect To Participation a. Each of your employees who is or Any claim based upon: was authorized to administer your (1) Failure of any investment to perform; employee benefit program. (2) Errors in providing information on b. Any persons, organizations or past performance of investment employees having proper temporary vehicles; or authorization to administer your (3) Advice given to any person with employee benefit program if you die, respect to that person's decision to but only until your legal participate or not to participate in any representative is appointed. plan included in the employee benefit c. Your legal representative if you die, program. but only with respect to duties as CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 8 Page 88 of 443 such. That representative will have plan included in the employee benefit all your rights and duties under this program. coverage. d. Limits of Insurance 3. Any organization you newly acquire or Each Employee Limit: $250,000 form, other than a partnership, joint venture or limited liability company, and Aggregate Limit: $250,000 over which you maintain ownership or The Limits of Insurance of this coverage majority interest, will qualify as a Named apply separately to each consecutive annual Insured if no other similar insurance period and to any remaining period of less applies to that organization. However: than 12 months, starting with the be ginning a. Coverage under this provision is of the policy period shown in the afforded only until the 90th day after Declarations of the policy to which this you acquire or form the organization coverage is attached, unless the policy or the end of the policy period, period is extended after issuance for an whichever is earlier. additional period of less than 12 months. In that case, the additional period will be b. Coverage under this provision does deemed part of the last preceding period for not apply to any act, error or purposes of determining the Limits Of omission that was committed before Insurance. you acquired or formed the organization. Deductible 4. For the purposes of the coverage provided, a. Our obligation to pay damages on behalf Section III - Limits Of Insurance is replaced of the insured applies only to the amount by the following: of damages in excess of the deductible amount stated in a below as applicable Limits Of Insurance to Each Employee. The limits of a. The Limits of Insurance shown in d insurance shall not be reduced by the below and the rules below fix the most amount of this deductible. we will pay regardless of the number of: b. The deductible amount stated in a below (1) Insureds; applies to all damages sustained by any (2) Claims made or suits brought; one employee, including such employee's dependents and (3) Persons or organizations making beneficiaries, because of all acts, errors claims or bringing suits; or omissions to which this coverage (4) Acts, errors or omissions; or applies. (5) Benefits included in your employee c. The terms of this coverage, including benefit program. those with respect to: b. The Aggregate Limit is the most we will (1) Our right and duty to defend any pay for all damages because of acts, suits seeking those damages; and errors or omissions negligently (2) Your duties, and the duties of any committed in the administration of your other involved insured, in the event employee benefit program. of an act, error or omission, or claim c. Subject to the Aggregate Limit, the Each apply irrespective of the application of Employee Limit is the most we will pay the deductible amount. for all damages sustained by any one employee, including damages sustained d. We may pay any part or all of the employee's dependents and deductible amount to effect settlement of by such em beneficiaries, pl a result of: any claim or suit and, upon notification of the action taken, you shall promptly (1) An act, error or omission; or reimburse us for such part of the (2) A series of related acts, errors or deductible amount as we have paid. omissions e. Deductible negligently committed in the Each Employee Deductible: $1,000 administration of your employee benefit program. 5. For the purposes of the coverage provided, Conditions 2 and 4 of Section IV - However, the amount paid under this Conditions are replaced by the following: coverage shall not exceed, and will be 2. Duties In The Event Of An Act, Error subject to, the limits and restrictions that apply to the payment of benefits in any Or Omission, Or Claim Or Suit CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 89 Of 443 a. You must see to it that we are obligations are not affected unless notified as soon as practicable of an any of the other insurance is also act, error or omission which may primary. Then, we will share with all result in a claim. To the extent that other insurance by the method possible, notice should include: described in paragraph c below. (1) What the act, error or omission b. Excess Insurance was and when it occurred; and (1) This coverage is excess over any (2) The names and addresses of of the other insurance, whether anyone who may suffer damages primary, excess, contingent or on as a result of the act, error or any other basis that is effective omission. prior to the beginning of the b. If a claim is made or suit is brought policy period shown in the against any insured, you must: Declarations of this insurance and that applies to an act, error or (1) Immediately record the specifics of omission on other than a the claim or suit and the date claims-made basis, if the other received; and insurance has a policy period (2) Notify us as soon as practicable. which continues after the original c. You and any other involved insured inception date of this coverage. must: (2) When this coverage is excess, (1) Immediately send us copies of we will have no duty to defend any demands, notices, the insured against any suit if any summonses or legal papers other insurer has a duty to defend received in connection with the the insured against that suit. If no claim or suit, other insurer defends, we will undertake to do so, but we will be (2) Authorize us to obtain records entitled to the insured's rights and other information; against all those other insurers. (3) Cooperate with us in the (3) When this coverage is excess investigation or settlement of the over other insurance, we will pay claim or defense against the suit, only our share of the amount of and the loss, if any, that exceeds the (4) Assist us, upon our request, in the sum of the total amount that all enforcement of any right against such other insurance would pay any person or organization which for the loss in absence of this may be liable to the insured coverage; and the total of all because of an act, error or deductible and self-insured omission to which this coverage amounts under all that other may also apply. insurance. d. No insured will, except at that (4) We will share the remaining loss, insured's own cost, voluntarily make if any, with any other insurance a payment, assume any obligation or that is not described in this incur any expense without our Excess Insurance provision and consent. was not bought specifically to e. The requirements to notify us can be apply in excess of the Limits of satisfied by notifying our agent. Insurance shown in paragraph 5d Notice can be by any means of of this coverage. communication. c. Method Of Sharing 4. Other Insurance If all of the other insurance permits If other valid and collectible insurance is contribution by equal shares, we will available to the insured for a loss we follow this method also. Under this cover under this coverage, our approach each insurer contributes obligations are limited as follows: equal amounts until it has paid its applicable Limit of Insurance or none a. Primary Insurance of the loss remains, whichever This coverage is primary except comes first. when paragraph b below applies. If If any of the other insurance does not this coverage is primary, our permit contribution by equal shares, CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 8 Page 90 of 443 we will contribute by limits. Under (4) Other related factors. this method, each insurer's share is The additional premium will not exceed based on the ratio of its applicable $100. Limits of Insurance to the total applicable Limits of Insurance of all The Extended Reporting Period insurers. endorsement applicable to this coverage 6. For the purposes of the coverage provided, shall set forth the terms, not inconsistent the following Extended Reporting Period with this Section, applicable to the Extended Reporting Period, including a provisions are added, or, if this coverage is provision to the effect that the coverage attached to a claims-made Coverage Part, afforded for claims first received during replaces any similar Section in that such period is excess over any other Coverage Part: valid and collectible insurance available EXTENDED REPORTING PERIOD under policies in force after the Extended a. You will have the right to purchase an Reporting Period starts. Extended Reporting Period, as described d. If the Extended Reporting Period is in below, if: effect, we will provide an extended (1) This coverage is canceled or not reporting period aggregate limit of renewed; or insurance described below, but only for claims first received and recorded during (2) We renew or replace this coverage the Extended Reporting Period. with insurance that: The extended reporting period aggregate (a) Has an inception date later than limit of insurance will be equal to the the original inception date of this dollar amount shown in paragraph 5d of coverage; or this coverage under Limits of Insurance. (b) Does not apply to an act, error or Paragraph 5b of this coverage will be omission on a claims-made basis. amended accordingly. The Each b. The Extended Reporting Period does not Employee Limit shown in paragraph 5d extend the policy period or change the will then continue to apply as set forth in scope of coverage provided. It applies paragraph 5c. only to claims for acts, errors or 7. For the purposes of the coverage provided, omissions that were first committed the following definitions are added to the before the end of the policy period but Definitions Section: not before the original inception date of this coverage. Once in effect, the a. Administration"means: Extended Reporting Period may not be (1) Providing information to employees, canceled. including their dependents and c. An Extended Reporting Period of five beneficiaries, with respect to years is available, but only by an eligibility for or scope of employee endorsement and for an extra charge. benefit programs; You must give us a written request for (2) Handling records in connection with the endorsement within 60 days after the the employee benefit program; or end of the policy period. The Extended (3) Effecting, continuing or terminating Reporting Period will not go into effect any employee's participation in any unless you pay the additional premium benefit included in the employee promptly when due. benefit program. We will determine the additional However, administration does not include premium in accordance with our rules handling payroll deductions. and rates. In doing so, we may take into b. "Cafeteria plans"means plans authorized account the following: by applicable law to allow employees to (1) The employee benefit programs elect to pay for certain benefits with insured; pre-tax dollars. (2) Previous types and amounts of c. "Claim" means any demand, or suit, insurance; made by an employee or an employee's (3) Limits of insurance available under dependents and beneficiaries, for this coverage for future payment of damages as the result of an act, error or damages; and omission. CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 Page 91 of 443 d. "Employee benefit program" means a the insured submits with our consent. program providing some or all of the M. Voluntary Property Damage following benefits to employees, whether provided through a cafeteria plan or 1. With respect to the insurance provided otherwise: under this coverage, paragraph 2 Exclusions of Coverage A - Bodily Injury and Property (1) Group life insurance; group accident Damage Liability under Section I - or health insurance; dental, vision Coverages is modified as followed: and hearing plans; and flexible spending accounts; provided that no a. Exclusion 2j(4) is replaced by the one other than an employee may following: subscribe to such benefits and such (4) Personal property of others: benefits are made generally available (a) Held by the insured for servicing, to those employees who satisfy the repair, storage or sale at plan's eligibility requirements; premises owned, occupied or (2) Profit sharing plans, employee rented to the insured. savings plans, employee stock (b) Caused by the ownership, ownership plans, pension plans and maintenance, use, loading or stock subscription plans, provided unloading of any auto, watercraft that no one other than an employee or transportation of property by may subscribe to such benefits and any means. such benefits are made generally available to all employees who are b. Exclusion 2j(5) is deleted. eligible under the plan for such 2. The insurance provided by this coverage is benefits; subject to the following provisions: (3) Unemployment insurance, social a. We will pay for property damage at security benefits, workers' your request even if you are not legally compensation and disability benefits; liable, if it is otherwise subject to this (4) Vacation plans, including buy and coverage. sell programs; leave of absence b. Property damage does not include loss programs, including military, of use if personal property of others is maternity, family, and civil leave; not physically injured. tuition assistance plans; c. Limits transportation and health club subsidies; and The most we will pay for an occurrence under this coverage is$2,500. (5) Any other similar benefits added thereto by endorsement. The most we will pay for the sum of all amounts paid under this coverage is an 8. For the purposes of the coverage provided, aggregate of$2,500. the following Definitions in the Definitions Section are replaced by the following: The General Aggregate Limit and Each Occurrence Limit under Section III - a. "Employee" means a person actively Limits of Insurance do not apply to the employed, formerly employed, on leave insurance provided under this of absence or disabled, or retired. coverage. Employee includes a leased worker. Employee does not include a temporary d. Settlement worker. If you make any repairs to damaged b. "Suit" means a civil proceeding in which property, at our request, we will pay the damages because of an act, error or larger of your actual cost or 75% of omission to which this coverage applies your usual charge for the necessary are alleged. Suit includes: labor and materials. Any property paid for or replaced by us may become our (1) An arbitration proceeding in which property at our option. Any payment such damages are claimed and to made under this coverage shall not be which the insured must submit or interpreted as an admission of liability does submit with our consent; or by the insured or the company. (2) Any other alternative dispute e. Deductible resolution proceeding in which such damages are claimed and to which Our obligation to pay for a covered loss applies only to the amount of loss in CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 Page 92 of 443 excess of$200. 2. The Products-Completed Operations f. Other Insurance Aggregate Limit is increased to three times the Each Occurrence Limit. The insurance provided by this coverage is excess over any other 3. The Damage To Premises Rented To You insurance carried by the insured which Limit is increased to $250,000. applies to a loss covered by this 4. The Medical Expense Limit is increased to coverage. $10,000. N. Increased Limits of Insurance The Limits of Insurance shown here do not replace 1. The General Aggregate Limit is increased to and are not in addition to the Limits of Insurance three times the Each Occurrence Limit. shown in the Declarations. CG-7301(12-19) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 8 Page 93 of 443 POLICY NUMBER: ZP7117 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13(4-84) We have the right to recover our payments from a written contract that requires you to obtain this anyone liable for an injury covered by this policy. We agreement from us. will not enforce our right against the person or This agreement shall not operate directly or indirectly organization named in the Schedule. This agreement to benefit any one not named in the Schedule. applies only to the extent that you perform work under SCHEDULE We will not enforce our right against any person or organization with whom you have a written contract or agreement which you are required to waive rights of recovery under this policy. We will not enforce our right against any other person or organization named in these contracts or agreements which you are also required to waive rights of recovery. Such a contract or agreement must have been executed prior to the occurrence causing injury or damage. An entity meeting these requirements does not have to be named in the Schedule for the waiver to apply. WC 00 03 13(4-84) Acuity,A Mutual Insurance Company Pa 1 of 1 ?age 94 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Steven Kjergaard, Director of Aviation July 21, 2025 Airport Department AGENDA ITEM TITLE Resolution accepting FAA AIP Grant No. 3-19-0094-058-2025, in the amount of$93,670.00, for Update Pavement Maintenance Management System, and authorizing the Mayor and City Attorney 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 95% FAA Grant / 5% PFC match ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. ALO-CEG-3-19-0094-058-2025-Grant Agreement - unsigned Page 95 of 443 Page 96 of 443 3-19-0094-058-2025 Q U.S. Department of Transportation Airports Division FAA ACE-600 Central Region 901 Locust Federal Aviation Iowa,Kansas, Missouri, Nebraska Kansas City,MO 64106 Administration Mr. Steven Kjergaard Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 Dear Mr. Kjergaard: The Grant Offer for Airport Improvement Program (AIP) Project No. 3-19-0094-058-2025 at Waterloo Regional Airport is attached for execution.This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully. You may not make any modification to the text,terms or conditions of the grant offer. Steps You Must Take to Enter Into Agreement.To properly enter into this agreement,you must do the following: 1. The governing body must give authority to execute the grant to the individual(s)signing the grant, i.e.,the person signing the document must be the sponsor's authorized representative(s) (hereinafter"authorized representative"). 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement. 3. Once the authorized representative has electronically signed the grant,the sponsor's attorney(s) will automatically receive an email notification. 4. On the same day or after the authorized representative has signed the grant, the sponsor's attorney(s)will add their electronic signature to the appropriate certificate at the end of the agreement. 5. If there are co-sponsors,the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than August 22,2025 6. The fully executed grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Project Timing.The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Your grant may be placed in "inactive" status if you do not make draws 2 Page 97 of 443 3-19-0094-058-2025 on a regular basis,which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed,you are responsible for submitting formal reports as follows: ➢ For all grants,you must submit by December 31"of each year this grant is open: 1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 (Federal Financial Report). ➢ For non-construction projects,you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year. ➢ For construction projects,you must submit FAA Form 5370-1, Construction Progress and Inspection Report,within 30 days of the end of each Federal fiscal quarter. Audit Requirements. As a condition of receiving Federal assistance under this award,you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non-Federal entities that expend $1,000,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined,we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information.Junior E. Lindsay, Ph: (816) 329-2622, is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Rodney N.Joel Director, Central Region Airports Division 3 Page 98 of 443 3-19-0094-058-2025 few U.S.Department of Transportation Federal Aviation Administration FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM (AIP) FY 2025 AIP GRANT AGREEMENT Part I -Offer Federal Award Offer Date July 8,2025 Airport/Planning Area Waterloo Regional AIP Grant Number 3-19-0094-058-2025 Unique Entity Identifier D571YPMNW8E5 TO: City of Waterloo, Iowa (herein called the"Sponsor")(For Co-Sponsors,list all Co-Sponsor names.The word"Sponsor"in this Grant Agreement also applies to a Co-Sponsor.) FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS,the Sponsor has submitted to the FAA a Project Application dated May 12, 2025, for a grant of Federal funds for a project at or associated with the Waterloo Regional Airport, which is included as part of this Grant Agreement; and WHEREAS,the FAA has approved a project for the Waterloo Regional Airport(herein called the "Project") consisting of the following: Update Pavement Maintenance Management System which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§40101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number(P.L.) 115-254); the Department of Transportation Appropriations Act, 2021 ( P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA Reauthorization Act of 2024(P.L. 118-63); and the representations contained in the Project Application; 4 Page 99 of 443 3-19-0094-058-2025 and in consideration of: (a)the Sponsor's adoption and ratification of the Grant Assurances dated April 2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor's acceptance of this Offer; and (c)the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay Ninety-Five (95%) of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number(Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is $93,670.00. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment,which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. §47108(b): $93,670.00 for planning $0 for airport development or noise program implementation; and, $0 for land acquisition. 2. Grant Performance.This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days)from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.0 §47142(b). b. Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period except as stated in 49 U.S.0 §47142(b). Eligible project related costs incurred on or after November 15, 2021, that comply with all Federal funding, procurement requirements and FAA standards are allowable costs. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsors are authorized to expend the funds 5 Page 100 of 443 3-19-0094-058-2025 awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. c. Close Out and Termination: Unless the FAA authorizes a written extension,the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period,the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344).The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (a) (1)The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement; (2)A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement; (3)The Sponsor fails to comply with the terms and conditions of this agreement, including a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor; (4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA's basis for selecting the Project to receive a grant; or (5)The FAA determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section,the FAA may elect to consider only the interests of the FAA. (c)The Sponsor may request that the FAA terminate the agreement under this section. 3. Ineligible or Unallowable Costs. In accordance with 49 U.S.C. §49 U.S.C. §47110,the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute. 4. Indirect Costs-Sponsor.The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA,to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs.The United States' share of allowable project costs will be made in accordance with 49 U.S.C. §47109, the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project 6 Page 101 of 443 3-19-0094-058-2025 costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Prosect Without Delay and in Conformance with Requirements.The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement,49 U.S.C. Chapters 471 and 475, the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project.The report must include a reason for the project stoppage.The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. 7. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 22,2025 , or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds and Mandatory Disclosure. a. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently,wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement,the term "Federal funds" means funds however used or dispersed by the Sponsor,that were originally paid pursuant to this or any other Federal grant agreement.The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds.The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment,to the Secretary.The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200. 10. United States Not Liable for Damage or Iniury.The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 11. System for Award Management(SAM) Registration and Unique Entity Identifier(UEI). a. Requirement for System for Award Management(SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110,the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment,whichever is later.This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration proocedures may be found at tche SAM website (currently at http://www.sam.gov). 7 Page 102 of 443 3-19-0094-058-2025 b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity.A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration. 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AIP Projects. If, during the life of the project,the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000 or five percent(5%),whichever is greater,the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments.The FAA's authority to increase the maximum obligation does not apply to the "planning" component of Condition No. 1, Maximum Obligation. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Environmental Standards.The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances,for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and Payment Requirements.The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101,the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant.The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Build America, Buy America.The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58). 18. Maximum Obligation Increase. In accordance with 49 U.S.C. §47108(b)(3), as amended,the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available: 1. 15 percent; or 8 Page 103 of 443 3-19-0094-058-2025 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. §47110, or other superseding legislation if applicable,for the fiscal year appropriation with which the increase is funded.The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount.The FAA may adjust the Federal share as applicable through an informal letter of amendment. 19. Audits for Sponsors. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200.The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA,the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials,State, and Government Accountability Office.The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non-Federal entity is eligible to participate in this Federal program by: 1. Checking the System for Award Management (SAM.gov) exclusions to determine if the non- Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR§ 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. c. Immediately disclose in writing to the FAA whenever(1)the Sponsor learns it has entered into a covered transaction with an ineligible entity or(2)the Public Sponsor suspends or debars a contractor, person, or entity. 21. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10,Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of,the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: 9 Page 104 of 443 3-19-0094-058-2025 i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 22. Trafficking in Persons. a. Posting of contact information. 1. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone,text, or TTY) in all public airport restrooms. b. Provisions applicable to a recipient that is a private entity. a. Under this Grant,the recipient, its employees, subrecipients under this Grant, and subrecipient's employees must not engage in: i. Severe forms of trafficking in persons; ii. The procurement of a commercial sex act during the period of time that the grant or cooperative agreement is in effect; iii. The use of forced labor in the performance of this grant; or any subaward; or iv. Acts that directly support or advance trafficking in persons, including the following acts: a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: 1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or 2. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action; c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country's housing and safety standards. b. The FAA may unilaterally terminate this Grantor take any remedial actions authorized by 22 U.S.C. §7104b(c), without penalty, if any private entity under this Grant: i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; or 10 Page 105 of 443 3-19-0094-058-2025 ii. Has an employee that is determined to have violated a prohibition in paragraph(2)(a) of this Grant through conduct that is either: a) Associated with the performance under this Grant; or b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200. 3. Provisions applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. §7104b(c),without penalty, if subrecipient than is a private entity under this award: i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with the performance under this Grant; or b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government- wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200. 4. Provisions applicable to any recipient. a. The recipient must inform the FAA and the DOT Inspector General immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant. b. The FAA's right to unilaterally terminate this Grant as described in paragraphs (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78, and is in addition to all other remedies for noncompliance that are available to the FAA under this Grant. c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward it makes to a private entity. d. If applicable,the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b). 5. Definitions. For purposes of this Grant award, term: a. "Employee" means either: i. An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by the recipient including, but not limited to, a 11 Page 106 of 443 3-19-0094-058-2025 volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements. b. "Private Entity" means: i. Any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals.The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. ii. The terms"severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and "involuntary servitude" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102). 23. AIP Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement,the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application.The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 24. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. §4712, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C.4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. §4712. See statutory requirements for whistleblower protections at 10 U.S.C. §4701,41 U.S.C. §4712, 41 U.S.C. §4304, and 10 U.S.C. § 4310. 25. Co-Sponsor.The Co-Sponsors, if any, understand and agree that they jointly and severally adopt and ratify the representations and assurances contained therein and that the word "Sponsor" as used in the application and other assurances is deemed to include all Co-Sponsors. 26. Prohibited Telecommunications and Video Surveillance Services and Equipment.The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 §889(f)(1)] and 2 CFR § 200.216. 27. Critical Infrastructure Security and Resilience.The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security(DHS). For airports that do not have specific DOT or DHS cybersecurity requirements,the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports. 28. Title VI of the Civil Rights Act. As a condition of a grant award,the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964(42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 12 Page 107 of 443 3-19-0094-058-2025 U.S.C. §47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.),the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA)Assurances, and other relevant civil rights statutes, regulations, or authorities, including any amendments or updates thereto.This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project.A completed FAA Title VI Pre-Grant Award Checklist is required for every grant application, unless excused by the FAA.The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance.The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law. 29. FAA Reauthorization Act of 2024.This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on April 2025. On May 16, 2024,the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471.The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant,the existing assurances are attached herein; however, FAA shall interpret and apply these assurances consistent with the Reauthorization Act.To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply.The full text of the FAA Reauthorization Act of 2024 is at https://www.congress.gov/bill/118th-congress/house-bill/3935/text 30. Applicable Federal Anti-Discrimination Laws. Pursuant to Section (3)(b)(iv), Executive Order 1473, Ending Illegal Discrimination and Restoring Merit-Based Opportunity,the sponsor: a. Agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government's payment decisions for purposes of 31 U.S.C. 3729(b)(4) and b. certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti-discrimination laws. 31. Federal Law and Public Policy Requirements. The Sponsor shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to,those protecting free speech, religious liberty, public welfare,the environment, and prohibiting discrimination; and the Sponsor will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and 13 Page 108 of 443 3-19-0094-058-2025 components of the Department of Homeland Security in and the enforcement of Federal immigration law. 32. National Airspace System Requirements a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System, including waiving permitting requirements and other restrictions affecting those activities to the maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities.The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System. b. If FAA determines that the Sponsor has violated subsection (a),the FAA may impose a remedy, including: (1) additional conditions on the award; (2) consistent with 49 U.S.0 chapter 471,.any remedy permitted under 2 C.F.R. 200.339- 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the DOT; suspension or termination of the award; or suspension and debarment under 2 C.F.R. part 180; or (3) any other remedy legally available. c. (In imposing a remedy under this condition,the FAA may elect to consider the interests of only the FAA. d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-904). 33. Signage Costs for Construction Projects.The Sponsor agrees that it will require the prime contractor of a Federally-assisted airport improvement project to post signs consistent with a DOT/FAA- prescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025. 34. Title 8- U.S.C.,Chapter 12,Subchapter II - Immigration.The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter. 14 Page 109 of 443 3-19-0094-058-2025 SPECIAL CONDITIONS 35. Pavement Maintenance Management Program.The Sponsor agrees that it will implement an effective airport pavement maintenance management program as required by Airport Sponsor Grant Assurance 11, Pavement Preventive Maintenance-Management, which is codified at 49 U.S.C. §47105(e).The Sponsor agrees that it will use the program for the useful life of any pavement constructed, reconstructed, rehabilitated, or repaired with Federal financial assistance at the airport.The Sponsor further agrees that the program will: a. Follow the current version of FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements, establishing an effective maintenance program, specific types of distress and its probable cause, inspection guidelines, and recommended methods of repair; b. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed; c. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference, meeting the following requirements: 1. Pavement Inventory.The following must be depicted in an appropriate form and level of detail: i. Location of all runways,taxiways, and aprons; ii. Dimensions; iii. Type of pavement; and, iv. Year of construction or most recent major reconstruction, rehabilitation, or repair. 2. Inspection Schedule. i. Detailed Inspection.A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in the current version of Advisory Circular 150/5380-6,the frequency of inspections may be extended to three years. ii. Drive-By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. For drive-by inspections,the date of inspection and any maintenance performed must be recorded. 3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years.The type of distress, location, and remedial action, scheduled or performed, must be documented.The minimum information is: i. Inspection date; ii. Location; iii. Distress types; and iv. Maintenance scheduled or performed. 15 Page 110 of 443 3-19-0094-058-2025 4. Information Retrieval System.The Sponsor must be able to retrieve the information and records produced by the pavement survey to provide a report to the FAA as may be required. 36. Protection of Runway Protection Zone-Airport Property.The Sponsor agrees to prevent the erection or creation of any structure, place of public assembly, or other use in the Runway Protection Zone, as depicted on the Exhibit"A": Property Map, except for Navigational Aids (NAVAIDS)that are fixed by their functional purposes or any other structure permitted by the FAA. The Sponsor further agrees that any existing structures or uses within the Runway Protection Zone will be cleared or discontinued by the Sponsor unless approved by the FAA. 37. Protection of Runway Protection Zone-Easement.The Sponsor, under the easement, agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences,fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. 38. Buy American Executive Orders.The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. 16 Page 111 of 443 3-19-0094-058-2025 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances,terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents.You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' (Signature of Sponsor's Authorized Official) Rodney N Joel (Typed Name) Acting Director,Central Region Airports Division (Title of FAA Official ' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements)and could subject you to fines,imprisonment,or both. 17 Page 112 of 443 3-19-0094-058-2025 PART 11-ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances,terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents.You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.2 Dated July 8,2025 City of Waterloo, Iowa /A...n.... (Name of Sponsor).... Quentin Hart(Jul 8,2025 12:24 CDT) (Signature of Sponsor's Authorized Official) By: Quentin Hart (Typed Name of Sponsor's Authorized Official) Title: Mayor (Title of Sponsor's Authorized Official Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements)and could subject you to fines,imprisonment,or both. 18 Page 113 of 443 3-19-0094-058-2025 CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Iowa . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement,which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475;49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (P.L. 115-254);the Department of Transportation Appropriations Act, 2021 (P.L. 116-260, Division L);the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application. In addition,for grants involving projects to be carried out on property not owned by the Sponsor,there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document,you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents.You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. 1 declare under penalty of perjury that the foregoing is true and correct.3 Dated at By: (Signature of Sponsor's Attorney) s Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements)and could subject you to fines,imprisonment,or both. 19 Page 114 of 443 ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein,the term "public agency sponsor" means a public agency with control of a public-use airport;the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor,these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project. However,there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10)years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects.The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project;there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. 1 Page 115 of 443 C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that: 1. General Federal Requirements It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable,to the type of organization of the Sponsor and any applicable sub-recipients.The applicable provisions to this agreement include, but are not limited to,the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle VII, as amended. b. Davis-Bacon Act, as amended —40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act–29 U.S.C. § 201, et seq. d. Hatch Act–5 U.S.C. § 1501, et seq.' e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §4601, et seq.1, ' f. National Historic Preservation Act of 1966–Section 106–54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974–54 U.S.C. § 312501, et seq.1 h. Native Americans Grave Repatriation Act–25 U.S.C. §3001, et seq. i. Clean Air Act, P.L. 90-148, as amended–42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended–16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973–Section 102(a)-42 U.S.C. §4012a.' I. 49 U.S.C. § 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973–29 U.S.C. § 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975–42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended–42 U.S.C. §4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978–Section 403–42 U.S.C. §8373.1 t. Contract Work Hours and Safety Standards Act–40 U.S.C. § 3701, et seq.1 u. Copeland Anti-kickback Act–18 U.S.C. § 874.1 v. National Environmental Policy Act of 1969–42 U.S.C. § 4321, et seq.' 2 Page 116 of 443 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended—16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984—31 U.S.C. §7501, et seq.Z y. Drug-Free Workplace Act of 1988—41 U.S.C. §§8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58,Title VIII. cc. Build America, Buy America Act, P.L. 117-58,Title IX. dd. Endangered Species Act—16 U.S.C. 1531, et seq. ee. Title IX of the Education Amendments of 1972, as amended —20 U.S.C. 1681-1683 and 1685- 1687. ff. Drug Abuse Office and Treatment Act of 1972, as amended—21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended—42 U.S.C. §4541, et seq. hh. Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended—42 U.S.C. §4541, et seq. ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions—31 U.S.C. § 1352. EXECUTIVE ORDERS a. Executive Order 11990—Protection of Wetlands b. Executive Order 11988— Floodplain Management c. Executive Order 12372— Intergovernmental Review of Federal Programs d. Executive Order 12699—Seismic Safety of Federal and Federally Assisted New Building Construction' e. Executive Order 14005— Ensuring the Future is Made in all of America by All of America's Workers f. Executive Order 14149— Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151— Ending Radical and Wasteful Government DEI Programs and Preferencing h. Executive Order 14154— Unleashing American Energy i. Executive Order 14168—Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government j. Executive Order 14173— Ending Illegal Discrimination and Restoring Merit-Based Opportunity FEDERAL REGULATIONS a. 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). 3 Page 117 of 443 b. 2 CFR Part 200 and 1201—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment. d. 14 CFR Part 13—Investigative and Enforcement Procedures. e. 14 CFR Part 16—Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150—Airport Noise Compatibility Planning. g. 28 CFR Part 35—Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3—U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1—Procedures for Predetermination of Wage Rates.' j. 29 CFR Part 3—Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.' k. 29 CFR Part 5—Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).' I. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor(Federal and Federally-assisted contracting requirements).' m. 49 CFR Part 20—New Restrictions on Lobbying. n. 49 CFR Part 21—Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23—Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.',i q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27—Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.' s. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30—Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32—Governmentwide Requirements for Drug-Free Workplace (Financial Assistance). v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38—Americans with Disabilities Act (ADA)Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41—Seismic Safety. 4 Page 118 of 443 FOOTNOTES To ASSURANCE(C)(1) 1 These laws do not apply to airport planning sponsors. z These laws do not apply to private sponsors. 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance.Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. S Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5 Page 119 of 443 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor.This shall be done in a manner acceptable to the Secretary. b. Subject to 49 U.S.C. §47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or,for a noise compatibility program project,that portion of the property upon which Federal funds have been expended,for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code,to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations,the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary,that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project.That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code,the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6 Page 120 of 443 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport,the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance-Management. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. §44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 7 Page 121 of 443 13. Accounting System,Audit,and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant,the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives,for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant.The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six(6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages,to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor(except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112. However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary.Such regulations and 8 Page 122 of 443 procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions.Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for: 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow,flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed 9 Page 123 of 443 as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport(including established minimum flight altitudes)will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action,to the extent reasonable, including the adoption of zoning laws,to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use,within its jurisdiction,that will reduce its compatibility,with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to: 1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport(whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable 10 Page 124 of 443 classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person,firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph,the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person,firm, or corporation,the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code,the Airport and Airway Improvement Act 11 Page 125 of 443 of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport;the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport,to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land,this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale.This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. §47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; 12 Page 126 of 443 b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. The airport owner or operator will maintain a current airport layout plan of the airport showing: 13 Page 127 of 443 1. boundaries of the airport and all proposed additions thereto,together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways,taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. b. Subject to subsection 49 U.S.C. § 47107(x),the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect. c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration- 1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or 2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary,the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary; or 2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964(42 U.S.C. §§ 2000d to 2000d-4); creed and sex per 49 U.S.C. §47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity,facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e),the sponsor will facilitate all programs, operate all facilities, or 14 Page 128 of 443 conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities,these requirements extend to all of the sponsor's programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility,the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property.Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property,the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The ([sponsor name]), in accordance with the provisions of Title VI of the Civil Rights Act of 1964(42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex, age, or disability in consideration for an award." e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 15 Page 129 of 443 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants,transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts,the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time.That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or(2) transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114,47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes,the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such 16 Page 130 of 443 land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§47114,47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if(1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2)the revenue from interim uses of such land contributes to the financial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under(a), (b), or(c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies,Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, 17 Page 131 of 443 current FAA Advisory Circulars (https://www.faa.gov/sites/faa.gov/files/aip-pfc-checklist O.pdf) for AIP projects as of May 12, 2025. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property,to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement,comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26.The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts.The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program,the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§3801-3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. §47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport,the airport owner or operator shall transmit a report to the Secretary that: 18 Page 132 of 443 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any,the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 40. Access to Leaded Aviation Gasoline a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with, 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees,that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. §46301(a)(8). 19 Page 133 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Steven Kjergaard, Director of Aviation July 21, 2025 Airport Department AGENDA ITEM TITLE Resolution accepting FAA AIP Grant No. 3-19-0094-057-2025, in the amount of$2,205,204.00, for Replacement of Passenger Boarding Bridge and Fixed Walkway and Remark Terminal Apron, and authorizing the Mayor and City Attorney 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 95% FAA Grant / 5% PFC Match ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. ALO-CEG-3-19-0094-057-2025-Grant Agreement - unsigned Page 134 of 443 Page 135 of 443 3-19-0094-057-2025 �1 U.S. Department of Transportation Airports Division FAA ACE-600 Central Region 901 Locust Federal Aviation Iowa, Kansas,Missouri,Nebraska Kansas City, MO 64106 Administration Mr. Steven Kjergaard Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 Dear Mr. Kjergaard: The Grant Offer for Airport Improvement Program (AIP) Project No. 3-19-0094-057-2025 at Waterloo Regional Airport is attached for execution.This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully. You may not make any modification to the text,terms or conditions of the grant offer. Steps You Must Take to Enter Into Agreement.To properly enter into this agreement, you must do the following: 1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e.,the person signing the document must be the sponsor's authorized representative(s) (hereinafter"authorized representative"). 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement. 3. Once the authorized representative has electronically signed the grant,the sponsor's attorney(s) will automatically receive an email notification. 4. On the same day or after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement. 5. If there are co-sponsors,the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than August 24,2025 6. The fully executed grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Project Timing.The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses 1 Page 136 of 443 3-19-0094-057-2025 consistent with project progress. Your grant may be placed in "inactive" status if you do not make draws on a regular basis,which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed,you are responsible for submitting formal reports as follows: ➢ For all grants, you must submit by December 31St of each year this grant is open: 1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 (Federal Financial Report). ➢ For non-construction projects,you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year. ➢ For construction projects,you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter. Audit Requirements.As a condition of receiving Federal assistance under this award,you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non-Federal entities that expend $1,000,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information. Ryan DaMetz, Ph: (816) 329-2628, is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Rodney N.Joel Director, Central Region Airports Division 2 Page 137 of 443 3-19-0094-057-2025 few U.S.Department of Transportation Federal Aviation Administration FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM (AIP) FY 2025 AIP GRANT AGREEMENT Part I -Offer Federal Award Offer Date July 10,2025 Airport/Planning Area Waterloo Regional AIP Grant Number 3-19-0094-057-2025 Unique Entity Identifier D571YPMNW8E5 TO: City of Waterloo, Iowa (herein called the"Sponsor")(For Co-Sponsors,list all Co-Sponsor names.The word"Sponsor"in this Grant Agreement also applies to a Co-Sponsor.) FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS,the Sponsor has submitted to the FAA a Project Application dated June 02, 2025,for a grant of Federal funds for a project at or associated with the Waterloo Regional Airport, which is included as part of this Grant Agreement; and WHEREAS,the FAA has approved a project for the Waterloo Regional Airport(herein called the "Project") consisting of the following: Replace Passenger Boarding Bridge and Fixed Walkway and Remark Terminal Apron (9,500 sq.yds.) which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§40101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number(P.L.) 115-254);the Department of Transportation Appropriations Act, 2021 ( P.L. 116-260, Division L);the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA Reauthorization Act of 2024(P.L. 118-63); and the representations contained in the Project Application; 3 Page 138 of 443 3-19-0094-057-2025 and in consideration of: (a)the Sponsor's adoption and ratification of the Grant Assurances dated April 2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b)the Sponsor's acceptance of this Offer; and (c)the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay Ninety-Five(95%)of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number(Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation.The maximum obligation of the United States payable under this Offer is $2,205,204.00. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. §47108(b): $0 for planning $2,205,204.00 for airport development or noise program implementation; and, $0 for land acquisition. 2. Grant Performance.This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement.The end date of the Period of Performance is 4 years (1,460 calendar days)from the date of acceptance.The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date,which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.0 §47142(b). b. Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period except as stated in 49 U.S.0§47142(b). Eligible project related costs incurred on or after November 15, 2021,that comply with all Federal funding, procurement requirements and FAA standards are allowable costs. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsors are authorized to expend the funds 4 Page 139 of 443 3-19-0094-057-2025 awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. c. Close Out and Termination: Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period,the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344).The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (a) (1)The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement; (2)A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement; (3)The Sponsor fails to comply with the terms and conditions of this agreement, including a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor; (4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA's basis for selecting the Project to receive a grant; or (5)The FAA determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section,the FAA may elect to consider only the interests of the FAA. (c)The Sponsor may request that the FAA terminate the agreement under this section. 3. Ineligible or Unallowable Costs. In accordance with 49 U.S.C. §49 U.S.C. §47110,the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute. 4. Indirect Costs-Sponsor.The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs.The United States' share of allowable project costs will be made in accordance with 49 U.S.C. § 47109,the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project 5 Page 140 of 443 3-19-0094-057-2025 costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Proiect Without Delay and in Conformance with Requirements.The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 U.S.C. Chapters 471 and 475,the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308,the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project.The report must include a reason for the project stoppage.The Sponsor also agrees to comply with the grant assurances,which are part of this Agreement. 7. Amendments or Withdrawals before Grant Acceptance.The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date.This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before August 24,2025 . or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds and Mandatory Disclosure. a. The Sponsor must take all steps, including litigation if necessary,to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement,the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement.The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds.The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment,to the Secretary.The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200. 10. United States Not Liable for Damage or Injury.The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 11. System for Award Management(SAM) Registration and Unique Entity Identifier(UEI). a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110,the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later.This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term.Additional information about registration proocedures may be found at tche SAM website (currently at http://www.sam.gov). 6 Page 141 of 443 3-19-0094-057-2025 b. Unique entity identifier(UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration. 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA,the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AIP Projects. If, during the life of the project,the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by$25,000 or five percent (5%), whichever is greater,the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments.The FAA's authority to increase the maximum obligation does not apply to the "planning" component of Condition No. 1, Maximum Obligation. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Environmental Standards.The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement,the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and Payment Requirements.The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101,the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant.The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Build America, Buy America.The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58). 18. Maximum Obligation Increase. In accordance with 49 U.S.C. §47108(b)(3), as amended,the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available: 1. 15 percent; or 7 Page 142 of 443 3-19-0094-057-2025 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable,for the fiscal year appropriation with which the increase is funded.The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount.The FAA may adjust the Federal share as applicable through an informal letter of amendment. 19. Audits for Sponsors. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200.The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA,the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office.The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200,the Sponsor must: a. Verify the non-Federal entity is eligible to participate in this Federal program by: 1. Checking the System for Award Management (SAM.gov) exclusions to determine if the non- Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR§ 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. c. Immediately disclose in writing to the FAA whenever (1)the Sponsor learns it has entered into a covered transaction with an ineligible entity or(2)the Public Sponsor suspends or debars a contractor, person, or entity. 21. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10,Text Messaging While Driving, December 30, 2009,the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of,the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: 8 Page 143 of 443 3-19-0094-057-2025 i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 22. Trafficking in Persons. a. Posting of contact information. 1. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone,text, or TTY) in all public airport restrooms. b. Provisions applicable to a recipient that is a private entity. a. Under this Grant,the recipient, its employees, subrecipients under this Grant, and subrecipient's employees must not engage in: i. Severe forms of trafficking in persons; ii. The procurement of a commercial sex act during the period of time that the grant or cooperative agreement is in effect; iii. The use of forced labor in the performance of this grant; or any subaward; or iv. Acts that directly support or advance trafficking in persons, including the following acts: a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: 1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or 2. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action; c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country's housing and safety standards. b. The FAA may unilaterally terminate this Grant or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if any private entity under this Grant: i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; or 9 Page 144 of 443 3-19-0094-057-2025 ii. Has an employee that is determined to have violated a prohibition in paragraph(2)(a) of this Grant through conduct that is either: a) Associated with the performance under this Grant; or b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200. 3. Provisions applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if subrecipient than is a private entity under this award: i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with the performance under this Grant; or b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government- wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200. 4. Provisions applicable to any recipient. a. The recipient must inform the FAA and the DOT Inspector General immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant. b. The FAA's right to unilaterally terminate this Grant as described in paragraphs (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78, and is in addition to all other remedies for noncompliance that are available to the FAA under this Grant. c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward it makes to a private entity. d. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b). 5. Definitions. For purposes of this Grant award, term: a. "Employee" means either: i. An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by the recipient including, but not limited to, a 10 Page 145 of 443 3-19-0094-057-2025 volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements. b. "Private Entity" means: i. Any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals.The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. ii. The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and "involuntary servitude" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102). 23. AIP Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application.The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 24. Exhibit"A" Property Map.The Exhibit"A" Property Map dated December 11, 2013, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 25. Employee Protection from Reprisal. In accordance with 2 CFR§ 200.217 and 41 U.S.C. §4712, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. §4712. See statutory requirements for whistleblower protections at 10 U.S.C. §4701,41 U.S.C. §4712,41 U.S.C. §4304, and 10 U.S.C. §4310. 26. Co-Sponsor.The Co-Sponsors, if any, understand and agree that they jointly and severally adopt and ratify the representations and assurances contained therein and that the word "Sponsor" as used in the application and other assurances is deemed to include all Co-Sponsors. 27. Prohibited Telecommunications and Video Surveillance Services and Equipment.The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 §889(f)(1)] and 2 CFR § 200.216. 28. Critical Infrastructure Security and Resilience.The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security(DHS). For airports that do not have specific DOT or DHS cybersecurity requirements,the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports. 11 Page 146 of 443 3-19-0094-057-2025 29. Title VI of the Civil Rights Act. As a condition of a grant award,the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21),the Airport and Airway Improvement Act of 1982 (49 U.S.C. §47123),the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA)Assurances, and other relevant civil rights statutes, regulations, or authorities, including any amendments or updates thereto.This may include, as applicable, providing a current Title VI Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre-Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance.The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law. 30. FAA Reauthorization Act of 2024.This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on April 2025. On May 16, 2024,the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant,the existing assurances are attached herein; however, FAA shall interpret and apply these assurances consistent with the Reauthorization Act.To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply.The full text of the FAA Reauthorization Act of 2024 is at https://www.congress.gov/bill/118th-congress/house-bill/3935/text 31. Applicable Federal Anti-Discrimination Laws. Pursuant to Section (3)(b)(iv), Executive Order 1473, Ending Illegal Discrimination and Restoring Merit-Based Opportunity,the sponsor: a. Agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government's payment decisions for purposes of 31 U.S.C. 3729(b)(4) and b. certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti-discrimination laws. 32. Federal Law and Public Policy Requirements.The Sponsor shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to,those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will 12 Page 147 of 443 3-19-0094-057-2025 cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement(ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law. 33. National Airspace System Requirements a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System, including waiving permitting requirements and other restrictions affecting those activities to the maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities.The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System. b. If FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy, including: (1) additional conditions on the award; (2) consistent with 49 U.S.0 chapter 471,.any remedy permitted under 2 C.F.R. 200.339- 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the DOT; suspension or termination of the award; or suspension and debarment under 2 C.F.R. part 180; or (3) any other remedy legally available. c. (In imposing a remedy under this condition,the FAA may elect to consider the interests of only the FAA. d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-904). 34. Signage Costs for Construction Projects.The Sponsor agrees that it will require the prime contractor of a Federally-assisted airport improvement project to post signs consistent with a DOT/FAA- prescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025. 35. Title 8- U.S.C., Chapter 12, Subchapter II - Immigration.The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327,Aiding or assisting certain aliens to enter. 13 Page 148 of 443 3-19-0094-057-2025 SPECIAL CONDITIONS 36. Protection of Runway Protection Zone-Airport Property.The Sponsor agrees to prevent the erection or creation of any structure, place of public assembly, or other use in the Runway Protection Zone, as depicted on the Exhibit "A": Property Map, except for Navigational Aids (NAVAIDS)that are fixed by their functional purposes or any other structure permitted by the FAA. The Sponsor further agrees that any existing structures or uses within the Runway Protection Zone will be cleared or discontinued by the Sponsor unless approved by the FAA. 37. Protection of Runway Protection Zone- Easement.The Sponsor, under the easement, agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is an airport hazard or which might create glare or misleading lights or lead to the construction of residences,fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and stadiums. 38. Plans and Specifications Approval Based Upon Certification.The FAA and the Sponsor agree that the FAA's approval of the Sponsor's Plans and Specification is based primarily upon the Sponsor's certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA.The Sponsor understands that: a. The Sponsor's certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to published FAA airport development grant standards or to notify the FAA of any limitations to competition within the project; b. The FAA's acceptance of a Sponsor's certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; and c. If the FAA determines that the Sponsor has not complied with their certification statements,the FAA will review the associated project costs to determine whether such costs are allowable under this Grant and associated grants. 39. Buy American Executive Orders.The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. 14 Page 149 of 443 3-19-0094-057-2025 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances,terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' ............................................................................................................................................. (Signature of Sponsor's Authorized Official) Rodney N Joel ............................................................................................................................................. (Typed Name) Acting Director,Central Region Airports Division ............................................................................................................................................. (Title of FAA Official Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements)and could subject you to fines, imprisonment,or both. 15 Page 150 of 443 3-19-0094-057-2025 PART II-ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations,warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances,terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. 1 declare under penalty of perjury that the foregoing is true and correct.2 Dated City of Waterloo, Iowa ............................................................................................................................................ (Name of Sponsor) ............................................................................................................................................ (Signature of Sponsor's Authorized Official) By: ............................................................................................................................................ (Typed Name of Sponsor's Authorized Official) Title: ............................................................................................................................................ (Title of Sponsor's Authorized Official 2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements)and could subject you to fines, imprisonment,or both. 16 Page 151 of 443 3-19-0094-057-2025 CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Iowa . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§40101 et seq., and 48103; FAA Reauthorization Act of 2018 (P.L. 115-254); the Department of Transportation Appropriations Act, 2021 (P.L. 116-260, Division L);the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor,there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications,to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so,you may request to receive paper copies and withdraw your consent at any time. 1 declare under penalty of perjury that the foregoing is true and correct.3 Dated at By: (Signature of Sponsor's Attorney) s Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements)and could subject you to fines, imprisonment,or both. 17 Page 152 of 443 ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein,the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor,these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20)years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10)years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects.The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. 1 Page 153 of 443 C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements It will comply with all applicable Federal laws, regulations, executive orders, policies,guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable,to the type of organization of the Sponsor and any applicable sub-recipients.The applicable provisions to this agreement include, but are not limited to,the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle VII, as amended. b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act–29 U.S.C. § 201, et seq. d. Hatch Act–5 U.S.C. § 1501, et seq.Z e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §4601, et seq.' z f. National Historic Preservation Act of 1966–Section 106–54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974–54 U.S.C. § 312501, et seq.1 h. Native Americans Grave Repatriation Act–25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended–42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended–16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973–Section 102(a) -42 U.S.C. §4012a.1 I. 49 U.S.C. § 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973–29 U.S.C. § 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975–42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended–42 U.S.C. §4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978–Section 403–42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act–40 U.S.C. § 3701, et seq.1 u. Copeland Anti-kickback Act–18 U.S.C. §874.1 v. National Environmental Policy Act of 1969–42 U.S.C. §4321, et seq.' 2 Page 154 of 443 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended—16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984—31 U.S.C. § 7501, et seq.Z y. Drug-Free Workplace Act of 1988—41 U.S.C. §§8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58,Title VIII. cc. Build America, Buy America Act, P.L. 117-58,Title IX. dd. Endangered Species Act—16 U.S.C. 1531, et seq. ee. Title IX of the Education Amendments of 1972, as amended—20 U.S.C. 1681-1683 and 1685- 1687. ff. Drug Abuse Office and Treatment Act of 1972, as amended—21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended—42 U.S.C. §4541, et seq. hh. Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended—42 U.S.C. §4541, et seq. ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions—31 U.S.C. § 1352. EXECUTIVE ORDERS a. Executive Order 11990— Protection of Wetlands b. Executive Order 11988— Floodplain Management c. Executive Order 12372— Intergovernmental Review of Federal Programs d. Executive Order 12699—Seismic Safety of Federal and Federally Assisted New Building Construction' e. Executive Order 14005— Ensuring the Future is Made in all of America by All of America's Workers f. Executive Order 14149— Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151— Ending Radical and Wasteful Government DEI Programs and Preferencing h. Executive Order 14154— Unleashing American Energy i. Executive Order 14168— Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government j. Executive Order 14173— Ending Illegal Discrimination and Restoring Merit-Based Opportunity FEDERAL REGULATIONS a. 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement). 3 Page 155 of 443 b. 2 CFR Part 200 and 1201—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. c. 2 CFR Part 1200—Nonprocurement Suspension and Debarment. d. 14 CFR Part 13—Investigative and Enforcement Procedures. e. 14 CFR Part 16—Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150—Airport Noise Compatibility Planning. g. 28 CFR Part 35—Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3—U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1—Procedures for Predetermination of Wage Rates.' j. 29 CFR Part 3—Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.' k. 29 CFR Part 5—Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).' I. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor(Federal and Federally-assisted contracting requirements).' m. 49 CFR Part 20—New Restrictions on Lobbying. n. 49 CFR Part 21—Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23—Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24—Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.',' q. 49 CFR Part 26—Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27—Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.' s. 49 CFR Part 28—Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30—Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32—Governmentwide Requirements for Drug-Free Workplace (Financial Assistance). v. 49 CFR Part 37—Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38—Americans with Disabilities Act (ADA)Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41—Seismic Safety. 4 Page 156 of 443 FOOTNOTES To ASSURANCE(C)(1) 1 These laws do not apply to airport planning sponsors. Z These laws do not apply to private sponsors. 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance.Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. a Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary,to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5 Page 157 of 443 S. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to 49 U.S.C. §47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or,for a noise compatibility program project,that portion of the property upon which Federal funds have been expended,for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code,to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations,the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary,that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project.That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code,the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use,to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6 Page 158 of 443 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport,the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance-Management. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. §44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 7 Page 159 of 443 13. Accounting System,Audit,and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant,the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project.The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives,for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant.The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six(6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages,to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor(except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans,Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. §47112. However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and 8 Page 160 of 443 procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions.Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for: 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow,flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed 9 Page 161 of 443 as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport(including established minimum flight altitudes)will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action,to the extent reasonable, including the adoption of zoning laws,to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person,firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to: 1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates,fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates,fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable 10 Page 162 of 443 classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person,firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling)that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph,the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code,the Airport and Airway Improvement Act 11 Page 163 of 443 of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport;the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport,to support not only the airport but also the airport owner or operator's general debt obligations or other facilities,then this limitation on the use of all revenues generated by the airport(and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land,this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale.This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. §47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. §47107. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; 12 Page 164 of 443 b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. The airport owner or operator will maintain a current airport layout plan of the airport showing: 13 Page 165 of 443 1. boundaries of the airport and all proposed additions thereto,together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways,taxiways, aprons,terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. b. Subject to subsection 49 U.S.C. §47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect. c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration- 1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or 2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary,the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary; or 2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4); creed and sex per 49 U.S.C. §47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from,funds received from this Grant. a. Using the definitions of activity,facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e),the sponsor will facilitate all programs, operate all facilities, or 14 Page 166 of 443 conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities,these requirements extend to all of the sponsor's programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility,the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property,the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The ([sponsor name]), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex, age, or disability in consideration for an award." e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 15 Page 167 of 443 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants,transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts,the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time.That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or(2) transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes,the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such 16 Page 168 of 443 land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land.That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary.The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. §47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if(1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2)the revenue from interim uses of such land contributes to the financial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under(a), (b), or(c)will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies,feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies,Standards,and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, 17 Page 169 of 443 current FAA Advisory Circulars (https://www.faa.gov/sites/faa.gov/files/aip-pfc-checklist O.pdf) for AIP projects as of June 02, 2025. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property,to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition,the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26.The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts.The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. §47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 18 Page 170 of 443 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any,the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 40. Access to Leaded Aviation Gasoline a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with, 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees,that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. §46301(a)(8). 19 Page 171 of 443 Project Budget Summary Grant App (Based on Bid) (Lines 1 to 14 below follow those in FAA Form 5100-100 Part 111,Section B) Cost Classification Total I 1. Administration Expenses(estimated) $ 2,000 $ 2,000 4. Architectural/Engineering Basic Fees $ 158,900 $ 158,900 6. Project Inspection Fees $ 168,500 $ 168,500 11. Construction and Project Improvement Costs $ 1,991,868 $ 1,991,868 13. Miscellaneous Costs $ - $ - 14. Subtotal(lines 1 thru 13) $ 2,321,268 $ 2,321,268 15. Estimated Income(if applicable) $ - 16. Net Project Amount $ 2,321,268 17. Ineligible Costs $ - 18. Subtotal(Net less Ineligible) $ 2,321,268 FAA Participate Rate: 95% 19. Federal Share Requested $ 2,205,204 Grantee Share(Match) $ 116,064 Grantee Share(Ineligible) $ - 20. Grantee Share(Total) $ 116,064 21. Other Shares $ - 22. Total Project(match Subtotal) $ 2,321,268 Federal Funding by Type Total a. Cargo Entitlement $ $ - b. Non Primary Entitlement(NPE) $ $ C. Non Primary Entitlement(NPE)Exipiring $ - $ - d. Non Primary Entitlement(NPE)Transfers $ - $ - e. Passenger Entitlement $ 1,620,000 $ 1,620,000 f. Discretionary-Regular $ - $ - g. Discretionary-Supplemental(SD22,SD23,etc.) $ - $ - h. State Apportionment $ - $ - i. BIL Airport Improvement Grant(BIL AIG) $ - $ - j. BIL Airport Terminals Program(BIL ATP) $ - $ - k. BIL FAA Contract Tower(FCT)Competitive $ - $ - l. Other Federal Funds $ - $ - Federal Funding Available $ 1,620,000 $ 1,620,000 Federal Funding Estimated Need $ 2,205,204 Additional Federal Funding Need $ 585,204 Adjusted Grantee Share $ 701,268 Page 172 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Rudy Jones, Community Development Director July 21, 2025 Community Development Department AGENDA ITEM TITLE Resolution to accept the Community Development Block Grant award with the Iowa Department of Economic Development, Contract No. 20-CVE 016 in an amount not to exceed $126,500.00, 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. 2025 CDBG COVID19 Waterloo Award Letter Page 173 of 443 2. 20-CVE-016 Waterloo Contract Page 174 of 443 IOWA ECONOMIC DEVELOPMENT AUTHORITY I � WATM 1963 Bell Avenue,Suite 200 I pw es Moines,Joa 50315 USA I Phone:515.348.6200 iowaeda.com Economic Development June 30, 2025 Honorable Quentin Hart City of Waterloo 715 Mulberry Dr. Waterloo, IA 50703 SUBJECT: 2025 CDBG COVID19 Award (20-CVE-016) Dear Mayor Hart: I am pleased to inform you the Iowa Economic Development Authority (IEDA) has awarded the City of Waterloo a Community Development Block Grant-COVID19 (CDBG-CV) in an amount not to exceed $126,500. Your contract with respect to this award (the "Contract")will have a start date of June 1, 2025 pending successful contract negotiation and complete execution. Enclosed is the Contract between the City of Waterloo and IEDA. Please review the document thoroughly. Once signed, please return electronic signed copy to Kristin Honz at IEDA. Upon receipt of your signed contract, we will execute and upload a copy to IowaGrants.gov for your records. No HUD Funds or non-HUD funds may be committed to the project until the applicant has secured environmental approval from the State, as provided in HUD regulation 24 CFR Part 58. In addition, pending environmental approval and pursuant to 24 CFR Part 58.22(a), no grant recipient or participant in the development process, including contractors or sub-contractors, may undertake an activity that may limit the choice of reasonable alternatives. Such choice limiting actions include real property acquisition, conducting a competitive sealed bid process for the project, signing a construction contract, leasing, rehabilitation, repair, demolition, conversion, and construction. IF ANY CONDITIONS CONTAINED IN THIS LETTER ARE NOT SATISFIED IN THE SOLE DISCRETION OF IEDA, OR THE CONTRACT IS NOT FULLY EXECUTED BY August 15, 2025. THIS AWARD OF FUNDS SHALL BE RESCINDED, AND NO REIMBURSEMENT IS AVAILABLE FOR ANY COSTS INCURRED BY THE CONTRACT RECIPIENT WITH RESPECT TO THIS AWARD. If you have any questions, please contact your project manager, Sarah Plowman, at(515) 348-6213 or by e-mail at Sarah.Plowman@lowaEDA.com. IEDA looks forward to working with the City of Waterloo on its CDBG COVID19 project once all conditions to the award have been met and the contract is fully executed. Sincerely, `ebi am(Jun 30,2025 09:36 CDT) Debi Durham, Director cc: Angie Fordyce File: IowaGrants.gov ■///////////////////////////// GOVERNOR KIM REYNOLDS I LT GOVERNOR CHRIS COURNOYER I DIRECTOR DEB!DURHAM Page 175 of 443 IOWA ECONOMIC DEVELOPMENT AUTHORITY COMMUNITY DEVELOPMENT DIVISION FEDERAL GRANT SUBRECIPIENT AWARD SUMMARY PROJECT INFORMATION PROJECT TITLE: Waterloo (CDBG COVID19) TOTAL FEDERAL FUNDS AWARD TO RECIPIENT: $126,500 GRANT AWARD PERIOD: June 1, 2025 to May 31, 2026 FEDERAL AWARD PROJECT DESCRIPTION:CDBG COVID19 SUBRECIPIENT INFORMATION AGENCY NAME: City of Waterloo ADDRESS: 715 Mulberry, Waterloo, IA 50703 UEI (UNIQUE ENTITY IDENTIFIER): QFUUVJ8QTDN3 SUBRECIPIENT'S INDIRECT COST RATE: N/A FEDERAL FUNDS INFORMATION FEDERAL FUNDING ENTITY: U.S. Department of Housing and Urban Development FEDERAL PROGRAM NAME: Community Development Block Grant FEDERAL AWARD NUMBER: B-20-DW-19-0001 FEDERAL AWARD DATE: 07.21.2020 CATALOGUE OF FEDERAL DOMESTIC ASSISTANCE: 14.228 TOTAL FEDERAL AWARD AMOUNT: $31,367,906.00 AWARD FOR RESEARCH AND DEVELOPMENT: NO IOWA ECONOMIC DEVELOPMENT AUTHORITY COMMUNITY VITALITY DIVISION INFORMATION CONTACT PERSON: Nichole Hansen E-MAIL ADDRESS: nichole.hansen@iowaeda.com TELEPHONE NUMBER: (515) 348-6215 This information is provided as a requirement of 2 CFR 200.331 Requirements for pass-through entities. All requirements imposed by the Federal entity and passed on to IEDA. In turn IEDA passes on to the subrecipient all requirements imposed by the Federal entity and that the Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award. Page 176 of 443 IOWA ECONOMIC DEVELOPMENT AUTHORITY I n WATM 1963 Bell Avenue,Suite 200 I Des Moines,Iowa 50315 USA I Phone:515.348.6200 iowaeda.com Economic Development REQUIRED ACKNOWLEDGEMENT OF ENVIRONMENTAL REVIEW REQUIREMENTS By signing below, I hereby acknowledge that I accept and understand that no construction or other choice limiting actions may be commenced in relation to any portion or aspect of this project, regardless of the funding source, prior to the grant recipient, (city or county) receiving a formal Release of Funds letter from the offices of the Iowa Economic Development Authority (IEDA). Choice limiting actions include not only actual traditional construction activities but also the purchase or lease of land or structures, bid letting (any advertisement of bids), signing construction contracts of any kind, rehabilitation, repair, remodeling, demolition, conversion, and any phase of construction activity whatsoever. Release of Funds letters will be issued only upon proper completion and submittal of the appropriate level of Environmental Review Record (ERR)for the project to IEDA through the iowagrants.gov system. I understand that violation of this federal rule by taking any prohibited action as outlined above prior to the receipt of a Release of Funds letter from IEDA is likely to result in the forfeiture of CDBG grant monies awarded. Signed: Date: Mayor or County Chairperson Print Name: Signed: Date: Grant Administrator Print Name: Signed: Date: Subrecipient Entity (if applicable) Print Name: We strongly suggest that you please share this form with any engineers or architects involved in the project. Note: Following execution and dating this form must be uploaded into the "Required Uploads" component for your respective grant project in the iowagrants.gov system. No claim for grant funds will be processed until this task is completed. 000000000000000000000000000000 GOVERNOR KIM REYNOLDS I LT GOVERNOR CHRIS COURNOYER I DIRECTOR DEBI DURHAM Page 177 of 443 IOWA ECONOMIC DEVELOPMENT AUTHORITY ENTITLEMENT COMMUNITY DEVELOPMENT BLOCK GRANT COVID-19 PROGRAM CONTRACT RECIPIENT: City of Waterloo CONTRACT NUMBER:20-CVE-016 EFFECTIVE DATE:June 1, 2025 AWARD AMOUNT: $126,500 END DATE: May 31, 2026 THIS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COVID-19("CDBG-CV")CONTRACT is made by and between the IOWA ECONOMIC DEVELOPMENT AUTHORITY, 1963 Bell Ave,Suite 200, Des Moines, Iowa 50315 ("Authority") and "Recipient", effective as of the date stated above. WHEREAS,the Authority is designated to receive,administer,and disburse CDBG-CV funds;and WHEREAS,the Authority desires to disburse grant funds to the Recipient for eligible purposes primarily benefiting low and moderate income persons, eliminating slums and blight, or meeting community development needs having particular urgency; and WHEREAS,the Recipient submitted an Application for funding to the Authority and the Authority has approved the Application; and WHEREAS, in approving the Application the Authority has relied upon the Recipient's representations of proposed Project activities, management and financial condition of the Recipient, investment of other Project funds, and other material information contained therein; and WHEREAS,the Recipient has certified to the Authority that the primary purpose for obtaining CDBG-CV funds is to primarily benefit low-and moderate- income persons, eliminate slums and blight, or meet community development needs having a particular urgency; NOW,THEREFORE,the Recipient accepts this grant upon the terms and conditions set forth in this Contract. In consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed as follows: ARTICLE 1 DEFINITIONS As used in this Contract,the following terms shall apply: 1.1 ACT. Act means Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.) and the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act. 1.2 ACTIVITY. "Activity" means the description of eligible work, services, and other accomplishments, as authorized by Section 105 of the "Act" and as further defined in 24 CFR 570.482, as revised April 1, 1997.Activities were submitted by the Recipient to the Authority in its request for CDBG- CV funds. Activities can be found in the line items in the Recipient's "Budget Activity" in IowaGrants.gov account and have specific performance targets. Page 178 of 443 1.3 ADMINISTRATIVE CODE. "Administrative Code"means 261 Iowa Administrative Code,Chapter 23. Iowa Administrative Code is the composite of all rules adopted and administered by the executive branch to implement state law and policy. 1.4 ALLOWABLE COSTS. "Allowable Costs" are those costs which are identified in the "Budget Activity",Application, and consistent with Federal regulations and guidelines applicable to the CDBG-CV program. 1.5 APPLICATION. "Application" is the Application the Recipient submitted to the Authority for CDBG-CV funds. 1.6 BUDGET. "Budget" means the "Budget Activity" as found in the Recipient's IowaGrants.gov account. 1.7 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COVID-19(CDBG-CV). "Community Development Block Grant Program" means the grant program authorized by Title I of the Housing and Community Development Act of 1974, as amended and the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act 1.8 CONTRACT. "Contract" means this Contract and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Contract and all other instruments or documents executed by the Recipient or otherwise required in connection with the Contract, including the CDBG-CV grant Application together with any related submittal documents. 1.9 END DATE. "End Date" means the date the Contract ceases to be in force and effect. The Contract expires upon the occurrence of one of the following: a)the Recipient fulfills the conditions and Project activities agreed to herein as of the end date stated above; or b)the Contract is terminated by the Authority due to any default under Article 9.1; or c)the Contract is terminated in accordance with provisions set forth in Sections 8 and 9 of the General Provisions, Attachment A of this Contract. 1.10 GRANT. "Grant" means the award of CDBG-CV funds to the Recipient for Project activities. 1.11 HUD. "HUD" means the U.S. Department of Housing and Urban Development. 1.12 IOWAGRANTS.GOV. "Iowa Grants.gov" means Iowa's Funding Opportunity Search and Grant Management System. This system allows grant applicants and recipients to electronically apply for and manage grants received by the state of Iowa. Persons accessing the system for this purpose are required to register online at www.lowaGrants.gov. 1.13 LOW-AND MODERATE-INCOME FAMILIES. "Low-and Moderate-Income Families" means those families earning no more than 80 percent of the higher of the median family income of the county or the statewide nonmetropolitan area as determined by the latest U.S. Department of Housing and Urban Development, HOME income guidelines. Unrelated individuals living together shall be considered as one-person families for this purpose. 1.14 LOW-AND MODERATE-INCOME PERSONS. "Low-and Moderate-Income Person" means a member of a low-and moderate-income family as defined above. Page 179 of 443 1.15 PROJECT. "Project" means the totality of"Activity",to be performed by the Recipient as described in the application the Recipient submitted in IowaGrants.gov and approved by the Authority. 1.16 RECIPIENT. "Recipient" means the entity identified above that has been selected to receive Program funds to undertake the funded Project and agrees to comply with all applicable CDBG requirements, including those found in Title I of the Housing and Community Development Act of 1974 (42 USC 5302 et seq.),the CDBG program regulations at 24 CFR part 570, and any other HUD funded program as applicable including the CARES Act. For purposes of this agreement the "Recipient" shall also be considered to meet the definition and qualifications as a "Subrecipient" as defined in 2 CFR 200.93 and 2 CFR 200.330 and agrees to receive this " Subaward" as defined in 2 CFR 200.92. ARTICLE 2 FUNDING 2.1 FUNDING SOURCE. The source of funding for the Grant is the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act. 2.2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Authority of sufficient Federal funds for the CDBG-CV program. Any termination, reduction or delay of CDBG funds to the Authority shall, at the option of the Authority, result in the termination, reduction or delay of CDBG funds to the Recipient. 2.3 PRIOR COSTS. If any Recipient has received written approval from the Authority to incur certain costs prior to the Effective Date of this Contract, then said written approval and the terms and conditions therein are incorporated herein and made a part of this Contract by this reference as if fully set forth. Any such costs incurred prior to the Effective Date of this Contract are subject to the Special Conditions and General Conditions of this Contract. 2.4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT. If the total award amount has not been requested by the Recipient within sixty(60) days after the End Date,then the Authority shall be under no obligation for further disbursement. The Authority may allow access to funds after this time for allowable costs associated with the conduct of the audits required in Article 2.0 of the General Provisions,Attachment A to this Contract. 2.5 EXPENDITURE REQUIREMENT. By May 31, 2026,one hundred percent of the awarded CDBG-CV funds must be claimed in the IowaGrants system for eligible expenses. 2.6 SEVENTY PERCENT OF FUNDS TO BE SPENT ON LOW-TO MODERATE INCOME NATIONAL OBJECTIVE. By the end of the contract,the recipient must demonstrate in a manner provided for by the Authority that seventy percent of the funds was spent to meet the low-to moderate income national objective. Page 180 of 443 ARTICLE 3 TERMS OF GRANT 3.1 TIME OF PERFORMANCE. The services of the Recipient are to commence as of the Effective Date and shall be undertaken in such a manner as to assure their expeditious completion. All of the services required hereunder shall be completed on or before the End Date. 3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to be paid to the Recipient by the Authority for any item of work or service shall conform to the "Budget Activity" as found in the Recipient's IowaGrants.gov account. It is further understood and agreed that the total of all payments to the Recipient by the Authority for all work and services required under this Contract shall not exceed the Award Amount unless modified by written amendment of this Contract as provided for in Section 1.0 of the General Provisions,Attachment A. 3.3 ADMINISTRATION. This Contract shall be administered in accordance with "Administrative Code" and all applicable State and Federal laws and regulations, including the Iowa Community Development Block Grant Management Guide, which has been distributed by the Authority to the Recipient. 3.4 SATISFACTORY PERFORMANCE. All projects will be evaluated using CDBG regulations and the additional requirements found in FR-6218-N-01: Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for CDBG-CV Grants, FY 2019 and 2020 CDBG Grants, and for Other Formula Programs. 3.5 DUPLICATION OF BENEFITS. All projects will be evaluated to ensure that there are adequate procedures in place to prevent any duplication of benefits as required by section 312 of the Stafford Act, as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; 42 U.S.C. 5121 et seq.). The Recipient must adopt the Duplication of Benefits policies and procedures as provided by the Authority or create its own policies and procedures for implementation of CDBG- CV funds. If the Recipient uses its own policies and procedures, it must clearly define how the entity will research potential Duplication of Benefits, calculate the Duplication of Benefits and collect all documentation for each project activity. The Recipient's Duplication of Benefits policies and procedures must be approved by the Authority before CDBG-CV funds will be released. Per the Authority's Duplication of Benefits policies and procedures, at least one activity has been identified as low risk for Duplication of Benefits. 3.6 PRE-AGREEMENT COSTS. Pre-agreement and pre-award costs are reimbursable with prior approval from IEDA. Costs incurred before March 9, 2020 will not be reimbursed. On this date, the Governor made a Proclamation of Disaster Emergency to coordinate the State of Iowa's response to the Novel Coronavirus 2019 (COVID-19) outbreak. Recipient shall comply with all environmental requirements set out at 24 CFR 58. If the Recipient does not comply with all requirements at 24 CFR Page 181 of 443 Part 58 and cannot demonstrate there was no harm to the environment, IEDA will not reimburse pre-agreement or pre-award costs ARTICLE 4 PERFORMANCE TARGET ACHIEVEMENT 4.1 PERFORMANCE TARGETS. By the End Date,the Recipient shall have accomplished the activities and performance targets as described in the "Budget Activity", and as further elaborated in the Application, as approved by the Authority. 4.2 DETERMINATION OF CONTRACT PERFORMANCE. The Authority has the final authority to assess whether the Recipient has met their performance targets by the End Date. The Authority shall determine completion according to the performance targets set forth in the "Budget Activity". The Authority reserves the right to monitor and measure at any time during and after the Contract term the achievement of the performance targets. ARTICLE 5 USE OF FUNDS 5.1 GENERAL. The Recipient shall perform in a satisfactory and proper manner, as determined by the Authority,the work activities and services as written and described in the approved grant proposal (Application) as summarized in the Recipient's approved Community Development Block Grant"Budget Activity". 5.2 PROGRAM INCOME. Proceeds generated from the use of CDBG funds are considered program income when the total amount received by the Recipient in a fiscal year exceeds$35,000, at which time the entire$35,000 and excess are considered program income. Prior to the End Date, all program income shall be expended prior to requesting additional CDBG funds. Program income received by the Recipient after the End Date shall be returned to the Authority unless the Recipient has submitted, and the Authority has approved, a re-use plan. If applicable, any CDBG proceeds derived from an approved Revolving Loan Fund are considered program income, regardless of the amount received in any year. 5.3 BUDGET REVISIONS. Budget revisions shall be subject to prior approval of the Authority through the contract amendment process. Budget revisions shall be compatible with the terms of this Contract and of such a nature as to qualify as an allowable cost. Budget revisions requested during the final ninety(90) days of the Contract period will be approved by the Authority only if it determines that the revisions are necessary to complete the Project. 5.5 COST VARIATION. (a) In the event that the total Project cost is less than the amount specified in the Agreement and the "Budget Activity",the CDBG participation shall be reduced at the same ratio to the total Project cost Page 182 of 443 reduction as the original ratio of the CDBG funds to the total Project costs. Any disbursed excess above the reduced CDBG participation amount shall be returned immediately to the Authority. (b) In the event that the total Project cost is greater than the amount specified in the "Budget Activity",the Authority shall, upon request,consider increasing the CDBG participation in the same ratio to the total increase in Project cost as the original ratio of CDBG funds to the total Project costs. The consideration of an increase of CDBG funds for a Project shall be subject to availability of funds, determination of reasonable and allowable costs, and all other applicable program rules. (c) The Recipient may request the Authority to increase the CDBG participation to an amount that is higher than the proportional ratio. The Authority may permit such a higher increase if, in the Authority's judgment,the Recipient has demonstrated financial hardship. ARTICLE 6 CONDITIONS TO DISBURSEMENT OF FUNDS Unless and until the following conditions have been satisfied,the Authority shall be under no obligation to disburse to the Recipient any amounts under this Contract: 6.1 CONTRACT EXECUTED. The Contract shall have been properly executed and,where required, acknowledged. 6.2 COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION REQUIREMENTS. Funds shall not be released under this Contract until the Recipient has satisfied the environmental review and release of funds requirements set forth in 24 CFR Part 58, "Environmental Review Procedures for the Community Development Block Grant Program" ("Release of Funds"), and summarized in the Iowa CDBG Management Guide. In addition, construction contracts for non-exempt activities shall not be executed and construction shall not begin prior to providing the Authority with documentation of the Recipient's compliance with Section 106 of the National Historic Preservation Act and 36 CFR Part 800, "Protection of Historic Properties." The Recipient shall comply with any programmatic Memorandum of Understanding between the Iowa Economic Development Authority and the Iowa State Historic Preservation Office, applicable to any activities included in this contract. 6.3 PERMITS AND LICENSES. The Authority reserves the right to withhold funds until the Authority has reviewed and approved all material, such as permits or licenses from other state or Federal agencies, which may be required prior to Project commencement. 6.4 EXCESSIVE FORCE POLICY. The Authority, prior to release of funds under this Contract, shall review and approve the Recipient's policy on protecting individuals engaged in nonviolent civil rights demonstrations from the use of excessive force by law enforcement agencies within its jurisdiction, and enforcing state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction,consistent with the provisions of Section 906 of the National Affordable Housing Act of 1990 and Subsection 104(1) of the Housing and Community Development Act of 1974, as amended. 6.5 RESIDENTIAL ANTI/DISPLACEMENTAND RELOCATION ASSISTANCE PLAN APPROVAL. The Authority, prior to Release of Funds under this Contract,shall review and approve the Recipient's Page 183 of 443 Residential Anti/Displacement and Relocation Assistance Plan,consistent with the requirements of Section 104(d) of the Housing and Community Development Act of 1974, as amended. 6.6 EQUAL OPPORTUNITY POLICY. The Authority, prior to Release of Funds under this Contract, shall review and approve the Recipient's equal opportunity policy, consistent with Section 109 of the Housing and Community Development Act of 1974 as amended. 6.7 PROCUREMENT POLICY. The Authority, prior to Release of Funds under this Contract, shall review and approve the Recipient's procurement policy, consistent with 2 CFR 200.318. 6.8 FAIR HOUSING POLICY. The Authority, prior to Release of Funds under this Contract, shall review and approve the Recipient's fair housing policy, consistent with Section 109 of the Housing and Community Development Act of 1974 as amended. 6.9 CODE OF CONDUCT. The Authority, prior to Release of Funds under this Contract, shall review and approve the Recipient's code of conduct, consistent with 2 CFR 200.318. 6.10 CONDITIONS TO DISBURSEMENT FOR A SPECIFIC ACTIVITY. For each activity number listed below,the Recipient shall comply with the corresponding applicable conditions prior to Release of Funds for that activity. 6.11 SUBRECIPIENT AGREEMENT. For each activity utilizing a non-profit for implementation the Recipient shall upload an executed subrecipient agreement to IowaGrant.gov. No funds will be released for that activity unless the required subrecipient agreement has been uploaded. All subrecipient agreements must include Duplication of Benefits requirements and a claw back provision. 6.12 DUPLICATION OF BENEFITS POLICY.The recipient shall upload a Duplication of Benefits Policy that has been approved by the City. No funds will be released for that activity unless the required policy has been uploaded and approved by the Authority. ARTICLE 7 REPRESENTATIONS AND WARRANTIES OF RECIPIENT To induce the Authority to make the Grant referred to in this Contract,the Recipient represents, covenants and warrants that: Page 184 of 443 7.1 AUTHORITY. The Recipient is duly authorized and empowered to execute and deliver the Contract.All required actions on the Recipient's part, such as appropriate resolution of its governing board for the execution and delivery of the Contract, have been effectively taken. 7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the Project provided to the Authority are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the Effective Date of the statements and related materials, and no material adverse change has occurred since that date. 7.3 APPLICATION. The contents of the Application the Recipient submitted to the Authority for funding is a complete and accurate representation of the Project as of the date of submission and there has been no material adverse change in the organization, operation, or key personnel of the Recipient since the date the Recipient submitted its Application to the Authority. 7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or,to the knowledge of the Recipient,threatened against the Recipient affecting in any manner whatsoever their rights to execute the Contract or the ability of the Recipient to make the payments required under the Contract,or to otherwise comply with the obligations of the Contract. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or,to the knowledge of the Recipient, threatened against or affecting the Recipient or any property involved in the Project. 7.5 PRIOR AGREEMENTS. The Recipient has not entered into any verbal or written contracts, agreements or arrangements of any kind which are inconsistent with the Contract. 7.6 EFFECTIVE DATE. The covenants, warranties and representations of this Article are made as of the Effective Date of this Contract and shall be deemed to be renewed and restated by the Recipient at the time of each advance or request for disbursement of funds. ARTICLE 8 COVENANTS OF THE RECIPIENT 8.1 AFFIRMATIVE COVENANTS. Until the Project has been closed out, audited, and approved by the Authority,the Recipient covenants with the Authority that: (a) PROJECT WORK AND SERVICES. The Recipient shall perform the work and services detailed in the "Budget Activity" by the End Date. (b) REPORTS. The Recipient shall prepare, review and sign the requests and reports as specified below in the form and content specified by the Authority. The Recipient shall review all Requests for Payment and verify that claimed expenditures are allowable costs. The Recipient shall maintain documentation adequate to support the claimed costs. After the Recipient has submitted its 1st Request for Payment the Recipient, shall continue to submit Request for Payment at least semiannually for each "Budget Activity". Page 185 of 443 The Authority reserves the right to require more frequent submission of the Activity Status Report than as shown below if, in the opinion of the Authority, more frequent submissions would help improve the Recipient's CDBG-CV program. REPORT FREQUENCY Request for Payment/Activity Status Report At least every 6 months Section 3 Annually(if applicable) Updates to the Applicant/Recipient Disclosure As needed due to changes Report Form 3-D, Income and Ethnicity of recipients Quarterly or more frequently as directed by IEDA Single Audit Form Within 30 days of audit completion (c) RECORDS. The Recipient shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues received under this Contract in sufficient detail to reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature,for which payment is claimed under this Contract.The Recipient shall maintain books, records and documents in sufficient detail to demonstrate compliance with the Contract and shall maintain these materials for the greater of three years after the date the recipient is notified that the state CDBG contract has been closed with HUD, or the period required by other applicable laws and regulations as described in §570.487 and § 570.488. Records shall be retained beyond the prescribed period if any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In these instances,the records shall be retained until the litigation, audit or claim has been finally resolved. (d) ACCESS TO RECORDS/INSPECTIONS. The Recipient shall, without prior notice and at any time, permit HUD or its representatives, the General Accounting Office or its representatives, and the Authority, its representatives or the State Auditor,to examine, audit and/or copy(i)any plans and work details pertaining to the Project, (ii) any or all of the Recipient's books, records and accounts, and (iii) all other documentation or materials related to this Contract.The Recipient shall provide proper facilities for making such examination and/or inspection. (e) USE OF GRANT FUNDS. The Recipient shall expend funds received under the Contract only for the purposes and activities described in its CDBG Application,this Contract and as approved by the Authority. (f) DOCUMENTATION. The Recipient shall deliver to the Authority, upon request, (i) copies of all contracts or agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, and (iv) budgets and revisions showing estimated Project costs and funds required at any given time to complete and pay for the Project. (g) NOTICE OF PROCEEDINGS. The Recipient shall promptly notify the Authority of the initiation of any claims, lawsuits or proceedings brought against the Recipient. Page 186 of 443 (h) INDEMNIFICATION. The Recipient shall indemnify and hold harmless the Authority, its officers and employees from and against any and all losses in connection with the Project. (i) NOTICE TO AUTHORITY. In the event the Recipient becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, or any other similar occurrence,the Recipient shall promptly notify the Authority. (j) CERTIFICATIONS. The Recipient certifies and ensures that the Project will be conducted and administered in compliance with all applicable Federal and State laws, regulations and orders. Certain statutes are expressly made applicable to activities assisted under the Act by the Act itself, while other laws not referred to in the Act may be applicable to such activities by their own terms. The Recipient certifies and assures compliance with the applicable orders, laws and implementing regulations, including but not limited to, the following: (i) Financial Management guidelines issued by the U.S. Office of Management and Budget, OMB 2 CFR part 200, subpart E. (ii) Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.), and regulations which implement these laws. (iii) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88-352; 42 U.S.C. 2000d et seq.);Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90-284; 42 U.S.C. 3601 et seq.); the Iowa Civil Rights Act of 1965; Chapter 1913.7, Code of Iowa, and Iowa Executive Order#34, dated July 22, 1988; Iowa Code Chapter 216, Presidential Executive Order 11063,as amended by Executive Order 12259; Presidential Executive Order 11246, as amended by Presidential Executive Order 11375; Section 504 of the Vocational Rehabilitation Act of 1973 as amended (29 U.S.C. 794);the Age Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq.); the Americans with Disabilities Act, as applicable, (P. L. 101-336,42 U.S.C. 12101-12213); and related Civil Rights and Equal Opportunity statutes; and regulations which implement these laws. (iv) Fair Housing Act, Public Law 90-284.The Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 as amended (42 U.S.C. 3601 et seq.); Section 109 of the Title I of the Housing and Community Development Act of 1974, as amended; Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u); and regulations which implement these laws. (v) Department of Housing and Urban Development regulations governing the CDBG program, 24 Code of Federal Regulations, Part 570. (vi) Section 102 of the Department of Housing and Urban Development Reform Act of 1989 (P.L. 101 235), and implementing regulations. (vii) Requirements for the Notification, Evaluation, and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule (24 CFR Part 35, et al.); Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821 -4846), as amended, and implementing regulations. Page 187 of 443 (viii) Davis-Bacon Act, as amended (40 U.S.C. 276a -276a-5),where applicable under Section 110 of the Housing and Community Development Act of 1974, as amended; Contract Work Hours and Safety Standards Act(40 U.S.C. 327 et seq.); the Copeland Anti-Kickback Act (18 U.S.C. 874); and regulations which implement these laws. (ix) National Environmental Policy Act of 1969 and implementing regulations. (x) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (URA)(42 U.S.C. 4601-4655) and implementing regulations; Section 104(d) of the Housing and Community Development Act of 1974, as amended,governing the residential anti-displacement and relocation assistance plan; and Section 105(a)(11) of the Housing and Community Development Act of 1974, as amended, governing optional relocation assistance. (xi) Administrative rules adopted by the Iowa Economic Development Authority, 261 Iowa Administrative Code. (xii) Financial and Program Management guidelines issued by the Iowa Economic Development Authority; the Iowa CDBG Management Guide; and the Authority Audit Guide. (xiii) Government-wide Restriction on Lobbying Certification [Section 319 of Public Law 101-121] and implementing regulations. (xiv) Fair Labor Standards Act and implementing regulations. (xv) Hatch Act(regarding political partisan activity and Federally funded activities) and implementing regulations. (xvi) Citizen participation, hearing and access to information requirements found under sections 104(a)(2) and 104(a)(3) of Title I of the Housing and Community Development Act of 1974, as amended. (xvii) Subsection 104(1) of Title I of the Housing and Community Development Act of 1974, as amended, regarding the prohibition of the use of excessive force in nonviolent civil rights demonstrations and the enforcement of state and local laws on barring entrance to or exit from facilities subject to such demonstrations. (xviii) Drug-Free Workplace Act. (k) MAINTENANCE OF ACTIVITY PROPERTY AND INSURANCE. The following provision shall apply to the project as appropriate. The Recipient and any subrecipient shall maintain the Project property in good repair and condition, ordinary wear and tear excepted, and shall not suffer or commit waste or damage upon the Project property. The Recipient or subrecipient shall pay for and maintain insurance as is customary in its industry. This insurance shall be in an amount not less than the full insurable value of the Project property. The subrecipient shall name the Recipient and Authority as mortgagees and/or an additional loss payees,as appropriate. The Recipient shall name the Authority as a mortgagee and/or an additional loss payee, as appropriate. The Recipient or subrecipient shall maintain copies of the policies as appropriate. Page 188 of 443 8.2 NEGATIVE COVENANTS. During the Contract term the Recipient covenants with the Authority that it shall not,without the prior written disclosure to and prior written consent of the Authority, directly or indirectly: (a) ASSIGNMENT. Assign its rights and responsibilities under this Contract. (b) ADMINISTRATION. Discontinue administration activities under the Contract. ARTICLE 9 DEFAULTAND REMEDIES 9.1 EVENTS OF DEFAULT. The following shall constitute Events of Default under this Contract: (a) MATERIAL MISREPRESENTATION. If at any time any representation,warranty or statement made or furnished to the Authority by, or on behalf of,the Recipient in connection with this Contract or to induce the Authority to make a grant to the Recipient shall be determined by the Authority to be incorrect,false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to the Authority's satisfaction within thirty (30) days after written notice by the Authority is given to the Recipient. (b) NONCOMPLIANCE. If there is a failure by the Recipient to comply with any of the covenants, terms or conditions contained in this Contract. (c) END DATE. If the Project, in the sole judgment of the Authority, is not completed on or before the End Date. (d) MISSPENDING. If the Recipient expends Grant proceeds for purposes not described in the Application, this Contract, or as authorized by the Authority. (e) INSURANCE. If loss,theft, damage, or destruction of any substantial portion of the property of the Recipient occurs for which there is either no insurance coverage or for which, in the opinion of the Authority,there is insufficient insurance coverage. This provision applies to the project as appropriate. 9.2 NOTICE OF DEFAULT. In the event of default,the Authority shall issue a written notice of default providing therein a fifteen (15) day period in which the Recipient shall have an opportunity to cure, provided that cure is possible and feasible. 9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure,the default remains,the Authority shall have the right in addition to any rights and remedies specifically to it to do one or more of the following: (a) exercise any remedy provided by law, (b) require immediate repayment of up to the full amount of funds disbursed to the Recipient under this Contract plus interest. Page 189 of 443 9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Recipient is determined by the Authority to be in default of this Contract due to meeting less than one hundred percent(100%) of its Performance Targets,the Authority may require full Grant repayment or, at its discretion,the Authority may require partial repayment of Grant proceeds which allows partial credit for the performance targets which have been met, or the Authority may require other remedies that the Authority determines to be appropriate. For Housing rehabilitation projects only, performance targets shall include income targeting and affordability requirements as required in 261 Administrative Code 25.4(1). ARTICLE 10 INCORPORATED DOCUMENTS 10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Recipient shall comply with the terms and conditions of the following documents which are hereby incorporated by reference: (a) Budget Activity,as found in Recipient's IowaGrants.gov account. (b) IEDA's Entitlement CDBG-CV Guidelines (c) Application, "CDBG-CV Application",as found in Recipient's IowaGrants.gov account. (d) Attachment A, "CDBG Program General Provisions", dated October 3, 2018. (e) Duplication of Benefits Policy and Procedures (f) "Iowa Community Development Block Grant Management Guide", as found on the Authority's website at https://opportunitviowa.gov/community/community-infrastructure/cdbg- resources/management-guide. 10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this Contract,the following order of priority shall govern: (a) Articles 1 through 11 herein. (b) Attachment A, "CDBG Program General Provisions", dated October 3,2018. (c) Budget Activity, as found in Recipient's IowaGrants.gov account. (d) Duplication of Benefits Policy and Procedures (e) IEDA's Entitlement CDBG-CV Guidelines (f) Application, "CDBG Application",as found in Recipient's IowaGrants.gov account. (e) "Iowa Community Development Block Grant Management Guide",as found on the Authority's website at https://opportunitviowa.gov/community/community-infrastructure/cdbg- resources/management-guide. ARTICLE 11 MISCELLANEOUS 11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Recipient shall request Project funds only as needed and shall not have more than five hundred dollars ($500.00)of Grant proceeds, including earned interest, on hand for a period of longer than ten (10)working days, after which time any surplus amount shall be returned to the Authority. Page 190 of 443 11.2 BINDING EFFECT. This Contract shall be binding upon and shall inure to the benefit of the Authority and Recipient and their respective successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgments,waivers, agreements,terms, provisions and conditions of this Contract shall be jointly and severally enforceable against the parties to this Contract. 11.3 SURVIVAL OF CONTRACT. If any portion of this Contract is held to be invalid or unenforceable, the remainder shall be valid and enforceable. The provisions of this Contract shall survive the execution of all instruments herein mentioned and shall continue in full force until the Project is completed as determined by the Authority. 11.4 GOVERNING LAW. This Contract shall be interpreted in accordance with the laws of the State of Iowa, and any action relating to the Contract shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 11.5 NOTICES. Whenever this Contract requires or permits any funding request, notice, report, or written request by one party to another, it shall be in delivered through IowaGrants.gov.Alternately the Authority may rely on the United States Mail as the Authority deems appropriate.Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or two (2) business days after posting. The Authority may rely on the address of the Recipient set forth heretofore, as modified from time to time, as being the address of the Recipient. 11.6 WAIVERS. No waiver by the Authority of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Authority in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by the Authority shall preclude future exercise thereof or the exercise of any other right or remedy. 11.7 LIMITATION. It is agreed by the Recipient that the Authority shall not, under any circumstances, be obligated financially under this Contract except to disburse funds according to the terms of the Contract. 11.8 HEADINGS. The headings in this Contract are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Contract. 11.9 INTEGRATION. This Contract contains the entire understanding between the Recipient and the Authority and any representations that may have been made before or after the signing of this Contract, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Contract. 11.10 COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 11.11 IOWAGRANTS.GOV.The Authority reserves the right to require the Recipient to utilize the IowaGrants.gov system to conduct business associated with this Contract. IN WITNESS WHEREOF,the parties have executed this Contract as of the Effective Date first stated. Page 191 of 443 RECIPIENT: BY: Mayor Typed or Printed Name and Title IOWA ECONOMIC DEVELOPMENT AUTHORITY: BY: Deborah V. Durham, Director Page 192 of 443 ATTACHMENT A GENERAL PROVISIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1.0 AMENDMENT. (a) WRITING REQUIRED. The Contract will only be amended through written prior approval of the Authority through IowaGrants.gov. Examples of situations where amendments are required include extensions for completion of Project activities, changes to the Project including, but not limited to, alteration of existing approved activities or inclusion of new activities. (b) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above,the Authority may unilaterally modify the Contract at will in order to accommodate any change in the Act or any change in the interpretation of the Act or any applicable Federal, State or local laws, regulations, rules or policies. A copy of such unilateral modification will be given to the Recipient as an amendment to this Contract. (c) AUTHORITY REVIEW. The Authority will consider whether an amendment request is so substantial as to necessitate reevaluating the Authority's original funding decision on the Project. An amendment will be denied if it substantially alters the circumstances under which the Project funding was originally approved; if it does not meet requirements set forth in Iowa Administrative Code 261-23, as applicable; or if it conflicts with the Program Rules. 2.0 AUDIT REQUIREMENTS. (a) SINGLE AUDIT. The Recipient shall ensure that an audit is performed in accordance with the Single Audit Act Amendment of 1996; OMB 2 CFR part 200, subpart E; and OMB 2 CFR part 200, subpart F, as applicable; and the Iowa CDBG Management Guide. (b) ADDITIONAL AUDIT. As a condition of the grant to the Recipient,the Authority reserves the right to require the Recipient to submit to a post Project completion audit and review in addition to the audit required above. 3.0 COMPLIANCE WITH LAWS AND REGULATIONS. The Recipient shall comply with all applicable State and Federal laws, rules, ordinances, regulations and orders including all Federal laws and regulations described in 24 CFR subpart K. 4.0 UNALLOWABLE COSTS. If the Authority determines at any time, whether through monitoring, audit, closeout procedures or by other means or process,that the Recipient has expended funds which are unallowable,the Recipient will be notified of the questioned costs and given an opportunity to justify questioned costs prior to the Authority's final determination of the disallowance of costs. Appeals of any determinations will be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is the Authority's final determination that costs previously paid by the Authority are unallowable under the terms of the Contract,the expenditures will be disallowed and the Recipient will repay to the Authority any and all disallowed costs. Real property under the Recipient's control in excess of$25,000 and equipment that was acquired or improved in whole or in part with CDBG funds Page 193 of 443 shall be used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five(5)years after expiration of the Agreement. If Recipient fails to use CDBG assisted real property that meets a National Objective during the five (5)year period the Recipient shall pay IEDA an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition or improvement to the real property. 5.0 PROGRAM INCOME. All program income, as defined in 2 CFR part 200, subpart E; 24 CFR 570.489; and Iowa Administrative Code 261-23, if applicable; shall be added to the Project "Budget Activity" and used to further eligible Project objectives as defined in the Contract and the "Budget Activity" in the CDBG Application for funding. Program income not used to further Project objectives will be deducted from the total Project "Budget Activity" for the purpose of determining the amount of reimbursable costs under the Contract. In cases of dispute, final decisions regarding the definition or disposition of program income shall be made by the Authority. 6.0 INTEREST EARNED. To the extent that interest is earned on advances of CDBG funds,this interest shall be returned to the Authority, except that the Recipient may keep interest amounts of up to $100 per year for administrative expenses. 7.0 SUSPENSION. When the Recipient has failed to comply with the Contract, award conditions or standards,the Authority may, on reasonable notice to the Recipient, suspend the Contract and withhold future payments, or prohibit the Recipient from incurring additional obligations of CDBG funds. Suspension may continue until the Recipient completes the corrective action as required by the Authority.The Authority may allow such necessary and proper costs which the Recipient could not reasonably avoid during the period of suspension provided the Authority concludes that such costs meet the provisions of HUD regulations issued pursuant to OMB 2 CFR part 200, subpart E. 8.0 TERMINATION. (a) FOR CAUSE. The Authority may terminate the Contract in whole,or in part,whenever the Authority determines that the Recipient has failed to comply with the terms and conditions of the Contract. (b) FOR CONVENIENCE. The Parties may terminate the Contract in whole, or in part,when all parties agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds. (c) DUE TO REDUCTION OR TERMINATION OF CDBG FUNDING. At the discretion of the Authority,the Contract may be terminated in whole, or in part, if there is a reduction or termination of CDBG Federal block grant funds to the State. 9.0 PROCEDURES UPON TERMINATION. (a) NOTICE. The Authority shall provide written notice to the Recipient of the decision to terminate,the reason(s)for the termination, and the effective date of the termination. If there is a partial termination due to a reduction in funding,the notice will set forth the change in funding and the changes in the approved "Budget Activity". The Recipient shall not incur new obligations beyond the effective date and shall cancel as many outstanding obligations as possible. The Authority's share of Page 194 of 443 noncancelable obligations which the Authority determines were properly incurred prior to notice of cancellation will be allowable costs. (b) RIGHTS IN PRODUCTS. All finished and unfinished documents,data, reports or other material prepared by the Recipient under the Contract shall, at the Authority's option, become the property of the Authority. (c) RETURN OF FUNDS. The Recipient shall return to the Authority all unencumbered funds within one week of receipt of the notice of termination.Any costs previously paid by the Authority which are subsequently determined to be unallowable through audit, monitoring, or closeout procedures shall be returned to the Authority within thirty(30) days of the disallowance. 10.0 ENFORCEMENT EXPENSES. The Recipient shall pay upon demand any and all reasonable fees and expenses of the Authority, including the fees and expenses of its attorneys, experts and agents, in connection with the exercise or enforcement of any of the rights of the Authority under this Contract. 11.0 INDEMNIFICATION. The Recipient shall indemnify and hold harmless the Authority, its officers and employees, from and against any and all losses, accruing or resulting from any and all claims subcontractors, laborers and any other person,firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person,firm or corporation who may be injured or damaged by the Recipient in the performance of this Contract. 12.0 CONFLICT OF INTEREST. (a) GENERAL. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons identified in paragraph (b) below 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 personal or financial interest or benefit from a CDBG assisted activity or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. (b) PERSONS COVERED. The conflict of interest provisions described above apply to any person who is an employee, agent, consultant,officer,or elected or appointed official of the Recipient, or of any designated public agencies, or subrecipients which are receiving CDBG funds. (c) CONFLICTS OF INTEREST. Chapter 68B, Code of Iowa,the "Iowa Public Officials Act", shall be adhered to by the Recipient, its officials and employees. 13.0 USE OF DEBARRED,SUSPENDED,OR INELIGIBLE CONTRACTORS OR SUBRECIPIENTS. CDBG funds shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the service of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligible status under the provisions of 24 CFR Part 24 or any applicable law or regulation of the Department of Labor. Page 195 of 443 14.0 CIVIL RIGHTS. (a) DISCRIMINATION IN EMPLOYMENT. The Recipient shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, sex, national origin, age, sexual orientation, gender identity,familial status, physical or mental disability. The Recipient may take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, religion, sex, national origin, age, sexual orientation, familial status,gender identity, or physical or mental disability. Such action shall include, but may not be limited to,the following: employment, upgrading, promotion, demotion or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including an apprenticeship. The Recipient agrees to post notices setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. Upon the State's written request, the Recipient shall submit to the State a copy of its affirmative action plan, containing goals and time specifications, and accessibility plans and policies as required under Iowa Administrative Code chapter 11-121. (b) CONSIDERATION FOR EMPLOYMENT. The Recipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, sexual orientation, gender identity, physical or mental disability, or familial status. (c) SOLICITATION AND ADVERTISEMENT. The Recipient shall list all suitable employment openings in the State Employment Service local offices or shall list all suitable employment openings with Iowa Workforce Development's IowaJobs web site found at https://www.iowaworks.gov/vosnet/Default.asp . (d) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Recipient shall comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended; Chapter 19B.7, and Chapter 216, Code of Iowa; Federal Executive Order 1 1246, as amended;Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d et seq.);the Fair Labor Standards Act(29 U.S.C. Section 201 et seq.);The Americans with Disabilities Act, as applicable, (P.L. 101336,42 U.S.C. 12101-12213); Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. Section 794); and the Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Recipient will furnish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these rules and regulations. (e) CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. The Recipient certifies,to the best of his or her knowledge and belief,that: (i) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with awarding any Federal contract, making any Federal grant, making any Federal loan, entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Page 196 of 443 (ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee, or an employee of a Member of Congress in connection with this Federal contract,grant, loan, or cooperative agreement,the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Federal Lobbying" in accordance with its instruction. (iii) The Recipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (iv) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (f) PROGRAM NONDISCRIMINATION. The Recipient shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1. No person in the United States shall, on the basis of race, color, national origin, sex or religion or religious affiliation, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this Contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or with respect to an otherwise qualified individual with a disability as provided in the Americans with Disabilities Act, as applicable, (P.L. 101336, 42 U.S.C. 12101 12213) or Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) shall also apply to any such program activity, or Project. (g) FAIR HOUSING. The Recipient shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.),generally known as the Fair Housing Act, and with HUD regulations found at 24 CFT Part 100 and 24 CFR Part 107, issued in compliance with Federal Executive Order 11063, as amended by Federal Executive Order 12259. The recipient shall also comply with Section 109,Title I of the Housing and Community Development Act of 1974, as amended. (h) LEAD-BASED PAINT HAZARDS. The Recipient shall comply with requirements of the Notification, Evaluation, and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule (24 CFR Part 35,et al.); Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821 -4846), as amended, and implementing regulations. (i) SECTION 3 COMPLIANCE. The Recipient shall comply with provisions for training, employment, and contracting in accordance with 24 CFR part 75, Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). All section 3 covered contracts shall include the following clause (referred to as the Section 3 clause): Page 197 of 443 M 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 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. (ii) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 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 part 75 regulations. (iii) The contractor agrees to post copies of a notice advertising workers of the Contractor's commitments under Section 3 in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (iv) The contractor agrees to provide written notice of employment and contracting opportunities to all known Section 3 Workers and Section 3 Businesses. (v) The contractor agrees to hire,to the greatest extent feasible, Section 3 workers as new hires, or provide written justification to the recipient that is consistent with 24 CFR part 75, describing why it was unable to meet minimum numerical hiring goals, despite its efforts to comply with the provisions of this clause. (vi) The contractor agrees to maintain records documenting Section 3 residents that were hired to work on previous Section 3 covered projects or activities that were retained by the contractor for subsequent Section 3 covered projects or activities. (vii) The contractor agrees to include compliance with Section 3 requirements in every subcontract for Section 3 projects as defined in 24 CFR part 75,and agrees to take appropriate action, as provided in an applicable provision of the subcontract upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. (ix) The contractor will certify that any vacant employment positions, including training positions,that are filled (1)after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 75. (x) The contractor will certify that they have followed prioritization of effort in 24 CFR part 75.19 for all employment and training opportunities. The contractor will further certify that it meets or exceeds the applicable Section 3 benchmarks, defined in 24 CFR part 75.23,and if not, Page 198 of 443 shall describe in detail the qualitative efforts it has taken to pursue low-and very low-income persons for economic opportunities. (xi) Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (j) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Contract or with any of the aforesaid rules, regulations, or requests, this Contract may be canceled, terminated, or suspended either wholly or in part. In addition,the State of Iowa may take further action, imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 216, Code of Iowa) or as otherwise provided by law. (k) INCLUSION IN SUBCONTRACTS. The Recipient will include the provisions of the preceding paragraphs of Section 14 in every subcontract unless exempt by the State of Iowa, and said provisions will be binding on each subcontractor. The Recipient will take such action with respect to any subcontract as the State of Iowa may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event the Recipient becomes involved in or is threatened by litigation with a subcontractor or provider as a result of such direction by the State of Iowa,the Recipient may request the State of Iowa to enter into such litigation to protect the interests of the State of Iowa. 15.0 POLITICAL ACTIVITY. No portion of program funds shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. Neither the program nor the funds provided therefore, nor the personnel employed in the administration of this Contract, shall be in any way or to any extent engaged in the conduct of political activities in contravention of The Hatch Act (5 U.S.C. 15). 16.0 LIMIT ON RECOVERY OF CAPITAL COSTS. The Recipient will not attempt to recover any capital costs of public improvements assisted in whole or part under this Contract by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless (i) funds received under this Contract are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the Housing and Community Development Act of 1974, as amended, or(ii) for purposes of assessing any amount against properties owned and occupied by persons of low and moderate income who are not persons of very low income,the Recipient has certified to the Authority that it lacks sufficient funds received under Title I of the Housing and Community Development Act of 1974, as amended,to comply with the requirements of clause (i) above. 17.0 PROHIBITED ACTIVITIES. In accordance with 24 CFR 570.207 (a): The following activities may not be assisted with CDBG funds: (a) BUILDINGS OR PORTIONS THEREOF, USED FOR THE GENERAL CONDUCT OF GOVERNMENT AS DEFINED AT§570.3(D) CANNOT BE ASSISTED WITH CDBG FUNDS. This does not include, however,the removal of architectural barriers under§570.201(c) involving any such building. Also,where acquisition of real property includes an existing improvement which is to be used in the Page 199 of 443 provision of a building for the general conduct of government,the portion of the acquisition cost attributable to the land is eligible, provided such acquisition meets a national objective described in § 570.208. (b) GENERAL GOVERNMENT EXPENSES. Except as otherwise specifically authorized in this subpart or under 2 CFR part 200, subpart E, expenses required to carry out the regular responsibilities of the unit of general local government are not eligible for assistance under this part. (c) POLITICAL ACTIVITIES. CDBG funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums,voter transportation, or voter registration. However, a facility originally assisted with CDBG funds may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent or use charges, if any. 18.0 FEDERAL GOVERNMENT RIGHTS. If all or a portion of the funding used to pay for the Deliverables is being provided through a grant from the Federal Government, recipient, subrecipient, contractor, subcontractor, or provider acknowledges and agrees that pursuant to applicable federal laws, regulations, circulars and bulletins, the awarding agency of the Federal Government reserves certain rights including, without limitation a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use,for Federal Government purposes, the Deliverables developed under this Contract and the copyright in and to such Deliverables. 19.0 IOWA ECONOMIC DEVELOPMENT AUTHORITY FRAUD AND WASTE POLICY. The Authority has zero tolerance for the commission or concealment of acts of fraud, waste, or abuse.Allegations of such acts will be investigated and pursued to their logical conclusion, including legal action where warranted. Page 200 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Todd Derifield, Leisure Services Interim Director July 21, 2025 Leisure Services Department AGENDA ITEM TITLE Motion to approve Change Order No. 2 with Peters Construction Corporation of Waterloo, Iowa, for a total increase of $23,567.78, in conjunction with the FY 2024 Byrnes Aquatic Center, Contract No. 1077, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Change Order#2 for a total increase of$23,567.78 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES _ Waterloo 20230 Community Vision Pillar 7 Sportstown USA IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 22095_CO_02 Signed by PCC Change Order# 2 Byrnes Aquatics Page 201 of 443 2. CR #15R Byrnes Aquatic 3. CR #16 Byrnes Aquatics 4. CR #17.1 Byrnes Aquatics Page 202 of 443 7 Document G701 " - 2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 22095 Byrnes Park Aquatic Center Contract For:General Construction Change Order Number:002 801 Campbell Ave. Date:November 6,2023 Date:May 19,2025 Waterloo,IA 50701 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo INVISION Architecture,LLC Peters Construction Corporation 715 Mulberry St. 900 Mulberry St. 901 Black Hawk Road Waterloo,IA 50703 Des Moines,IA 50309 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable,attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Construction Change Directives) 1.CR 01 to provide a cost for revised PR#10 and what it now includes-dated 5.31.25 ADD$1,402.92 2.CR 02 to provide cost for work associated with PR#12-dated 5.31.25 DEDUCT$2,575.00 3. CR 02 to provide Option#1 in PR#14-dated 5.31.25 ADD$24,739.86 The original Contract Sum was $ 7,053,078.55 The net change by previously authorized Change Orders $ -2,595.75 The Contract Sum prior to this Change Order was $ 7,050,482.80 The Contract Sum will be increased by this Change Order in the amount of $ 23,567.78 The new Contract Sum including this Change Order will be $ 7,074,050.58 The Contract Time will be increased by Five(5)days. The new date of Substantial Completion will be May 20,2025 NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. INVISION Architecture,LLC Peters Construction Corporation City of Waterloo ARCHITECT(Firm name) CO TRACT R(Firm p ame) OWNER(Firm name) SIGNATURE NATURE SIGNATURE Brett Van zee,AIA VGabe Berger, Vice President PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE 05.19.2025 5.28.25 DATE DATE DATE AIA Document G701—2017.Copyright @ 1979,1987,2000,2001 and 2017.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 11:56:25 1 ET on 05/19/2025 under Order No.3104238829 which expires on 06/30/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3139ADA55) Page 203 of 443 i, fo 901 Black Hawk Road Waterloo, lA 50701 rl SPh : 319-236-2003 CONSTRUCTION CORPORATION Change Request To: InVision Architecture Number: 15R 501 Sycamore Street, Suite 101 Date: 3/31/25 Waterloo, IA 50703 Job: 23-135 Byrnes Aquatic Center Phone: Description: Cost Associated with PR#10 REVISED We are pleased to offer the following specifications and pricing to make the following changes: The scope of this change request is to provide a cost for the revised PR#10 that was sent out. Please see attached showing the changes that were made to PR#10 and what it now includes. Cost included is only related to the vacuum pump and the required conduit,wiring, and breakers. The total amount to provide this work is .................................................................................................. $1,402.92 If you have any questions, please contact me at 319-236-2003. Submitted by: Joey Rains Approved by: Peters Construction Corp. Date: Cc: File Page 1 of 1 Page 204 of 443 PROPOSAL REQUEST PROJECT Byrnes Park Aquatic Center PROJECT# 22095 OWNER City of Waterloo DATE 2.5.25 CONTRACTOR Peters Construction Corp PR# 10 Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within fourteen ( 14 )days, the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. WORK MAY PROCEED ONLYAFTER OWNER AUTHORIZES CHANGE. CONTRACTOR CANNOT BILL UNTIL CHANGE ORDER IS EXECUTED. DESCRIPTION Mechanical Contractor shall provide a price for the following scope of work... se S#erlage . See�raw;,;gand 8-Wha+164 f-A.R Sdhe dule A-Arevered-sheet Revise Pump Hause fmantial full and atitaf!" pi ient On Pump Ream 189. See dFa ing e t'A.mI A-Ar-rev*veP-1 GheetAAivn-o1-and- .5.AG 0-1 Electrical Contractor shall provide a price for the following scope of work... • REVISE. Recircuit exterior receptacle to be dedicated to serve Vacuum Pump. Electrical contractor shall provide a new 20A-1 P GFI breaker to serve receptacle. • ADD. One (1) new dedicated WP receptacle to serve Vacuum Pump off pump house. Furnish and install a new 20A-1 P GFI breaker in panel LM to serve receptacle. see�ta„�=o:Tre to-eerve e�Ehaaet fan. • CLARIFY. Refer to the attached drawings for more information. RFI'S/ASI'S ATTACHMENTS M1.01, M5.01, E1.01, E6.01 CONTRACTOR RESPONSE Provide the following information with back up documentation for review by the Architect and Owner. Net amount of this proposed change: ❑Add ❑ Deduct ❑ No Change $ (Provide pricing breakdown on separate sheet(s)-include material and labor costs with sub-contractor and supplier costs) Net change in working days due to this proposed change: ❑ Add ❑ Deduct ❑ No Change Days N V I S I O N ©2025 INVISION 1 Page 205 of 443 �>t JILECTRIC, INCo I k I I I I Date: March 27, 2025. Revised To: Peters construction Attention: Joey Raines ( RE: Byrnes Aquatic center I I � I Regarding: . Byrnes Aquatic center PR #10 Vacuum Pump conduit and wiring and GFCI Breakers. Basic Electrical Materials: $106.00 Supplier Quote: $479.48 Labor/Small tools: $560.00 Equipment: $00.00 Mark up 15%: $171.82 Total: $1,317.30 ****This Price includes: Labor, material, and Coordination as specified only. Add 1 day to the contract schedule based on material delivery. ****This price does not include:Tax,Work after normal working hours. Work in adverse weather conditions, including but not limited to digging and trenching in the frost. Any cutting, patching, coring, mechanical controls, or specialty wiring not specifically specified.This Quote is good for 7 days If you have any questions,feel free to contact me. Thank You, Larry W. Pennington Jr. Estimator/Project Manager K&W Electric Inc. 1pennington@k-welectric.com 1127 Lincoln St. 1004 Main St. PO Box 967 PO Box 426 Visit our website at www.k-welectric.com Cedar Falls,IA 50613 Emmetsburg,IA 50536 Email: kweCa)k-welectric.com Ph: 319.277.0415 Ph:712.852.9077 F:319.277.1418 F:712.852.8061 Equal Opportunity Employer Page 206 of 443 Job Name:Byrnes pool PR#10 Job Number:6007 Material Filter:<None> Extension Name:Base Bid [ItemsAndByproducts] Report: Item Materials List Item# Item Name Quantity Combined->Combined->C ombi ned->C omb i ned->Co mb i ned Post-Job 41,953.001 HOUR LABOR(TESTING) 1.00 Supervision 41,956.001 HOUR LABOR(SUPERVISION) 1.00 Branch Rough 870.00 1/2 EMT 25.00 975.00 1/2 EMT CONN SIC 0.00 1,035.00 1/2 EMT COUPL S/C 2.50 14,808.0041S BOX 1-1/2"DEEP 2.00 14,809.0041S BOX 2-1/8"DEEP 2.00 14,812.00 4/S SG MUD RING 5/8"DP 2.00 14,845.00 GROUNDING SCREW W/TAIL 2.00 Hangers/Anchors 3,211.001/4-20 X 3/4 RH MACH SCREW 3.13 3,592.001/4 FLAT STL WASHER 3.13 3,670.00 1/4 MACHINE BOLT ANCH 3.13 3,819.00 BOX SUPPORTS-CLIP ON 2.00 Straps 1,146.00 1/2 EMT 1 HOLE STP/STL 3.13 Trim Devices/Plates 14,486.00 1G SS DUPL RECP PLATE 2.00 14,628.00 DPLX 20A GFI TAMPERPROOF 2.00 Lighting Fixtures 60,027.00 Cut in boxes 2.00 Panels/Loadcenters 9,563.00 QOB-120120/240V CB 2.00 Branch Wre 35.00 12 THHN CU SOLID 75.00 Courtesy of McCormick Systems Inc. Page 4 3/27/2025 9:24:28 AM Page 207 of 443 ELECTRICAL ENGINEERING & EQUIPMENT CO. QUOTE 183 WEST 9TH STREET WATERLOO, IA50702 (319)234-4000 FAX(319)234-9997 EILCrRcm Mr.1NEUNG www.3e-co.com b EOWMENTCO:.VAW TAKEN BY QUOTE DATE QUOTE NO. CUST.#: 156734 ikin 02/06/25 8777485-00 SHIP TO: K & W ELECTRIC P.O.NO. PAGE# BYRNES AQUATIC CENTER 1 1127 LINCOLN ST PLACED BY LARRY CEDAR FALLS, IA 50613-0047 CORRESPONDENCE TO: Electrical Engineering & Equip 953 73RD ST BILL TO: K & W ELECTRIC WINDSOR HEIGHTS, IA 50324-1031 CEDAR FALLS ACCOUNT PO BOX 967 CEDAR FALLS, IA 50613-0047 INSTRUCTIONS REFERENCE CASH DISCOUNT: LARRY PENNINGTON SHIP POINT SHIP VIA SHIPPED IF PAID BY: 3E - WATERLOO 3E TRUCK LINE PRODUCT QUANTITY QUANTITY QTY. QTY. NET AMOUNT NO. AND DESCRIPTION ORDERED B.O. SHIPPED UIM PRICE (NET) 1 SQD QOB120GFI 2 2 E 239.74 479.48 36871 MINIATURE CIRCUIT BREAKER 120V 20A 1 Lines Total Qty Shipped Total 2 Total 479.48 Invoice Total 479.48 Last Page THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION.ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM,WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PTRg T, r ,..r ....,r ., , nrnnrern rn rlf\ni inn ri_I nCOr C Tn/`nKAOI I AMOC%AIITL.I.lnC1 QDCr`ICIr`ATl e of 443 i, fo 901 Black Hawk Road Waterloo, lA 50701 rl SPh : 319-236-2003 CONSTRUCTION CORPORATION Change Request To: InVision Architecture Number: 16 501 Sycamore Street, Suite 101 Date: 3/31/25 Waterloo, IA 50703 Job: 23-135 Byrnes Aquatic Center Phone: Description: Cost Associated with PR#12 We are pleased to offer the following specifications and pricing to make the following changes: The scope of this change request is to provide a cost for work associated with attached PR#12. Credits were provided for the lane dividers and backstroke flags.The stanchions were already procured and can be turned over to the Owner for future use. The total amount to provide this work is .................................................................................................. $-2,575.00 If you have any questions, please contact me at 319-236-2003. Submitted by: Joey Rains Approved by: Peters Construction Corp. Date: Cc: File Page 1 of 1 Page 209 of 443 PROPOSAL REQUEST PROJECT Byrnes Park Aquatic Center PROJECT# 22095 OWNER City of Waterloo DATE 1/14/2025 CONTRACTOR Peters Construction Corp PR# 12 Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within 14 (fourteen )days, the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. WORK MAY PROCEED ONLYAFTER OWNER AUTHORIZES CHANGE. CONTRACTOR CANNOT BILL UNTIL CHANGE ORDER IS EXECUTED. DESCRIPTION Need to remove the (4) highlighted pool equipment items from the project as they are going to be Owner provided. SCHEDULE-BASIS OF DESIGN-POOL A PQDL ID EIOIMPMERT ID B]E- I QTY I YIWIFACTUREIR IDESCRIPTION A 01 POOL UFT 1 SR SMITH ACOA CREEK UR STANDARD ANCHORED.ROTATIONAL EQOAL POOL LIFT.WITH OO us R 1LIFTING CAPAGTY-WST MTFT ALL APPLICABLE ADA REQUIRE HEWS,WHILE NMNNTMMN3 REQUIRED DECK CLEARANCE PACKAGE TO INCLUDE ARMRESTS ANOIDR.LIFT COVER.9ATTERY CHARGER.AND CADDY A 92 WEDGE ANCHOR 3B PARAGON AOVATIG5. CAST BRONZE IIT LONG,A 1C 5 SPECTRUMAQUATIS,SR 1.90D'ODT h[G SMITH OR EQI A W ESCUTCHEON 38 PARAGON AQUATICS. STAIN STEEL ROUND ESCUTCHEON PLATE SPECTRIRAI AQUATICS.SR FOR 157 GD.RAILS SMITH OR EOUPl A OR GRA$RAILS IPAIRSI 5 PARAGON AOOATICS. CALIFORNIASTYLE1.50`06n.1P0WALL SPECTRUM AO UATICS.SR THICKNESS.900 GRIT TRASH MIN. SMITH OR EQUAL A W SAFETY ROPE i PARAGON AOWTICS WC P0.YEINYLENE HOPE WITH ITAr PLANS OCK FLOAT.VHdFY LHN(iTFI WITH RM6 A 07 LANE DIVIDERS 5 COMPETITOR SWIMPROOUCTS 4-WAVEWE LUNG RACING LANE LINE COEOfG RYOWNERIARGHITECT *REMOVE LANE DIVIDERS A 06 STANCHION A 5.R5 H.5PEGTRUGI.OR 1.ao-OD 1.149'WAu:9-O�LONG 304 *REMOVE STANCHIONS-NO CO MPETITION SWI M M I NG PARAGON AIX TICS STAINLESS STEEL STANCHION POST. PROVIDE SLDING COLI.AR WITH EYE BOLT A OB STANOHION A PARAGIXNAQUATICS. STANL +S STEEL STANCHION ANOFIIXR ANCHOR SPECTRJM AQUATICS,SR FOR 1'.O.D.RAILWITHSLEFR SMITH OR EQUAL ANCHOR GAP AND CAP REMOVAL TODL A t0 BACKSTROKE FLAG 2 PARAGON AQUATICS 1Z.16"HEAVY DUTY NYLON PENNANTS. PRE-STRUNG ANG SPACEDACCOF9ING *REMOVE BACKSTROKE FLAGS-NO COMPETITION SWIMMING TO REDULAATIONS ON WW RFAIDEO NYLON CORD.PROVIDE" 'ENT STT HICHS.A T LIBNGTH rA R"ON STANCHIONS.ATTACHIS STANCHON W rE4R CORMH N D.C04LART SWIVEL HOOT(ON TACH ENO.COLOR SaECT1ON BY OWNERIARCHRECT A 11 DNINGBOARD 1 OLN2h4EX INTERNATIDNPL OIMRAFlRM dJE 6ETH2 STAND WITH OOIIBLE Gl1PRD RAIL5 BOTH SIDES AFD ERON2E DECK ANIJORS.PROVIDE WITH 10'-0'NA%IFLf�(8IMVING fKIARD A 12 LIFEGUARDCHAR 3 TALYOND.KEIFER SPECTRIMII RECYCLED PLASTIC WITH 3D4 SS GUARD STANDS:KIEFER AQUATICS AQUATICS,SR� TH OR HA ARia,COLOR EY APPROVED EQOAL OWNER/ARCHTEOT 00'SEA.T HEIGHT- QTY:5-Paragon Griffs Flat Guard Station SKU#20385 or similar (OWNEFrS SAFETY CONSULTANT TO �-ocA, v-) QTY:3-Paragon Griffs Full Ht.Guard Station SKU#20387 or similar A 13 BAS�IODP 1 RECREATICNSUPPLY SEE DETAIL FOR CONSTRUCTION INCLUDE CAPTURE NET BEHIND BACKBOARD d INCLUDE 4 SASKETBPILS. A H OPNYGFI.]R 0 PARAGON!AQUATICS. TSWARE SDA 55.VIC1ICR APO 3WL5S SPEOTR4MIIAM ATIG5.SR EYE BOLT SWTH OR EQDAL A 1S CNP ANCHOR 12 PADDOM CIF ANCHOR INTEGRAL TO SS GUTTER A 10 INWALL STEPS 5 PADDOCK 17.0-,304 STAINLESS STEEL RECESSES) GUTTER INTEGRATED STEP A 17 1NYAALL STEPS 17 PARAGON AQOATICS, 17-1?1 A-,INT ECTION MOLDED PLASTIC, SINaCTHOMAQUA-ncS.SR P®RLE TEKTI.RE.1N'WAIA THICKNESS SkMTH OR EQUAL RFI'S/ASI'S ATTACHMENTS CONTRACTOR RESPONSE Provide the following information with back up documentation for review by the Architect and Owner. N • I S I O 1 , ©2025 INVISION 1 Page 210 of 443 Net amount of this proposed change: ❑ Add ❑ Deduct ❑ No Change $ (Provide pricing breakdown on separate sheet(s)-include material and labor costs with sub-contractor and supplier costs) Net change in working days due to this proposed change: ❑ Add ❑ Deduct ❑ No Change Days Justification for time extension: CONTRACTOR SIGNATURE By [Signature] Name [Typed Name] Date ARCHITECT REVIEW January 14, 2025 OWNER APPROVAL ❑ Recommend Acceptance ❑ Approve ❑ Do Not Recommend Acceptance ❑ Reject Other ❑ Other By [Signature] By [Signature] Name [Typed Name] Name [Typed Name] Date Date N • I S I O 1 , ©2025 INVISION 2 Page 211 of 443 104 Outlook FW: Fw: 22095 Byrnes Aquatic Center - PR 12 From Joel Armitage <jarmitage@sandeconstruction.com> Date Tue 2/18/2025 6:57 AM To Joey Rains <jrains@peters.build> 0 1 attachment(409 KB) Guardian - Byrnes PR#12 Deduct QT-0038.pdf, $2,575.00 —deduct for backstroke flags and racing lane dividers. I already have the stanchions onsite. They cannot be returned. Thanks, Joel From: Guardian Team <guardianpoolsupply@gmail.com> Sent: Wednesday, February 5, 2025 8:22 AM To:Joel Armitage <jarmitage@sandeconstruction.com> Cc:Andrew Pleva <andrew@plevamechanical.com> Subject: Re: Fw: 22095 Byrnes Aquatic Center- PR 12 Joel, Please see attached for the deduct price on the racing lane lines at Byrnes. Thanks, Taylor Stone General Manager M: 253-254-1167 PO Box 37, Woodward IA 50276 On Tue, Feb 4, 2025 at 8:29 AM Joel Armitage <jarmitage@sandeconstruction.com> wrote: Get Outlook for iOS From:Joey Rains<jrains@peters.buiId> Sent:Tuesday,January 14, 2025 4:54:08 PM Page 212 of 443 To:Joel Armitage<jarmitagePsandeconstruction.com> Subject: FW: 22095 Byrnes Aquatic Center- PR 12 Joel, Please price this PR by the end of next week if you could. Thank you, Joey Rains I Project Manager PETERS CONSTRUCTION CORPORATION P: 319-236-2003 1 C:515-505-0141 901 Black Hawk Rd.Waterloo, Iowa 50701 www.peters.build From: Courtney Corbin <courtney @invisionarch.com> Sent:Tuesday,January 14, 2025 4:53 PM To:Joey Rains<jrains@peters.build> Cc: Sean Davies<seand@invisionarch.com>; Cody Mills<codym@invisionarch.com>;TRAVIS NICHOLS <TRAVIS.NICH OLS@WATERLOO-IA.ORG> Subject: 22095 Byrnes Aquatic Center- PR 12 Hi Joey, See attached PR 012 for Byrnes Aquatic Center. Reach out with questions. Thank you. Courtney Corbin Corporate Accountant 319-433-3811 1 invisionarch.com NVIS I ON Enriching lives through architecture Page 213 of 443 Page 214 of 443 GUARDIAN Quote POOL SUPPLY #QT-0038 Guardian Pool Supply LLC PO Box 37 Woodward Iowa 50276 Bill To Sande Construction&Supply Co. 1111 16th Ave N Humboldt, Iowa 50548 Quote Date : 05 Feb 2025 Ship To Expiry Date : 17 Mar 2025 Sande Construction&Supply Co. Waterloo IA Reference# : PR#12 Byrnes Deduct Subject: PR#12-Brynes Aquatic Center Description Qty Rate Amount 1 Malmsten Lane Lines-4" Classic PRO 5.00 315.00 1,575.00 includes take up reel and spring each Sub Total 1,575.00 Total $1,575.00 Notes Looking forward for your business. Page 215 of 443 i, fo 901 Black Hawk Road Waterloo, lA 50701 rl SPh : 319-236-2003 CONSTRUCTION CORPORATION Change Request To: InVision Architecture Number: 17.1 501 Sycamore Street, Suite 101 Date: 3/31/25 Waterloo, IA 50703 Job: 23-135 Byrnes Aquatic Center Phone: Description: Cost Associated with PR#14(OPTION#1) We are pleased to offer the following specifications and pricing to make the following changes: The scope of this change request is to provide a cost for Option#1 in the attached PR#14. Option#2 is being priced separately under CR#17.2. Cost included in Option#1 is as follows: additional exterior piping by Lodge, additional under floor piping by Bergen, overhead piping by Sande/Pleva, and removal/replacement of the concrete floor in Chem 132. Concrete will likely not match in this room after the slab is removed/replaced. The total amount to provide this work is .................................................................................................. $24,739.86 Please note that Peters Construction Corporation will require an extra 5 Working Days. If you have any questions, please contact me at 319-236-2003. Submitted by: Joey Rains Approved by: Peters Construction Corp. Date: Cc: File Page 1 of 1 Page 216 of 443 PROPOSAL REQUEST PROJECT Byrnes Park Aquatic Center PROJECT# 22095 OWNER City of Waterloo DATE 3/19/2025 CONTRACTOR Peters Construction Corp PR# 14 Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within 14 (fourteen )days, the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. WORK MAY PROCEED ONLY AFTER OWNER AUTHORIZES CHANGE. CONTRACTOR CANNOT BILL UNTIL CHANGE ORDER IS EXECUTED. DESCRIPTION Piping Changes—Options 1 &2 RFI'S/ASI'S ATTACHMENTS Pump House Underfloor Plumbing plan & C4.01 Sanitary Plan and Profile CONTRACTOR RESPONSE Provide the following information with back up documentation for review by the Architect and Owner. Net amount of this proposed change: ❑ Add ❑ Deduct ❑ No Change $ (Provide pricing breakdown on separate sheet(s)-include material and labor costs with sub-contractor and supplier costs) Net change in working days due to this proposed change: ❑ Add ❑ Deduct ❑ No Change Days Justification for time extension: CONTRACTOR SIGNATURE By [Signature] Name [Typed Name] Date ARCHITECT REVIEW January 14, 2025 OWNER APPROVAL ❑ Recommend Acceptance ❑ Approve ❑ Do Not Recommend Acceptance ❑ Reject Other ❑ Other N V I S I O N ©2025 INVISION 1 Page 217 of 443 By [Signature] By [Signature] Name [Typed Name] Name [Typed Name] Date Date N V I S I O N ©2025 INVISION 2 Page 218 of 443 OPTION #1 r---------------------------------------------------------------------, CONNECTS TO 6"SS OUTSIDE OF BUILDING AND STOOP 4"CW FOR CONTINUATION i 6"SS FOR CONTINUATION BY ' SITE CONTRACTOR. BY SITE CONTRACTOR. � , F.L. -120" F.L.-64" , 6"SS � 4"CW (UN R LOOK) V6"SS 6"SS WITH 12"HUB 12"HUB TO EXTEND TO STRUCTURE ELEVATION.FILTER ' BACKWASH&MAIN DRAIN TO DISCHARGE INDIRECTLY INTO 12".CONNECT VENT INTO NEARBY VENT. CHEM tCHEMI 13/4"G(2 PSI)TO POOL HOUSE. I4"FD- j P 4"FDEHc�osuREFER TO SITE PLAN FOR 4"FD-2 CONTINUATION. PIPE ROUTING BY PLUMBING CONTRACTOR. ------------------------ � -------- -0�--- -- ---------- GAS METER 4"FD-2 4"FD-2 GAS BY -- UTILITY SURGE TANK -- 4"FD-2 OVERFLOW 4"SS WITH FOR PRICING EVALUATION -- HUB. COORDINATE PURPOSES ONLY __ REQUIREMENTS WITH V-0 AQUATICS DRAWINGS. -- 4"FD-2 SURGE TANK I� BELOW BY OTHERS -6"SS HUB IN OPTION #Z ------____ SURGE TANK WITH REMOVABLE 4"FD-2 PUMP ROC M PLUG/SEAL FOR CONN T 4"V NT TO 4" R , DRAINING. i3o ABOVE UMP IT ' X. ' I ' s ' - - - - 4"FD2 � L — ' 5 74)3/4"CW TO POOL AV DECK HOSE BIBS/SLIDE r 8"SS WITH 12"HUB 'HOSE BIB. FOR 6"SS WITH 12' ;CONTINUATION BY SITE HUB FOR FILTE4 8"SS TO BELOW GRADE :CONTRACTOR. F.L.-61" BACKWASy UG WORK BEYOND BUILDING BY SITE CONTRACTOR '---------------------------------- N ® PUMP HOUSE UNDERFLOOR PLUMBING PLAN 1/8" = V-0" Page 219 of 443 INVISION PLANNING I ARCHITECTURES INTERIORS Z Q I 303 Watson Powell Jr. \ I Way O Suite 200 Des Moines, Iowa 50309 515.633.2941 13 C3I 515.633.2942 Fax www.invisionarch.com C3z CONSULTANT: V) LANDSCAPE ARCHITECTURE I RITLAND+KUIPER I CIVIL ENGINEERING AECOM SANITARY'! SEWER MANHOLE ADJUSTMENT, MINOR AQUATICS =S'1S NEW C�AS�TING AND MANHOLE EJ 1040 AGS COVER WATER TECHNOLOGY _ — —S'ls — — I — — S�-- \ — =S'1S — — — S 1S INC I MEPT MODUS STRUCTURAL - KPFF 1 09 GAS ----- ---- - - GAS GAS - - .0' FROM BUILDING I 33+00 REVISIONS: MECHANICAL �� 32+('SP-2 SEE M ECH I Description Date No. H EETS FOR PIPE 30 Sp-1 - \ \ - ---- -__ ------------------------- CONTINUATION ----CONTINUATION cn \ I I � I I I OWNER SIGN-OFF: \ I DATE NAME I \ I D . D \ I \ I I I \ I I z D \ I � I 0' 20' 40' O / I SCALE \ I 870 870 SMH-2 865 865 STORM CROSSING RIM=858.92 A E SP= FL_850.45 SP FL-850.35 S R — _ 95 ERVIC CROSSING SMH-1 EXISTING AC aso STA: 31 28.29 860 PROPOSED GRADEJ VERIFY EXISTINGRIM=854.05 4" WATE BUILDING CRO SSING R =854.96 SP-2 L=848.10 EX FL N=847.55 STA: 30+67.62 MAI TAIN MINIM M 10' ELEV: 854.21 _ — SP-3 FL=848.00 EX FL W=847.55 SP-3 FL=847.65 855 SEE MECHANICAL SHEETS — — 855 FOR PIPE CONTIN ATION 100.91' of6" PC21.00 Oo � 850 850 0 2.86' 4.5' 0. 2' Q MAINTAIN MINUM M MAINTAIN MINIMUM 18" Watemain Crossing 18 SEPARATION SEPARATION STA: 33+18.38 _ 0 845 ELEV: 846.37 TORM CROSSING 845 } O L LEV: 849.42 Q 0 1 .55' PIPE STRUCTURE SUPPORT 0 U MAINTAIN MINI UM 18" UDAS 3010.901 � CONTRACTOR TO VERIF SEPERATI N 840 840 DESIGN DE THS ARE 6 LF 8 INC PVC @ 0.613% Q ESTIMATED ONLY. 7 N 835 835 0 Q O ` I 110 pp n to 0 N� I�^ O) O�0 O r7 11.0 O 0 to L.O) .a0 c0 a0 c0 p I� r c0 N N �nI` '00 O O m600 00^ ��00 00 �^ LOt6 (06 tn� V)� �'t r W �/00 00 co 00(0 00(0 to LO to 0 L0� � LO O 0 U) to U) � to� to� 29+75 30+00 31+00 32+00 33+00 34+00 > U O ' O U m 00 SEE SHEET C0 . 08 FOR ALTERNATE PIPE SIZING PROJECT NO: 22095 (City No. 1077) AND ADDITIONAL DETAILS DATE: 10.02.2023 SHEET SET: CONSTRUCTION SET SHEET NAME: SANITARY PLAN AND PROFILE SHEET: C4 . 01 Copyright 0 —_— City of Waterloo Contract No. 1077 Page 220 of 443 I NVISION PLANNING I ARCHITECTURE I INTERIORS POOL A-LEISURE DATA DESCRIPTION QTY UNITS 303 Watson Powell Jr. POOL PERIMETER 773'-3" FEET Way WATER SURFACE AREA 7,199 SQUARE FEET Suite 200 POOL WATER TEMPERATURE 86 °F Des Moines, Iowa 50309 POOL VOLUME 211,134 GALLONS 515.633.2941 515.633.2942 Fax SURGE TANK OPERATING VOLUME 8,160 GALLONS www.invisionarch.com TOTAL VOLUME OF WATER 219,294 GALLONS AVAILABLE SURGE CAPACITY VOLUME 8,159.9 GALLONS CONSULTANT: SURGE FACTOR 1.1 GAL/SQFT LANDSCAPE ARCHITECTURE CIRCULATION RATE 1,473 GPM RITLAND+KUIPER TURNOVER/VOLUME/FLOW 60 MIN. 36,044 GAL. 601 GPM TURNOVER/VOLUME/FLOW 119 MIN. 51,966 GAL. 435 GPM CIVIL ENGINEERING TURNOVER/VOLUME/FLOW 300 MIN. 131,284 GAL. 438 GPM AECOM FILTRATION RATE 11.62 GPM/FTZ BACKWASH FLOW 476 GPM AQUATICS INTENDED USE RECREATION WATER TECHNOLOGY INC M EPT MODUS STRUCTURAL KPFF REVISIONS: Description Date No. ASI1 05/17/24 3 ASI#2 5/24/2024 4 PL ;00) 0 AS1 CS1 LIFTING BEAM; BY STRUCTURAL OWNER SIGN-OFF: n EYEWASH SEE DATE NAME PLUMBING DRAWINGS Li Li (UV1A -8'-0 9/25 W A T E R T E C H N O 1 V I N C UP1A World Leaders in Aquatic Planning, Design P3A S3A and Engineering \ 100 Park Avenue I Beaver Dam,WI 53916 t 920.887.7375 PROJECT NO: 20408 ---- This Document and the ideas,renderings and other contents contained therein are the P2A sole property of Water Technology,Inc.and may not be disseminated,copied, S2Areproduced or otherwise used without prior written consent of Water Technology,Inc. V3A V2A ❑ AC1 O P1A S1A Ll V1A J (AF1A \ FM2A PL403 � i PL404 (SV1A ® i FM3A FP1 LFIII j j (FD2A C 0 - N (FD3A U U (FD4A 07 SURGE TANK- 18 4"x 16' 0" ID Qi 8' 0" DEEP A1A (FD5A Q U i7V� O 0 -9/2 6" 07 Q Q Cl O ;. i 4J 0 m AUTOFILL HUB W Ui i U QBACKWASH HUB T� �i O F 1 A F3A - o C1A 1:00i L STACKED STACKED O O Q U F2A F4A V) 0 �N00 STACKED U LU TS1 O _ p o o H2A a 0 LU Q v m o0 LU w M � .. PROJECT NO: 2209 5 w � = o Z N DATE: V) N 09.29.2023 10 w SHEET SET: > r o N BID DOCUMENTS _ = 2 I MECHANICAL EQUIPMENT ROOM PIPING 1 I MECHANICAL EQUIPMENT PLAN Z PL400 PLAN VIEW PL400 PLAN VIEW O 3/8"_11.01 3/8,._V-0" U p SHEET NAME: U MECHANICAL z J EQUIPMENT PLAN Om U z � O � CL HEET: z w � w PL400 ww Copyright C 2( PRELIMINARY NOT FOR CONSTRUCTION FOR REFERENCE ONLY THIS SHEET MUST BE PRINTED IN COLOR TO VIEW CONTENT PROPERLY Page 221 of 443 Lodge Construction Inc. Address Reply To: Email: bidder@lodgeconstructioninc.com P.O. Box 459 Phone Cell: 319-290-5767 Clarksville IA 50619 Fax: 319-296-2144 3/31/2025 Re: Change order request Brynes pool Waterloo. Owner: City Of Waterloo General Contractor: Peters Construction Sub-Contractor: Lodge Construction Project Number: 1077 Option 1 Lodge Construction can install 6" sanitary sewer wye into the existing 6" sanitary line. 6" sanitary sewer 20/LF @ $39/LF = $780 6"wye 1/EA @ $600/EA= $600 Total Option 1 = $1,380 Option 2 Lodge Construction can install the proposed 8" sanitary sewer, sanitary manholes, and connection to existing structure for the following. 8" PVC sanitary sewer 234/LF @ $40/LF = $9,360 Sanitary sewer manholes NEA @ $4,000/EA= $12,000 Connection to existing manhole 1/EA @ $2,000/EA= $2,000 Total Option 2 = $23,360 Sincerely John Senn Page 222 of 443 Pergeni:�� Hello,this is your estimate JOB ID Location:801 Campbell Avenue,Waterloo,IA,50701 192232193 PR#14 Your Price $9,437.34 Accept Estimate Summary PR#14 OPTION#1 Bergen will install a 6"pvc drain line from 5'outside of building through chemical room into pump room.We will bring 6"pipe up to 6"p trap and increase to 12"hub.Vent from this piping will tie into existing venting out the roof.Concrete removal/repair by others.We will core drill the holes through the 3 concrete walls.$4685.20 OPTION#2 Bergen will install a 8"pvc drain line on south side of building through exterior wall to 5'outside of building.We will bring 8"pipe up above floor to a tee with a p trap and vent will tie into existing vent going out the roof.Concrete removal/repair by others.Core drill exterior wall included.$ 4134.74 PLBG PER BID Your Price $8,819.94 PLBG PER BID PR#14 OPTION... View More S u btota l $8,819.94 Page 223 of 443 �]l Outlook FW: Byrnes PR14 From Joel Armitage <jarmitage@sandeconstruction.com> Date Fri 3/28/2025 7:47 AM To Joey Rains <jrains@peters.build> 0 1 attachment(296 KB) Pleva Transmittal for Byrnes PR14.pdf, Option #1 - $12,265.00 Option #2 - $9,811.00 See attached breakdowns on sub pricing. Joel From:Andrew Pleva<andrew@plevamechanical.com> Sent:Thursday, March 27,2025 5:33 PM To:Joel Armitage<jarmitage@sandeconstruction.com> Cc: amy@plevamechanical.com Subject: Byrnes PR14 Joel, Please see attached PR14 for Byrnes. Let me know if you have any questions. Thank you, Andrew Pleva Office: 515.438.2279 1 Cell: 515.491.3292 Andrew@PIev mechanica1_com 13420 Bittersweet Rd Woodward, IA 50276 r Pleva Mechanical Inc. Page 224 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer July 21, 2025 Engineering Department AGENDA ITEM TITLE Motion to approve Change Order No. 05 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$25,143.00, in conjunction with FY 2024 La Porte Road Improvements, Phase I Project, Contract No. 1016, DOT Contract No. STBG-SWAP-8155(760)--SG-07, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The bid item was to line 21" sanitary sewer. Once the contractor started cleaning it was determined to be 24" sanitary sewer. Change order covers the increased cost of materials. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES GO Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION Page 225 of 443 ATTACHMENTS 1. CO 05 CIPP Lining Page 226 of 443 C-410 lA00T Accounting ID No.(5-digit number): Form 831240 (12-20) CHANGE ORDER Change Order No.:05 For Local Public Agency Projects No.:05 Non-Substantial:0 Jul 7,2025 Substantial: Administering Office Concurrence Date Accounting ID No.(5-digit number): Project Number:HDP-8155(775)--71-07 Contract Work Type:PCC Pavement-Grade&Replace Local Public Agency:City of Waterloo Contractor:Peterson Contractors Inc. Date Prepared:July 1,2025 You are hereby authorized to make the following changes to the contract documents. A-Description of change to be made: Decrease Line Item 1380 CIPP MAIN LINING,21 IN. Add New Line Item 8003 CIPP MAIN LINING,24 IN., 10% Add New Line Item 8004 CIPP MAIN LINING,24 IN.,5% -Work shall be in accordance with Special Provision-232006 as included in the Contract Documents. B-Reason for change: In field measurements found that segments of the existing sanitary sewer main are 24"diameter,as opposed to 21"as shown in the plan documents. C-Settlement for cost(s)of change as follows with items addressed in Sections F and/or G: Line Item 1380-Contract Unit Price Line Item 8003 -Agreed Unit Price with 10%Prime Markup. Line Item 8004-Agreed Unit Price with 5%Prime Markup. D-Justification for cost(s)(See I.M.6.000,Attachment D,Chapter 2.36,for acceptable justification): Agreed unit price is in line with past CIPP lining projects done for AECOM and City of Waterloo for this pipe diameter size. 24"CIPP lining Phase IVA2 for Waterloo,IA was bid at$98.00/LF with no prime markup in July of 2021. 24"CIPP lining Phase V for Waterloo,IA was bid at$134.60/LF with no prime markup in February of 2025. 24"CIPP lining for West Des Moines,IA was bid at$114.50 with no prime markup in 2021. 24"CIPP lining for West Des Moines,IA was bid at$215.00 with no prime markup in 2024. This agreed unit pricing includes a prime contractor markup of 10%of the first$50,000 and 5%after that for a total of 7.1%total markup. E-Contract time adjustment: ® No Working Days added F—] Working Days added: Unknown at this time Justification for selection: Page 1 of 2 Page 227 of 443 CA610 VADOT Accounting ID No.(5-digit number): Form 831240 (12-20) Change Order No.:5 F-Items included in contract: Participating For deductions enter as "-x.xx" Federal- State- Line Unit Price Quantity Amount aid aid Number Item Description Ax xxx Ax X 1380 CIPP MAINLINING,21 IN. $110.00 -867.000 -$95,370.00 Add Row Delete Row TOTAL -$95,370.00 G-Items not included in contract: Participating For deductions enter as "-x.xx" Federal- State- Change Item Number Item Description Unit Price Quantity Amount aid aid Number Ax .xxx Ax X 8003 2599-9999009 CIPP MAIN LINING,24 IN., $150.70 365.000 $55,005.50 10% X 8004 2599-9999009 5 IPP MAIN LINING,24 IN., $143.85 502.000 $72,212.70 Add Row Delete Row TOTAL $127,218.20 H.Signatures Signatures will be applied through DocExpress. Page 2 of 2 Page 228 of 443 lamism PETERSON CONTRACTORS, INC. OM ULAW& t EXTRA WORK AUTHORIZATION el:l�el:t:K �aw�t """' •oK PO Box A Phone: 319-345-2713 Reinbeck,Iowa 50669 Fax: 319-345-2991 www.i)etersoncontractors.com Project Name: LaPorte Road Reconstruction -Waterloo, IA PCI Job# J24265 Date: 06/27/25 Extra Work Autorization# Remarks or Description of Extra Work: Below is the pricing to increase the CIPP Pipe from 21"to 24". Item# Description Quantity Units Base Unit %Mark Up %Discount Adjusted Unit Total Amount Rate Rate 1380 21"CIPP Main Lining (867.00) LF $110.00 0.00% 0.00% $110.00 -$95,370.00 *** 24"CIPP Main Lining 867.00 LF $137.00 7.10% 0.00% $146.73 $127,214.91 The work covered by this authorization shall be performed in accordance with the same terms and conditions as included in the original contract. Work Authorized and Changes Approved by: Prime Contractor or Owner: Peterson Contractors, Inc. By: By: Chris Fleshner Title: Date: Date: 6/27/2025 Page 229 of 443 CONTRACT CHANGE ORDER Owner: CITY OF WATERLOO Change Order No.: 1 Project: La Porte Road Phase 1 Reconstruction HDP-8155 Location: CITY OF WATERLOO Date: June 27, 2025 City Project No.: Contractor: Municipal Pipe Tool Co. LLC PO Box 398 Hudson, IA 50643 You are hereby requested to comply with the following changes from the contract plans and specifications: Justification: It was discovered these manhole to manholes are 24" diameter not 21" diameter. MH4922-23819-23821-4941-200605. Item Qty Description Unit Unit Price Ext Price No. 1 867 CIPP 24" LF $ 137.00 118,779.00 2 -867 CIPP 21" LF $ 108.00 (93,636.00) 3 - 4 - 5 - 6 - 2 - 3 - Change Order $ 25,143.00 The Contract Period provided for completion increase by days: 8 This document will become a supplement to the contract and all provisions will apply hereto. Requested: Contractor: Municipal Pipe Tool Co. LLC Title: Project Manager Date: Accepted: Owner: Title: Date: Page 230 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer July 21, 2025 Engineering Department AGENDA ITEM TITLE Motion to approve Change Order No. 08 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$25,236.39, in conjunction with FY 2022 Park Avenue Bridge Replacement Project, Contract No. 1013, DOT Contract No. BRM-CHBP-8155(771)--NB-07, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This is to change the type of street light pole to match the City standard light pole that is used. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES GO Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 231 of 443 1. CO 08 (770) Millerbernd pole system Page 232 of 443 C,IOWADOT Accounting ID No.(5-digit number):37968 Form 831240 (12-20) CHANGE ORDER Change Order No.:08 For Local Public Agency Projects No.:08 Non-Substantial:71 2025.06.17 Substantial: ® Administering Office Concurrence Date Accounting ID No.(5-digit number):37968 Project Number:BRM-CHBP-8155(770)--NB-07 Contract Work Type:Bridge Replacement-PPCB Local Public Agency:City of Waterloo Contractor:Peterson Contractors Inc. Date Prepared:2025.06.13 You are hereby authorized to make the following changes to the contract documents. A-Description of change to be made: 1250 Change:Delete Item"Bridge Rail Lighting and Electrical" 8002 Change:Add Item"Bridge Rail Lighting and Electrical"Item shall be as described in Plan Item 108,estimate reference notes,and plan sheets P.1 thru P.11 with the exception that the light poles shall be Millerbernd Type Poles(WLDMT Pole Elite Light 8S). B-Reason for change: 1250&8002:This modification changes the design plan requirement from supplying'25 foot poles with 4"non-tapered steel wall thickness black in color'to a"Millerbernd pole"to match the pole type in this area of the City. C-Settlement for cost(s)of change as follows with items addressed in Sections F and/or G: 8002:Agreed Lump Sum Price. 1250: Contract Unit Price D-Justification for cost(s)(See I.M.6.000,Attachment D,Chapter 2.36,for acceptable justification): 8002,Lump Sum price appears acceptable based on the following breakdown: The original contract lump sum price for contract item 1250 was$180,000.00.The increased cost for specifying Millerbernd pole system is justified as Contractor's breakdown for Lump Sum Price. 9 single arm poles $2,270.10(new poles)-$978.00(bid poles)=$1,292.10 x 1.15(mark-up)x 1.10(prime OH)=$1,634.51 x 9=$14,710.59 6 street poles $2,389.80(new poles)-$1,003.00(bid poles)=$1,386.10 x 1.15 (mark-up)x 1.10(prime OH)_$1,754.30 x 6=$10,525.80 Requested price increase$14,710.59+$10,525.80=$25,236.39 Total new Item 8012=$180,000.00(original bid price)+$25,236.39(price increase)=$205,236.39 E-Contract time adjustment: ® No Working Days added Working Days added: Unknown at this time Justification for selection: The impact on the controlling operation is considered neglW� ,qui no change to the contract time. Page 233 of 443 C,IOWADOT Form 831240 (12-20) Page 2 of 3 Page 234 of 443 CJIOWADOT Accounting ID No.(5-digit number):37968 Form 831240 (12-20) Change Order No.:08 F-Items included in contract: Participating For deductions enter as "-x.xx" Federal- State- Line Item Descrition Unit Price Quantity Amount aid aid Number pxx xxx Ax 1250 Bridge Rail Lighting and Electrical,L.S. $1.00 -180,000 -$180,000.00 Add Row Delete Row TOTAL -$180,000.00 G-Items not included in contract: Participating For deductions enter as "-x.xx" Federal- State- Change Item Number Item Description Unit Price Quantity Amount aid aid Number xx xxx xx 8002 2599-9999010 Bridge Rail Lighting and $1.00 205,236.39 $205,236.39 Electrical,L.S. 205,236.39 205,236.39 Add Row Delete Row TOTAL $205,236.39 H.Signatures Signatures will be applied through DocExpress. Page 3 of 3 Page 235 of 443 Doc Express ® Document Signing History Contract: 07-8155-771 Document: CO 08 (770) Millerbernd pole system This document is in the process of being signed by all required signatories using the Doc Express® service. Following are the signatures that have occurred so far. Date Signed By Jennifer Wissler 06/26/2025 Peterson Contractors Electronic Signature (Approved by Contractor) (Recommended by Engineer/Approved) (Approved by PIRC (when applicable)) (Approved by Administering Office or designee) (Approved by FHWA (when applicable)) Page 236 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer July 21, 2025 Engineering Department AGENDA ITEM TITLE Motion to approve Change Order No. 07 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of$45,232.12, in conjunction with FY 2022 Park Avenue Bridge Replacement Project, Contract No. 1013, DOT Contract No. BRM-CHBP-8155(771)--NB-07, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This is to change the type of street light pole to match the City standard light pole that is used. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES GO Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 237 of 443 1. CO 07 (771) Millerbernd pole system Page 238 of 443 C,IOWADOT Accounting ID No.(5-digit number):37969 Form 831240 (12-20) CHANGE ORDER Change Order No.:07 For Local Public Agency Projects No.:07 Non-Substantial:71 2025.06.17 Substantial: ® Administering Office Concurrence Date Accounting ID No.(5-digit number):37969 Project Number:BRM-CHBP-8155(771)--NB-07 Contract Work Type:Bridge Replacement-PPCB Local Public Agency:City of Waterloo Contractor:Peterson Contractors Inc. Date Prepared:2025.06.13 You are hereby authorized to make the following changes to the contract documents. A-Description of change to be made: 2480 Change:Delete Item"Bridge Rail Lighting and Electrical" 8012 Change:Add Item"Bridge Rail Lighting and Electrical"Item shall be as described in Plan Item 103,estimate reference notes,and plan sheets P.1 thru P.11 with the exception that the light poles shall be Millerbernd Type Poles(WLDMT Pole Elite Light 8S). B-Reason for change: 0248&8012:This modification changes the design plan requirement from supplying'25 foot poles with 4"non-tapered steel wall thickness black in color'to a"Millerbernd pole"to match the pole type in this area of the City. C-Settlement for cost(s)of change as follows with items addressed in Sections F and/or G: 8012:Agreed Lump Sum Price. 2480: Contract Unit Price D-Justification for cost(s)(See I.M.6.000,Attachment D,Chapter 2.36,for acceptable justification): 8012,Lump Sum price appears acceptable based on the following breakdown: The original contract lump sum price for contract item 2480 was$395,000.00.The increased cost for specifying Millerbernd pole system is justified as Contractor's breakdown for Lump Sum Price. 13 single arm poles $2,813.45 (new poles)-$978.00(bid poles)=$1,835.45 x 1.15(mark-up)x 1.10(prime OH)=$2,321.84 x13=$30,183.92 5 double arm poles $3,837.16(new poles)-$1,458.00(bid poles)=$2,379.16 x 1.15 (mark-up)x 1.10(prime OH)=$3,009.64 x 5=$15,048.20 Requested price increase$30,183.92+$15,048.20=$45,232.12 Total new Item 8012=$395,000.00(original bid price)+$45,232.12(price increase)=$440,232.12 E-Contract time adjustment: ® No Working Days added Working Days added: Unknown at this time Justification for selection: The impact on the controlling operation is considered neglW� ,qui no change to the contract time. Page 239 of 443 C,IOWADOT Form 831240 (12-20) Page 2 of 3 Page 240 of 443 CJIOWADOT Accounting ID No.(5-digit number):37969 Form 831240 (12-20) Change Order No.:07 F-Items included in contract: Participating For deductions enter as "-x.xx" Federal- State- Line Item Descrition Unit Price Quantity Amount aid aid Number pxx xxx Ax 2480 Bridge Rail Lighting and Electrical,L.S. $1.00 -395,000 -$395,000.00 Add Row Delete Row TOTAL -$395,000.00 G-Items not included in contract: Participating For deductions enter as "-x.xx" Federal- State- Change Item Number Item Description Unit Price Quantity Amount aid aid Number xx xxx Ax 8012 2599-9999010 Bridge Rail Lighting and $1.00 440,232.12 $440,232.12 Electrical,L.S. Add Row Delete Row TOTAL $440,232.12 H.Signatures Signatures will be applied through DocExpress. Page 3 of 3 Page 241 of 443 Doc Express ® Document Signing History Contract: 07-8155-771 Document: CO 07 (771) Millerbernd pole system This document is in the process of being signed by all required signatories using the Doc Express® service. Following are the signatures that have occurred so far. Date Signed By Jennifer Wissler 06/26/2025 Peterson Contractors Electronic Signature (Approved by Contractor) (Recommended by Engineer/Approved) (Approved by PIRC (when applicable)) (Approved by Administering Office or designee) (Approved by FHWA (when applicable)) Page 242 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department July 21, 2025 AGENDA ITEM TITLE Motion to approve Recycling Yard License applications as listed in Exhibit A. 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. 2025-2026 RECYCLING YARDS Page 243 of 443 EXHIBIT "A" APPROVED NEW DEAL AUTO SALVAGE 612 POWER ST PAT'S AUTO SALVAGE 1000 LOWELL AVE PAT'S AUTO SALVAGE 945 LOWELL AVE PAT'S AUTO SALVAGE 1117 SHEFFIELD AVE VIC FULLER SALVAGE 2113 E MITCHELL AVE Page 244 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Lance Dunn, Human Resources Director July 21, 2025 Human Resources Department AGENDA ITEM TITLE Communication from the Police Department on the notice of the conclusion of employment of Gregory Erie, Police Sergeant, effective June 30, 2025, with recommendation of approval of payout of $15,968.16 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. ERIE PAYOUT 7.21.2025 Page 245 of 443 Page 246 of 443 CITY of City Council qo� << Notice of TERLDD Employment . '°"`" Severance Community of opportunity Today's Date: 7/1/2025 Department: Police Department Effective Date: 6/30/2025 Job Classification: Police Officer/Sergeant Employment Date: 3/20/1995 Employee Name: Gregory Erie The employment with the named City of Waterloo employee has been severed by reason of: 0 Retired Disability Related 0 No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Payout Vacation-Accrued 150.75 $ 54.10 $ 8,155.58 Vacation-Current 125 $ 54.10 $ 6,762.50 Usable Sick Leave 0 $ 54.10 25% $ - Casual Hours 0 $ 54.10 $ - Comp Time Pay 9.41 $ 54.10 $ 509.08 Unscheduled Leave 10 $ 54.10 $ 541.00 Other Pay $ - Total Payment $ 15,968.16 Comments Approved by Aaron McClelland Date 07/08/2025 Human Resources Mzo&Aachel& Date 07/28/2025 Council Agenda Date: 7/21/25 KMW Page 247 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department July 21, 2025 AGENDA ITEM TITLE Camerion Campbell, Board/Commission: Community Development Board, Expiration Date: June 18, 2028, [Renewal]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Camarion Campbell Page 248 of 443 CITY OF WATERLOO, IOWA RECEIVED APR 10 7019 BOARDS & COMMISSIONS APPLICATION Date:_ CI )N Q'o � request to be appointed to (state preference): (Name) 2. Home Phone:'� IL`146 Cell Phone:S6- %-1P0-a3 Work Phone:Ugj-q_ q7-o,,�-j Email Address Qorr,rxc Home Address `�`?zZ �l�h S� �;Ju vl�scs. Zip Code slO Employer._s* . bC C'cnrc"CA1Z Se,-Ua c sTitle Employer Address0. �cY�2� irk C `k3 Zip Code `�uN6 How long have you resided in Waterloo? L3D yrs Email address: List current membership in organizations and offices held:Eu�& �k0.s�c% 5kcyn Yam&j -1Nw lcil �W r \Vi- � ak- Lir t i I am available for meetings: ❑ A.M. XP-M. ❑ Noon N( venings I am available to serve on a Board/Commission the entire year:)�Yes ❑ No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: _ b t C V) P\eX.NaLb Additional information and comments tha may not be evident from information already on this form: 6 References(include phone numbers): %tk2{A WpAer5y-� '3Kj — q0- C7 �vM �-�t,4h.Us4;�.� � �� _•U.ct �i,��e.rne:bvzr� �i .� I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file o ne calendar year from above date. UJ111t�(LpkinC�;sdc �- rn f3 }� I u v as Signature C&, RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 avoa►, ,9 FAX 291-4286; EMAIL: mayor(cVwaterioo_-ia.org; PHONE 291-4301 Lo Page 249 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Lance Dunn, Human Resources Director July 21, 2025 Human Resources Department AGENDA ITEM TITLE _ Motion to approve appointment of Aaron McClelland to the position of Assistant Police Chief in the Waterloo Police Department, effective July 22, 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 ATTACHMENTS 1. ASSISTANT CHIEF OF POLICE 7.2025 Page 250 of 443 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: No active list A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Police Assistant Chief Department: Police Department Reports To: Chief of Police Work Location: City of Waterloo Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ®Yes ❑No ® Internal Posting Only Bargaining Position: ❑ Yes ®No ❑Internal Posting and External Advertising Bargaining Group: Non-bargaining Position: ® Yes ❑No Complete the following if the requisition is to fill a vacancy: ® New Position or ❑ Replacement Position for: (Specify name and title of former incumbent) Date incumbent terminated employment: _ Date of final payout: N/A Anticipated start date: As soon as possible No. of hours/week: 40 Work schedule: 5/2 Justification of need for position: Chief Duncan is requesting the position of Assistant Chief be re implemented. The prior Chief removed the position and as a department our size this is a vital role when the Chief is unavailable. The Assistant Police Chief supports the Chief of Police in planning, organizing, and directing all operational and administrative activities of the police department. This role involves overseeing divisions, developing policies, ensuring compliance with laws and procedures,fostering community relations, and serving as Acting Chief when necessary. The Assistant Chief plays a key leadership role in strategic planning, staff supervision, and maintaining public safety and trust. What are the likely consequences if the position is not filled? There will be an inadequate amount of senior command level staffing to maintain the effeciency and the day to day operations and administrative duties in the police department. APPROVALS 10q,4b W_ Annual salary requirements: $159,315.00 Hourly Rate: $76.59 Benefits: 23,6�5 d' 410t-Ak (Payroll taxes,pension,health ins.-assuming family) Is position budgeted for this and future FYs? ® Yes ❑No If no, how will position be funded? Approved subject to the following conditions: 4Z Submitting Department Head bate Mayor Date Created 8/7/2014 Page 251 of 443 Chief Financial Officer Date City Clerk/Human Resources Director Date Human Resources Committee Chairperson Date Created 8/7/2014 Page 252 of 443 PERSONNEL REQUISITION {Police Assistant Chief} The following questions are provided as guidelines to assist you in developing your rational for the position of Major in the Police Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Department management position responsible for the leading, directing, control, supervision, planning, organization, funding and review of activities within the department. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no,why not? No, all existing supervising personnel have areas of responsibility that does not allow for the permanent sharing of duties. (3) How is the work of this position being accomplished now? In the absence of a Captain the work is being shared by a variety of personnel within the department creating conflicting schedules. Often times work is held until the specific Division Commander returns. (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)? It is critical that we have appropriate leadership and direction to reduce liability and increase functionality of the department. (6) What cost savings or revenues, if any,would your department or the City realize if this position is filled? This position is required to have oversight of the Police Department and reduce liability as a result of the current command structure. (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? None at this time. (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. Calls for service numbers have increased over the past three years while staffing levels has remained constant. Page 253 of 443 (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. There will be lack of oversight and direction of employees from a senior commander in charge of that Division. Work will be assigned to other personnel, resulting in overtime. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The critical duties and responsibilities are completed by the other Police Captains, in addition to their regular duties. (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 (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? All public safety positions are critical. Without proper supervision the ability of the line officer suffers and there is increased physical and financial risk to the city and the employee's. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? The City Council has been very supportive of their desire to have strong public safety agencies. The staffing of all positions, as authorized by the City Council is required for us to perform our law enforcement duties. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 254 of 443 CITY OF TERLOO .� Iowa Commun CIVIL SERVICE NOTICE CITY OF WATERLOO,IOWA OPEN EXAMINATION ASSISTANT CHIEF OF POLICE DEPARTMENT POLICE SALARY $159,315.00 FLSA EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON-BARGAINING GENERAL STATEMENT OF DUTIES The Assistant Police Chief supports the Chief of Police in planning,organizing,and directing all operational and administrative activities of the police department.This role involves overseeing divisions, developing policies, ensuring compliance with laws and procedures, fostering community relations, and serving as Acting Chief when necessary. The Assistant Chief plays a key leadership role in strategic planning, staff supervision, and maintaining public safety and trust. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions include: 1. Assist in the overall management of the police department, including patrol, investigations, special units, and administrative services. 2. Directly supervise and evaluate division commanders and other senior staff. 3. Develop and implement departmental policies, procedures, and programs in alignment with best practices and legal standards. 4. Coordinate with city officials, community leaders, and other law enforcement agencies. 5. Monitor departmental performance and recommend changes to improve efficiency and effectiveness. 6. Oversee budget planning, resource allocation, and grant acquisition. 7. Serve as a liaison to the public, ensuring transparency and community engagement. 8. Conduct internal investigations and ensure compliance with professional standards and accountability measures. 9. Act as Chief of Police in the Chiefs absence. 10. Respond to major incidents and emergencies, providing leadership and direction. Page 255 of 443 REQUIRED KNOWLEDGE,SKILLS,AND ABILITIES 1. Comprehensive knowledge of the principles and methods of planning, organization, management,and personnel supervision. 2. Comprehensive knowledge of current principles and practices of public administration. 3. Ability to provide administrative direction within a municipal department. 4. Ability to supervise,evaluate,and lead the work of others and maintain a high level of discipline and morale. 5. Ability to communicate effectively with others,orally and in writing,using technical and non- technical language. 6. Ability to understand and follow oral and/or written policies,procedures,and instructions. 7. Ability to prepare and present accurate and reliable reports containing findings and recommendations. 8. Ability to operate a personal computer using standard or customized software applications appropriate to assigned tasks. 9. Ability to use logical and creative thought processes to develop solutions according to written specifications and/or oral instructions. 10. Ability to perform a wide variety of duties and responsibilities with accuracy and speed under the pressure of time-sensitive deadlines. 11. Ability and willingness to quickly learn and put to use new skills and knowledge brought about by rapidly changing information and/or technology. 12. Ability to develop community support for and promotion of department activities through speeches to civic,business and school groups. 13. Ability to administer collective bargaining agreements that cover Police Department employees. 14. Ability to work with people from a broad variety of social, economic, racial, ethnic, and educational backgrounds. 15. Ability to react quickly and calmly and to direct the work of subordinates in emergency situations. 16. Ability to establish and maintain liaisons with Federal,State,and other government subdivisions, businesses,civic and citizen groups and the media. 17. Ability to promote effective working relationships with other departments,staff,subordinates, elected officials,and the public. ACCEPTABLE EXPERIENCE&TRAINING The minimum requirement to apply for the Assistant Chief position is to have a rank of Captain with the Waterloo Police Department with at least one year's experience(at the time applications are due)at this rank. 1. Certification by the State of Iowa Law Enforcement Academy(ILEA)as a peace officer orthe ability to be certified within one year of appointment and meet all ILEA required certification standards as governed by the Iowa Code and administrative rules. 2. Experience working with culturally and racially diverse communities. 3. Must possess a current driver's license from state of residence and good driving record based on City of Waterloo driver's performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment,if the candidate remains without a valid,current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its Page 256 of 443 equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period,excluding speeding violations of 10 mph or less over the posted speed limit;three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving, or other major moving violation within the previous five years; two or more at-fault accidents within a three-year period while driving on City business. An applicant's driving record will be reviewed at the time of application, prior to certification of the Civil Service List and prior to an offer of employment. After hire, driving record will be reviewed at least annually. Must obtain Iowa driver's license within thirty days of appointment to position. ESSENTIAL PHYSICAL ABILITIES Requires the following with or without reasonable accommodations: 1. Sufficient clarity of speech and hearing or other communication capabilities that permits the employee to communicate effectively. 2. Sufficient vision or other powers of observation that permits the employee to review a wide variety of written material in electronic or hard copy form. 3. Sufficient manual dexterity that permits the employee to operate a personal computer and related equipment. 4. Sufficient personal mobility and physical reflexes that permits the employee to have access to various work sites throughout the City and out of the area. 5. Must also possess the functions that are considered essential for the successful performance in this job classification and are derived from the performance objectives stated in the Medical Protocol for Police Officers as per the Municipal Fire and Police Retirement System of Iowa. WORK SCHEDULE Generally, 7:00 a.m. - 4:00 p.m. Monday through Friday with one-hour unpaid lunch. Must also be available outside these hours for department or City activities or meetings that require the attendance of the Assistant Police Chief including Council Meetings and staff meetings. EXAMINATION INFORMATION Qualified applicants who apply by the deadline date will submit to an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination, will be the individuals placed on the certified list. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service-connected disability. Page 257 of 443 ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. ASSISTANT CHIEF OF POLICE 2025 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 258 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department July 21, 2025 AGENDA ITEM TITLE Lisa Munoz, Board/Commission: Human Rights, Expiration Date: January 18, 2028, [Renewal]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 259 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department July 21, 2025 AGENDA ITEM TITLE Leisure Services Commission Board minutes of May 13, 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 ATTACHMENTS 1. Board Minutes 5-13-2025 Page 260 of 443 i i MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, May 13, 2025 300 Jefferson Street The meeting was held in the Cedar Valley SportsPlex Multipurpose Room at 300 Jefferson Street. The meeting was called to order at 7:30 am. Present: Council Liaison Dave Boesen, Ellen Vanderloo, Jessica Rucker, Robert Welch, Allison Richter, Tom Powers Staff: JB Bolger, Todd Derifield, Chris Dolan, Bob Etringer, Travis Nichols Absent: Council Liaison Nia Wilder, Jeremy Kruth, Tim Moses Ellen Vanderloo called for approval of the agenda. Jessica Rucker motioned to approve the agenda, second by Tom Powers. Ayes: All Nays: None Ellen Vanderloo called for motion for the approval of the April 8, 2025, meeting minutes. Tom Powers motioned to approve the meeting minutes, second by Allison Richter. Ayes: All Nays: None REVIEW OF BILLS Ellen Vanderloo called for approval of the bills. Questions were answered. Motion by Allison Richter to approve April 2025 bills, Tom Powers made a second. Ayes: All Nays: None ` STAFF UPDATES Sports and SportsPlex — Bob Etringer Due to school ending we have lost 10 staff members for the summer. Staff is currently going room by room and dusting and painting needed areas. Events are currently slow —the multipurpose room has a couple rentals a week and will be used for open houses/grad parties. Five after proms have been hosted at the Sportsplex. Construction, Projects — Travis Nichols The construction has switched over to the summer garbage route which is ran 5 days a week. We are currently training a seasonal staff member for this position. It usually takes two weeks for them to learn the route. All restrooms that can be opened are open and all drinking fountains should be up and working. We continue to do park k inspections and create general maintenance off those inspections. The Gates project punch list walkthrough is Thursday. We will make a thorough list of corrections needed for the park to be turned over to Leisure Services. Byrnes Project is coming along and should be ready for the June 7th opening date for the pool. The Nope Martin playground will be delivered this month with installation planned for June by our staff. The CDBG projects at Sullivan, Edison and Furgerson Fields Parks are approved and materials are being ordered. The Elks Park CDBG is waiting for a geological review. Page 261 of 443 Golf and Downtown Area — JB Bolger Golf Rounds Report was handed out. Note that the report is almost two weeks old now since it was through the end of April. We have had many nice weather days in May so there is a good chance we have caught back up in rounds from what the report showed we had in 2024 business. A bid for the new South Hills Maintenance Building was awarded to Matt Construction out of Sumner Iowa with a base bid of$224,800 and alternates for thicker steel on the driving range facing west wall and a trench drain in the shop floor and related sand oil separator that hooks to the trench drain. Thos alternates took the project total to $230,958. Discussion was held about the Engineers Estimate for the project being $205,000 however that did not include several last minute changes and additions to the plans so the price received from Matt Construction was in line and reasonable. We anticipate opening Gates Splash Pad and Marks Park Splash Pad by Memorial Weekend. We have a full time employee hire on the May 19th agenda for the Downtown Area Maintenance II position. This vacancy was created by the retirement of our Mechanic before Thanksgiving and then the transfer of a previous Downtown Area Maintenance II staff member to backfill the Mechanic's position. Sailor Nation has made good progress on the renovation of Galloway ball diamond. We will be removing the spoil material today from the park. They need to bring in the new infield surface and install bases, home plate and the pitchers rubber and then they will be done. Young Arena — Chris Dolan The Waterloo Black Hawks dark Cup Playoffs Recap 1. Monday April 14 Tri City Win 2-1 Attendance 186 2. Tuesday April 15 Tri City Win 7-3 Attendance 1982 3. Monday April 21 Sioux Falls Win 6-2 Attendance 1724 4. Tuesday April 22 Sioux Falls Win 6.5 Attendance 1744 5. Wednesday April 30 Lincoln Win 5.0 Attendance 2213 6. Thursday May 1 Lincoln win 3-0 Attendance 2269 7. Friday May 9 Muskegon Win 8-5 Attendance 2956 8. Saturday May 10 Muskegon Lost 4-1 Attendance 3188 Uocoiniz Games Friday May 16 @ Muskegon Saturday May 17 @ Muskegon Tuesday May 20 @ Waterloo,Young Arena *** if necessary*** The next regular Leisure Services Commission Meeting will be held Tuesday, June 10, 2025. Tom Powers made a motion to adjourn the meeting, second by Allison Richter. Ellen Vanderloo adjourned the meeting at 8:05 am. i Secretary Jessica Rucker WIZO15 Dat Page 262 of 443 CITY OF ERLOO "v� '404 _T__ IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department July 21, 2025 AGENDA ITEM TITLE Liquor Licenses a. Benevolent & Protective Order of Elks#290, 407 E. Park Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp:06/30/2026. b. Brenda's Park Road Inn, 306 Park Road, Classs C w/Sunday Sales (Renewal) Exp: 08/08/2026. c. Cedar Ridge Distillery, 306 E. 4th Street, Class C w/Sunday Sales (New) Exp:08/05/2025 d. Chaser's Pub, 3005 University Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp:07/07/2026. e. Kwik Star#723, 707 Broadway Street, Class B w/Sunday Sales (Renewal) Exp: 07/21/2026. f. Kwik Star#723, 707 Broadway Street, Class B w/Sunday Sales (Premises Updates) Exp: 07/21/2026. g. Kwik Star#724, 1105 Cedar Bend Street, Class B w/Sunday Sales (Renewal) Exp: 07/21/2026. h. Kwik Star#724, 1105 Cedar Bend Street, Class B w/Sunday Sales (Premises Updates) Exp: 07/21/2026. i. Kwik Star#732, 324 Fletcher Avenue, Class B w/Sunday Sales (Renewal) Exp: 07/21/2026. j. Kwik Star#732, 324 Fletcher Avenue, Class B w/Sunday Sales (Premises Updates) Exp: 07/21/2026. k. Kwik Star#569, 875 Fisher Drive, Class B, w/Sunday Sales (Renewal) Exp: 08/27/2026. I. Light House Lounge, 1307 W. 5th Street, Class C w/Sunday Sales (Renewal) Exp: 06/28/2026. m. Maple Lanes, 2608 University Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp:07/22/2026. n. Studio 13 Waterloo, 304 W. 4th Street, Class C w/Outdoor Service and Sunday Sales (New) Exp:07/31/2026. o. Yesway Store #1022, 1976 Franklin Street, Class E w/Sunday Sales (Renewal) Exp: 07/12/2026. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Page 263 of 443 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 264 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department July 21, 2025 AGENDA ITEM TITLE Cigarette/Tobacco/Nicotine/Vapor Permits a. Bamboo Ridge Campground, Inc., 4550 LaPorte Road. (Retail Tobacco) b. Behar Bar, 312 W. 4th Street. (Retail Tobacco) c. BJ's Sports & Billards, 110 Ida Street. (Retail Tobacco) d. Cork's Grocery, 1956 Lafayette Street. (Retail Tobacco) e. Express Mart, 2027 Falls Avenue. (Retail Tobacco) f. Family Dollar Stores #30944, 2206 Kimball Avenue. (Retail Tobacco) g. New Star Fletcher, 315 Fletcher Avenue. (Retail Tobacco) 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 265 of 443 ATTACHMENTS None Page 266 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department July 21, 2025 AGENDA ITEM TITLE _ Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 267 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director July 21, 2025 Planning & Zoning Department AGENDA ITEM TITLE Asbestos Abatement Services, Contract AB-2025-07-09P. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The properties in question were acquired by the City, and include: 1712 E 4th St, 708 Mobile St, 127 Newell St, 418-420 Courtland St, 1117 Lincoln St, 227 Ricker St, 406 Randall St, 718 W 2nd St, and 411 Logan Ave. The properties are being abated of asbestos in preparation of demolition. The property at 1117 Lincoln St was originally included in the request for bid, but was removed by Addenda No. 1, as the building has partially collapsed and has been deemed unsafe to abate. NEIGHBORHOOD IMPACT The action is in preparation for demolition, which will remove blighted buildings in several neighborhoods. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate: $40,000. To be paid from Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 268 of 443 ATTACHMENTS 1. Bid Tabulation Asbestos Abatement Services, Cont. AB-2025-07-09P 2. RFB Asbestos Abatement Services Contract AB-2025-07-09P 3. Exhibit C Asbestos Abatement Services Contract AB-2025-07-09P Page 269 of 443 Asbestos Abatement Services, Cont. AB -2025-07-09P Engineering Estimate $40,000.00 July 10, 2025 Bidder Bid Security Bid Amount ALL STAR ENVIRONMENTAL, $41,772.00 LLC 5% SITE SERVICES, INC. $49,600.00 ALGONA, IOWA 5% ADVANCED ENVIRONMENTAL TESTING & ABATEMENT, INC. 5% $34,940.00 WATERLOO, IOWA Page 270 of 443 CITY OF WATERLOO , IOWA O F WA rF O p �6 0 �S 7b17�� Request for Bid ASBESTOS ABATEMENT SERVICES July 2025 Asbestos Abatement Services Contract AB-2025-07-09P 1712 E 4' St, 708 Mobile St, 127 Newell St, 418-420 Courtland St, 1117 Lincoln St, 227 Ricker St, 406 Randall St, 718 W 2nd St, and 411 Logan Ave City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder-Project Manager Page 271 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 asbestos abatement services Contract AB- 2025-07-09P — 1712 E 4t" St, 708 Mobile St, 127 Newell St, 418-420 Courtland St, 1117 Lincoln St, 227 Ricker St, 406 Randall St, 718 W 2nd St, and 411 Logan Ave. 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 September 26, 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. 1.1 RFB Timeline Name of the Bid: Asbestos Abatement Services Contract AB-2025-079-09P Notice of RFB Date: June 18, 2025 Mandatory Walk Thru: There will be a mandatory walk thru for 418-420 Courtland St and 1117 Lincoln St on Thursday, June 26, 2025 at 1:00 p.m. We will meet at 418-420 Courtland St first, and then go to 1117 Lincoln St. Bidders that do not have a representative in attendance at these walk thrus are NOT eligible to bid on this contract. There will not be a mandatory walk thru for the other properties, bidders are advised/encouraged to make their own inspections prior to bid submittal. See Section 4.5 for additional details. Deadline for Bid Submittal: Thursday, July 10, 2025 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR ASBESTOS ABATEMENT SERVICES CONTRACT AB-2025-07-09P City of Waterloo City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Aric Schroeder, City Planner/Project Manager (City's Representative) E-mail Address: aric.schroeder(a)-waterloo-ia.org Phone: Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-07-09P:1712 E 4"St,708 Mobile St,127 Newell St,418-420 Courtland St,1117 Lincoln St,227 Ricker St,406 Randall St,718 W 21d St,and 411 Logan Ave Page 2 of 11 Page 272 of 443 or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) 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 Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Bids will be opened on Thursday, July 10, 2025, 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 Channel. 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 could be as early as the City Council meeting on Monday, July 21, 2025 at 5:30 p.m. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) 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. 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 proposal evaluators, is the most responsive and responsible bid, that offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City will select a Bidder based on knowledge of experience and qualifications, and past experience with Bidder, cost will not be the sole determining factor. A Bidder's submittal of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used in the evaluation. Evaluation criteria may include, but are not limited to: i. Satisfactory experience in the timely completion of work; ii. Bidder's reputation and financial status; iii. Past experience and service provided by the Bidder; iv. Bidder's ability to meet the insurance and bonding requirements; and V. Bidders ability to immediately fully staff the project with certified, licensed staff. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence and $2,000,000 general aggregate combined single limit, for Personal Injury, 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. Also required is Pollution Liability Insurance, which shall be True Occurrence, not Claims Made. The Contractor shall obtain and maintain coverage for claims arising from bodily injury, property damage, and the use of owned, hired, or leased autos. The insurance shall cover all asbestos and hazardous materials liability aspects of the RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-07-09P:1712 E 4"'St,708 Mobile St,127 Newell St,418-420 Courtland St,1117 Lincoln St,227 Ricker St,406 Randall St,718 W 21d St,and 411 Logan Ave Page 3 of 11 Page 273 of 443 project, including the project site, during transportation from the project site to the disposal site, and during unloading operations at the disposal site. Additionally, coverage shall include all costs of the cleanup of any releases to the environment of any asbestos-containing materials or hazardous materials during project abatement, and transportation for disposal. Such coverage shall have limits of no less than $1,000,000 per occurrence and $2,000,000 per project aggregate. 2.2 A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid 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. The successful Bidder will be required to furnish a 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. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". 2.6 The Bidder hereby agrees to conform with all provisions of the Federal Civil Rights Act; The Code of Iowa, Chapter 216 Civil Rights Commissions rules and regulations; and conform to provisions set for in Iowa Code 692A.11. The Bidder certifies that they are permitted by the Iowa Workforce Development to conduct asbestos abatement in the State of Iowa. The Bidder hereby agrees that they will comply with all federal and state affirmative action/equal employment opportunity requirements concerning fair employment and will not discriminate between or among by reason of race, color, religion, sex, national origin, or physical handicap. The Bidder hereby agrees that they will make any and all supervisors and workers assigned to duties on the project for which this bid has been submitted aware of their duties under the Contract Documents, including these Project Specifications, and other documents presented as part of this project and all federal, state, and local laws and regulations. 2.7. The Bidder shall call to the City's attention, prior to signing a contract, any omissions or errors noted in the Specifications or Scope of Work that are at odds with the intent of the bid documents, the project, or any federal, state, or local laws or regulations. The Bidder, by submitting a bid and bid security, acknowledges that they forfeit the bid security upon failure to enter into such contract. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-07-09P:1712 E 4"'St,708 Mobile St,127 Newell St,418-420 Courtland St,1117 Lincoln St,227 Ricker St,406 Randall St,718 W 21d St,and 411 Logan Ave Page 4 of 11 Page 274 of 443 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately three (3) months anticipated to begin July 21, 2025, to October 20, 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 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; RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-07-09P:1712 E 4"'St,708 Mobile St,127 Newell St,418-420 Courtland St,1117 Lincoln St,227 Ricker St,406 Randall St,718 W 21d St,and 411 Logan Ave Page 5 of 11 Page 275 of 443 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 be 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. 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 proposals for asbestos abatement services for: 1712 E 4tn St, 708 Mobile St, 127 Newell St, 418-420 Courtland St, 1117 Lincoln St, 227 Ricker St, 406 Randall St, 718 W 2nd St, and 411 Logan Ave. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Bidder shall be responsible to familiarize itself with the specifications included in this RFB and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-07-09P:1712 E 4"'St,708 Mobile St,127 Newell St,418-420 Courtland St,1117 Lincoln St,227 Ricker St,406 Randall St,718 W 21d St,and 411 Logan Ave Page 6 of 11 Page 276 of 443 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos surveys included as Exhibit "B". Assess and reasonably ascertain if there is any ACM that was not identified in the asbestos surveys included as Exhibit "B". Removal of any non-identified ACM will be done by change order amendment to the Contract. Costs associated with this Contract shall be "lump sum". If the abatement Contractor requires additional inspection and testing, if it is based on it being missed by the survey contractor or not sufficiently identified by the survey contractor (as determined by the City's Representative), then the costs associated with the additional inspection and testing shall not be the responsibility of the abatement Contractor. However, if the re-inspection(s) and testing are required for failure of the asbestos abatement Contractor to remove all ACM, and missed ACM was clearly identified in the survey (as determined by the City's Representative), the abatement Contractor shall be responsible for payment to the survey contractor for any reinspection and testing fees as part of the "lump sum" costs of this Contract. 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the City's Project Manager upon request. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. 4.1.7 Provide clearance certification that the structure(s) are clear of ACM and ready for demolition. The Contractor shall investigate the environmental condition, including the presence, location, and condition of ACM. Any failure of the Contractor to acquaint themselves with available information will not relieve them from the responsibility for determining the difficulty or cost of successfully performing the work. No increase in Contract cost will be considered due to the Bidder's failure to physically verify all site attributes affecting the work, or other materials specified by the Contract Documents. The City is not responsible for any conclusions or interpretations made by the Bidder on the basis of the information made available by the City. The Contractor may have to demolish materials to gain access to some ACM. These items may include, but are not limited to interior walls (consisting of wood paneling, tile, block, drywall, plaster, brick, non-structural concrete, etc.), ceiling and floor demolition (acoustical ceiling tile, grid, electrical wiring, piping, glue pods and/or glued on ceiling tiles, floor tiles or other flooring, mechanical items, etc.); cabinets, shelves, dividers/cubicles/desks, furniture, piping, utilities, base boards, built-up roofing, etc. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-07-09P:1712 E 4"'St,708 Mobile St,127 Newell St,418-420 Courtland St,1117 Lincoln St,227 Ricker St,406 Randall St,718 W 21d St,and 411 Logan Ave Page 7 of 11 Page 277 of 443 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 Proposal. 4.3 The contractor that conducted asbestos surveys is eligible to perform asbestos abatement on the same properties, and therefore is eligible to bid on this RFB. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within the Contract Term (anticipated to be October 20). 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. 4.5 A mandatory walkthrough will be required for 418-420 Courtland St and 1117 Lincoln St on Thursday, June 26, 2025 at 1:00 p.m. (meet at 418-420 Courtland St first). Bidders that do not have a representative in attendance at the walk thrus are not eligible to bid on this contract. Both of these properties are in poor condition, and the survey contractor was not able to sample all areas because of unsafe conditions. The other properties will not have a walk thru, but bidders are advised/encouraged to make their own inspections prior to bid submittal. The Planning Department is not in possession of a key to anyt of the properties. Properties may be boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re-install any boards you remove to attempt to maintain security. Please Note: some of these properties are in very poor condition, and may require careful methods (such as an extension ladder) to reach basements or upper levels. Use caution when entering the properties. Enter at your own risk. SECTION V GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- be noted in detail, and submitted in writing in the The word CITY refers to the CITY OF WATERLOO, Proposal. Completed specifications should be attached IOWA throughout these Instructions and Terms and for any substitutions offered, or when amplifications are Conditions. Similarly, PROPOSER refers to the person desirable or necessary.The absence of the specification or company submitting an offer to sell its goods or deviation statement and accompanying specifications services to the CITY, and CONTRACTOR refers to the will hold the Proposer strictly accountable to the successful bidder. specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall 2. PROPOSER QUALIFICATIONS - No Proposal shall be be grounds for rejection of the item when offered for accepted from, and no Contract will be awarded to, any delivery. If specifications or descriptive papers are person, firm or corporation that is in arrears to the City submitted with Proposals, the Proposer's name should upon debt or Contract, that is a defaulter, as surety or be clearly shown on each document. otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If 4. COLLUSIVE PROPOSAL - The Proposer certifies that requested, Proposers shall be required to submit the proposal submitted by said Proposer is done so satisfactory evidence that they have a practical without any previous understanding, agreement or knowledge of the particular supply/service proposal and connection with any person, firm, or corporation making that they have the necessary financial resources to a proposal for the same Contract, without prior provide the proposed supply/service as described in this knowledge of competitive prices, and it is, in all Request for Proposal. respects, fair, without outside control, collusion, fraud or otherwise illegal action. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR-Any deviation from this specification MUST RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-07-09P:1712 E 4"'St,708 Mobile St,127 Newell St,418-420 Courtland St,1117 Lincoln St,227 Ricker St,406 Randall St,718 W 21d St,and 411 Logan Ave Page 8 of 11 Page 278 of 443 5. SPECIFICATION CHANGES, ADDITIONS AND regulations of a governmental body having jurisdiction DELETIONS-All changes in Proposal documents shall shall apply to the award throughout as the case may be, be through written addendum. Verbal information and are incorporated here by reference. obtained otherwise will NOT be considered in awarding of Proposals. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by 6. PROPOSAL CHANGES - Proposals, amendments the City. thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless 14. ELECTRONIC SUBMITTAL - Telegraphic and/or of when they were mailed. proposal offers sent by electronic devices (e.g.facsimile machines) are not acceptable and will be rejected upon 7. HOLD HARMLESS AGREEMENT - The Contractor receipt. Proposing firms will be expected to allow agrees to protect, defend, indemnify and hold harmless adequate time for delivery of their proposal either by the City of Waterloo, its officers and employees, their airfreight, postal service,or other means. agencies and agents, from any and all claims and damages of every kind and nature made, rendered or 15. CANCELLATION-Either party may cancel the award in incurred by or in behalf of every person or corporation the event that a petition, either voluntary or involuntary, whatsoever, including the parties hereto and their is filed to declare the other party bankrupt or insolvent or employees that may arise, occur, or grow out of any in the event that such party makes an assignment for acts, actions, work or other activity done by the the benefit of creditors. Contractor, its employees, subcontractors or any independent contractors working under the direction of 16. ASSIGNMENT - Proposer shall not assign this order or either the Contractor or subcontractor in the any monies to become due hereunder without the prior performance of this Contract. written consent of the City. Any assignment or attempt at assignment made without such consent of the City 8. PROPOSAL REJECTION OR PARTIAL ACCEP- shall be void. TANCE -The City reserves the right to reject any or all 17. EQUAL OPPORTUNITY - The successful firm agrees Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to not to refuse to hire, discharge, promote, demote, or to accept in whole or in part such Proposals where it is otherwise discriminate in matters of compensation deemed advisable in protection of the best interests of against any person otherwise qualified solely because the City. of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, 9. PROPOSAL CURRENCY/LANGUAGE - All proposal citizenship status,disability,or veteran status. prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of 18. TAXES -The City of Waterloo is exempt from sales tax the exchange rate. All proposal responses must be and certain other use taxes. Any charges for taxes from submitted in English. which the City is exempt will be deducted from invoices before payment is made. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 19. PROPOSAL INFORMATION IS PUBLIC — All 45 days and on receipt of an original invoice and all documents submitted with any proposal and the necessary supporting documentation. proposal shall become public documents and subject to Iowa Code Chapter 22,which is otherwise known as the 11. MODIFICATION, ADDENDA & INTERPRETATIONS - "Iowa Open Records Law". By submitting any document Any apparent inconsistencies, or any matter requiring to the City of Waterloo in connection with a proposal, explanation or interpretation, must be inquired into by the submitting party recognized this and waives any the Proposer in writing at least 72 hours (excluding claim against the City of Waterloo and any of its officers weekends and holidays) prior to the time set for the and employees relating to the release of any document Proposal opening. Any and all such interpretations or or information submitted. modifications will be in the form of written addenda. All addenda shall become part of the Contract documents Each submitting party shall hold the City of Waterloo and shall be acknowledged and dated on the signature and its officers and employees harmless from any page. claims arising from the release of any document or information made available to the City of Waterloo 12. LAWS AND REGULATIONS - All applicable State of arising from any proposal opportunity. Iowa and federal laws, ordinances, licenses and RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-07-09P:1712 E 4"'St,708 Mobile St,127 Newell St,418-420 Courtland St,1117 Lincoln St,227 Ricker St,406 Randall St,718 W 21d St,and 411 Logan Ave Page 9 of 11 Page 279 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. 1712 E 41h St, 708 Mobile St, 127 Newell St, 418-420 Courtland St, 1117 Lincoln St, 227 Ricker St, 406 Randall St, 718 W 2nd St, and 411 Logan Ave. Total 'lump sum" bid: $ Total bid in written form: 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 ninety (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 RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-07-09P:1712 E 4"'St,708 Mobile St,127 Newell St,418-420 Courtland St,1117 Lincoln St,227 Ricker St,406 Randall St,718 W 21d St,and 411 Logan Ave Page 10 of 11 Page 280 of 443 Our "not to exceed" bid price for each property is: Property Address Per Property Cost (bid)Total 1712 E 4t" Street $ 708 Mobile Street $ 127 Newell Street $ 418-420 Courtland Street $ 1117 Lincoln Street $ 227 Ricker Street $ 406 Randall Street $ 718 W 2nd Street 411 Logan Avenue $ Total Proposed Lump Sum Contract $ Amount: RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-07-09P:1712 E 4"'St,708 Mobile St,127 Newell St,418-420 Courtland St,1117 Lincoln St,227 Ricker St,406 Randall St,718 W 21d St,and 411 Logan Ave Page 11 of 11 Page 281 of 443 EXHIBIT "C"DRAFT ASBESTOS ABATEMENT SERVICES CONTRACT AB-2025-07-09P 1712 E 41" St, 708 Mobile St, 127 Newell St, 418-420 Courtland St, 1117 Lincoln St, 227 Ricker St, 406 Randall St, 718 W 2nd St, and 411 Logan Av This Contract for Asbestos Abatement Services (the "Contract") is entered into as of Jul 21, 2025, by and between the City of Waterloo, Iowa("City") and In consideration of the mutual promises exchanged herein, the parties agree as follows: I. Term and Services. For the period of July 21, 2025 thru October 20, 2025, 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 $ 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 282 of 443 3. Approval; Timing 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. 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. 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 2 Page 283 of 443 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: 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. 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. 11. 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 3 Page 284 of 443 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. 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. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk 4 Page 285 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director July 21, 2025 Planning & Zoning Department AGENDA ITEM TITLE Request by Cedar River Contractors on behalf of K-W Electric for a Site Plan Amendment for the construction of a 29,900 manufacturing warehouse and office building located east of 180 WARP Drive. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting a Site Plan Amendment to allow for the construction of a new office/warehouse building and a shop building. The site is a total of 13.1 acres. The office/warehouse building will be 23,360 square feet, and the shop building will be 6,540 square feet. A section of the warehouse portion of the larger building will be used as a fabrication lab. There will be a truck dock on the east side of the building, as well as a UPS dock. Warp Drive. will be extended to serve the site. There will be a concrete drive to provide access to the buildings, which will be blocked by gates for private access. There will be two parking lots. One parking lot contains 15 parking stalls. The other parking lot contains 43 parking stalls. The site plan shows layout and storage areas that will be covered with asphalt millings. Vehicle use areas will be properly hard surfaced. The buildings will be less than the maximum allowed height. The Planning, Programming, and Zoning Commission recommended approval of the request with a unanimous vote at their May 13, 2025 regular meeting. NEIGHBORHOOD IMPACT The request for the construction of the new building does not appear to have a negative impact on the surrounding area as it would appear to be compatible with other development in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programing and Zoning Commission on May 13, 2025, Page 286 of 443 and notice was sent to property owners within 250 feet. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Waterloo Air and Rail Park 4th Addition, Lots 1, 2 and 3, City of Waterloo, Iowa. ATTACHMENTS 1. Staff Report - E of 180 WARP Dr 2. Overview Map - KW 3. Aerial Map - KW Electric 4. Site plan and building elevations Page 287 of 443 May 13,2025 REQUEST: Request by Cedar River Contractors on behalf of K-W Electric for a Site Plan Amendment for the construction of a 29,900 manufacturing, warehouse, and office building located east of 180 WARP Drive. APPLICANT(S): Cedar River Contractors, PO Box 967, Cedar Falls, IA 50613 GENERAL The applicant is requesting a site plan amendment to allow for the DESCRIPTION: construction of a new office/warehouse building. SURROUNDING LAND The request for the construction of the new building does not appear USES AND IMPACT ON to have a negative impact on the surrounding area as it would appear NEIGHBORHOOD: to be compatible with other development in the area. VEHICULAR& The proposed site plan amendment would not appear to have a PEDESTRIAN negative impact upon vehicular or pedestrian traffic conditions in the TRAFFIC area. The site is served by Warp Drive, which is classified as a local CONDITIONS: street. RELATIONSHIP TO There are no trails or sidewalks in the immediate project area. RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned"M-2,P"Planned Industrial FOR SITE AND District since June 7, 2010, when the land was rezoned from"A-1" IMMEDIATE Agricultural District. Surrounding land uses and their zoning VICINITY: designations are as follows: North—New industrial development, vacant land and Waterloo Regional Airport, zoned"M-2,P"Planned Industrial District. South—New industrial development, vacant Land, zoned"M-2,P" Planned Industrial District. East—New industrial development, vacant Land and Waterloo Regional Airport, zoned"M-2,P"Planned Industrial District. West—Industrial development, zoned"M-2,P"Planned Industrial District. BUFFERS/ No buffers or screening would be required as a part of this site plan SCREENING/ amendment. LANDSCAPING REQUIRED: DRAINAGE: A drainage plan will be needed for this request. DEVELOPMENT The surrounding area consists of recent industrial developments, as HISTORY: well as some vacant land to the north, south and east adjacent to the Waterloo Regional Airport. FLOODPLAIN: No portion of the property is located in the floodplain as indicated by the FEMA 2024 Floodplain Map. Site Plan Amendment-E of 180 Warp Dr Page 288 of 443 May 13,2025 .; � Picture 1: - & �=.T.<� -.-��� �bAi4�a•1 {#N- '�.„ -;, yam'...._ - Construction of the extensionof WARP• Picture 2: Construction of drainage Site Plan Amendment-E of :1 Warp Dr Page 289 of 443 May 13,2025 F _ _ Picture 3:Looking west toward 180 WARP drive. r —• 6 �1- Picture 4:Looking northwest at recently constructed industrial uses. Site Plan Amendment-E of 180 Warp Dr Page 290 of 443 May 13,2025 PUBLIC /OPEN No schools are located within the vicinity of the site. The Big Woods SPACES/ SCHOOLS: Lake recreation area is located approximately 1 mile to the west of the site. There are no parks in the immediate vicinity. UTILITIES: WATER, There is a 30" Storm Sewer running parallel to the west side of the SANITARY SEWER, property line. There is also a 12" Sanitary Sewer and an 8"Water STORM SEWER, ETC. main running along Warp Drive. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. The COMPREHENSIVE proposed site plan amendment would be in conformance with the LAND USE PLAN: Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS— The applicant is requesting a Site Plan Amendment to allow for the ZONING ORDINANCE: construction of a new office/warehouse building and a shop building. The site is a total of 13.1 acres. The office/warehouse building will be 23,360 square feet, and the shop building will be 6,540 square feet. A section of the warehouse portion of the larger building will be used as a fabrication lab. There will be a truck dock on the east side of the building, as well as a UPS dock. Warp Drive. will be extended to serve the site. There will be a concrete drive to provide access to the buildings, which will be blocked by gates for private access. There will be two parking lots. One parking lot contains 15 parking stalls. The other parking lot contains 43 parking stalls. The site plan shows layout and storage areas that will be covered with asphalt millings. Vehicle use areas will be properly hard surfaced. The buildings will be less than the maximum allowed height. TECHNICAL REVIEW The Engineering department noted that they will need a site plan and COMMITTEE SWPPP plans. The Building department noted that they will need stamped plans for the buildings for building permit review. The Fire Department noted that they will need to meet all applicable fire code standards. STAFF ANALYSIS— There is no platting required for this request. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that Request by Cedar River RECOMMENDATION: Contractors on behalf of K-W Electric for a Site Plan Amendment for the construction of a 29,900 manufacturing, warehouse, and office building located east of 180 WARP Drive be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request appears to be compatible with the other developments in the area. Site Plan Amendment-E of 180 Warp Dr Page 291 of 443 May 13,2025 And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Site Plan Amendment-E of 180 Warp Dr Page 292 of 443 City of Waterloo Planning, Programming and Zoning Commission May 13, 2025 —W DUNKERTON RD W W W J WARP.DR M-2,P HYPER DR I TF- GS�O Z �N � E�S�GR�N pR v_ 0 ao' v N East of 18o WARP Drive w E Site Plan Amendment s Cedar River Contractors on behalf of K-W Electric City of Waterloo Planning, Programming and Zoning Commission May 13, 2025 WARP DR Area of Site Plan Amendment 180 WARP Drive Sources:Esri,TomTom,G rmin,FAO,NOAA,USGS,©OpenStreetMap contributors,and the GIS User Community N East of 18o WARP Drive W+E Site Plan Amendment s Cedar River Contractors on behalf of K-W Electric 100%Employee Owned I j TMIWN I � Is - ---- - --- - - - - -- \• \ � KPY SITE PLAN SCALE:1:3600 4. SPHALT - �� PARKING LOT \ I PiiIILrMIwNGS ASPHALT I IOTi G PARKIN , j HALTMIWNGS .. \ \ \\ CONCRETE OFFICES. 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INC. tom■ ■ lIIIII111111[AIAAAAANNII111111l11[IIIIIIAA111l1111[111111111lI1IN1l1l1lI111f1l11111111111 M PRO M Utolz &LIU 6A ................... ilililll!l Ill T�pmv 1!1 II111 � ®®■���I� � Irk �■ i� � ��� Q � �� � Wire ��� � � � � � r • Mill ii � i Till, llill�ililll' TCC u I�➢C�9 fl�[�. 200%Employee Owned srr ,rte• ,rr ; I -; I III II i ! 1111WO 1 I I � 4 I 1 I i I i li 3 I - 3 _— I I __ I - I I I � I � q i I NORTHELEVATION L SCALE:118'=1•-0• 1 I -------------- 3 1 I t 1 I 4 1 1 I 1 I I I I i I I I I 6 81301 I i � T7F I I I I i 1 I I I I I I i I I � L I -------- - ----------- ----------- ; I ; ------------ I WEST ELEVATION ql CONCEPT PLAN SCALE:1/8'=V-0' SCALE:118,=1'-0' K&W ELECTRIC__ _ CONS_ -P-CA*B rr. too�p,2 5S +cotiCF ►v�uiio7N R xous�Fae�4,�3�s� MC)L E -N PI=+CONCEPT PLAN BUILDING#3{SHO E 1 C WATERLOO, 1A ;. nc2.1 : , 4.4.25 II�W fllttle OC1 D11C13� "—Page 298 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director July 21, 2025 Planning & Zoning Department AGENDA ITEM TITLE Request by the City of Waterloo to rezone approximately 0.19 acres from "C-2" Commercial District to "R-3" Multiple Residence District to allow Iowa Heartland Habitat for Humanity to split two lots into three, but maintain a single zoning on the three lots located at 512 Almond Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Iowa Heartland Habitat for Humanity owns 512 Almond Street and the adjacent lot to the west. The City of Waterloo will be demolishing the abandoned commercial building located at 512 Almond Street, and the Iowa Heartland Habitat for Humanity is planning to split the two lots into three in order to construct three single-family homes. The property at 512 Almond Street is currently zoned "C-2" Commercial District and the adjacent lot is presently zoned "R-3" Multiple Residence District. In order to not having a lot with two zoning destinations once the split takes place, the City of Waterloo is requesting that the site of the former commercial building be rezoned to "R-3" Multiple Residence District to match the adjacent empty lot. This request is being made by the City of Waterloo since Iowa Heartland Habitat for Humanity could build a single-family home in a "C-2" Commercial District, but the City would like to avoid having a lot with two zoning designations. The Planning, Programming, and Zoning Commission voted 8-0 to recommend approval of the request at their July 8, 2025, meeting, and staff received one call in support of the project. 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 at their July 8, 2025, meeting, with the Commission voting 8-0 to recommend approval of the request, and notices Page 299 of 443 were sent to property owners within 250 feet. Staff received one call in favor of the request. SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION COOLEY ADDITION LOT 6 BLOCK 68 ATTACHMENTS 1. Staff Report - 512 Almond 2. Aerial Map - 512 Almond Street 3. Overview Map - 512 Almond Street 4. Zoning Map - 512 Almond Street 5. Site Plan Page 300 of 443 July 8,2025 REQUEST: Request by the City of Waterloo to rezone approximately 0.19 acres from "C-2" Commercial District to "R-3" Multiple Residence District to allow Iowa Heartland Habitat for Humanity to split two lots into three, but maintain a single zoning on the three lots located at 512 Almond Street. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to rezone approximately 0.19 acres. Iowa DESCRIPTION: Heartland Habitat for Humanity is planning to split two lots into 3 creating a lot with two zoning designations therefore this rezone will allow all three lots to share common zoning. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood. SURROUNDING LAND USE: VEHICULAR & The request does not appear to have a negative impact on traffic or PEDESTRIAN pedestrian conditions in the area. The property is located on Almond TRAFFIC Street which is a local street and connects to East 4t"Avenue which CONDITIONS: is a Collector. RELATIONSHIP TO All streets in the surrounding area have sidewalks on both sides of RECREATIONAL the street. TRAIL PLAN AND The US Highway 63 trail is located 1000 feet to the west. COMPLETE STREETS POLICY: DEVELOPMENT The surrounding residential development occurred between 1885 HISTORY: and 2021, Commercial buildings were built between 1946 and 1980, and the community center was built in 2019. BUFFERS/ No buffering will be required with this request. SCREENING REQUIRED: ZONING HISTORY The area in question is currently zoned "C-2" Multiple Residence FOR SITE AND District and has been zoned as such since the adoption of Zoning IMMEDIATE Ordinance No. 2479 in 1969. Surrounding land uses and their zoning VICINITY: are as follows: North — Commercial and residential zoned "C-2" Commercial District. South — Commercial and residential zoned "C-2" Commercial District and "R-3" Multiple Residence District. East — Commercial, residential, and a community center zoned "C-2" Commercial District. West — Residential zoned "R-3" Multiple Residence District. DRAINAGE: The request should not affect drainage in the area. Rezone"C-2°to"R-3" Page 1 of 4 Page 301 of 443 July 8,2025 PUBLIC /OPEN Cunningham School for Excellence is located 0.68 miles to the SPACES/ northeast, George Washington Carver Academy is located 1.36 SCHOOLS: miles to the north, and East High School is located 0.26 miles to the southeast. UTILITIES: WATER, There is an 8" sanitary sewer line in Almond Street and in the alley to SANITARY SEWER, the east of the lot in question. There is also a 10" storm sewer STORM SEWER, located to the west of the lot in question in Almond Street. ETC: There are overhead utility lines located along the south side of Almond Street in front of the lot in question, and in the alley to the rear. RELATIONSHIP TO The Future Land Use Map designates this property as Mixed COMPREHENSIVE Residential: Low, Medium, High Density Residential; Professional LAND USE PLAN: Offices. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan, approved on August 21, 2023. FLOODPLAIN: 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 0189F, dated July 18, 2011 . STAFF ANALYSIS Iowa Heartland Habitat for Humanity owns 512 Almond Street and ZONING the adjacent lot to the west. The City of Waterloo will be demolishing ORDINANCE: the abandoned commercial building located at 512 Almond Street, and the Iowa Heartland Habitat for Humanity is planning to split the two lots into three in order to construct three single-family homes. The property at 512 Almond Street is currently zoned "C-2" Commercial District and the adjacent lot is presently zoned "R-3" Multiple Residence District. In order to not having a lot with two zoning destinations once the split takes place, the City of Waterloo is requesting that the site of the former commercial building be rezoned to "R-3" Multiple Residence District to match the adjacent empty lot. This request is being made by the City of Waterloo since Iowa Heartland Habitat for Humanity could build a single-family home in a "C-2" Commercial District, but the City would like to avoid having a lot with two zoning designations. The Planning, Programming, and Zoning Commission voted 8-0 to recommend approval of the request at their July 8, 2025, meeting, and staff received one call in support of the project. TECH REVIEW During Tech Review Knutson noted that the houses will need NOTES: driveways off the alley to which Schroeder responded that the site plan shows all three houses with detached garages accessed off the alley. STAFF ANALYSIS Iowa Heartland Habitat for Humanity will be splitting the lot in SUBDIVISION addition to a 2nd lot in order to create three buildable lots to construct ORDINANCE: single-family homes upon. Rezone"C-2°to"R-3" Page 2 of 4 Page 302 of 443 P- I- a In t A 17 If 10 NO }� .r l.,pJ . P '`A ✓r r�.f.o1� a"�' i � '. - �-��.�`_�t� � �i� 4' r � .� ✓ a�-.� , E - "iC AWOL I • • I' I July 8,2025 STAFF Therefore, staff recommends that the request be the City of Waterloo RECOMMENDATION to rezone approximately 0.19 acres from "C-2" Commercial District to "R-3" Multiple Residence District to allow Iowa Heartland Habitat for Humanity to split two lots into three, but maintain a single zoning on the three lots located at 512 Almond 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 allow the three lots being created by Iowa Heartland Habitat for Humanity to have residential zoning. 3. The rezone will keep a single lot from having two different zonings designations. Rezone"C-2"to"R-3" Page 4 of 4 Page 304 of 443 City of Waterloo Planning, Programming and Zoning Commission July 8, 2025 ALMOND ST 512 Almond Street Sources:Esr i Tom om,Garmin,FAO,NOAA,USGS,©OpenStreetMap c-GWbwt-oT-"xed-tfa GIS User Community N 512 Almond Street W+E Rezone from "C-2" to "R-3" s City of Waterloo A City of Waterloo Planning, Programming and Zoning Commission July 8, 2025 6MM 512 Almond Street Zoned C-2 C. tR-:3 , 0 So V, •mT mi etMap ti• t• ndth munity N 512 Almond Street w E Rezone from "C-2" to "R-3" s City of Waterloo Alley I u I o QZ! I � VS 1 flZ F[F[ tZ K v 1 � N nZ CD w� l'M J O I 0 fir I � rt � r 000 i 9z 6n 0Z •� N . 1 Vz SZ OZ l7 � d 1i{ �,e vaFiS r � 120 1 I � 7 { A# � F Page 308 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director July 21, 2025 Planning & Zoning Department AGENDA ITEM TITLE Request by the City of Waterloo to vacate a twenty-foot drainage easement on Lots 4 and 5 of Warp 2nd Addition in the "M-2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The request is to vacate the 20' drainage easement except for the west 60 feet on Lots 4 & 5 of WARP 2nd Addition located at and adjacent to 4050 Leversee Road. Vacating this easement would aid in future development of the above-mentioned lots. However, a drainage easement would be required to be dedicated at the time of development. If and when there is development or expansion, the site plan would be required to show a dedicated drainage easement. NEIGHBORHOOD IMPACT The request to vacate a drainage easement would not appear to have a negative impact on the surrounding neighborhood or land use. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming, and Zoning Commission on June 10, 2025 and notice was sent to all property owners within 250 feet. SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 309 of 443 LEGAL DESCRIPTION The platted 10 -foot drainage easement along the north line of Lot 4, and the platted 10 -foot drainage easement along the south line of Lot 5, all in Waterloo Air and Rail Park 2nd Addition, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS Lots 4 & 5 of WARP 2nd Addition Vacate Page 310 of 443 June 10,2025 REQUEST: Request by the City of Waterloo to vacate a 20' drainage easement on Lots 4 & 5 of WARP 2nd Addition in the "M-2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to vacate a drainage easement that is DESCRIPTION: no longer needed. IMPACT ON The request to vacate a drainage easement would not appear to NEIGHBORHOOD & have a negative impact on the surrounding neighborhood or land SURROUNDING use. LAND USE: VEHICULAR & The request to vacate a drainage easement would not appear to PEDESTRIAN have a negative impact on vehicular or pedestrian traffic TRAFFIC movements in the area. CONDITIONS: RELATIONSHIP TO There are no sidewalks or trails along the lots in questions. RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed vacate is zoned "M-2,P" Planned FOR SITE AND Industrial District and has been zoned as such since it was rezoned IMMEDIATE VICINITY: from "A-1"Agricultural District on September 20, 2010. Surrounding land uses and their zoning designations are as follows: North, East, South, and West— Zoned "M-2,P" Planned Industrial District with the Waterloo Regional Airport, a warehouse, and vacant lots in the immediate vicinity. DEVELOPMENT The warehouse has been there since 2023, and the airport has HISTORY: been around since the early 1940s. BUFFERS/ SCREENING No buffers or additional screening is needed with this request. REQUIRED: DRAINAGE: Vacation of the easement could have a negative effect on drainage, but the future developer would be required to dedicate an easement as a replacement to the current drainage easement vacation. FLOODPLAIN: No portion of the vacate area is located within a floodway or floodplain according to the 2024 FEMA Floodplain Maps. PUBLIC /OPEN The nearest open space is George Wyth State Park located 4.7 SPACES/ SCHOOLS: miles to the south. Vacate Easement adjacent to 4050 Leversee Road PaaS.f 3 Page 311 of 443 June 10,2025 Picture 1:Looking east from Leversee Road along the vacate area. ♦ J �f i fr '7 r %LEM •_ Picture 2:Looking south toward existing building along 60-foot north-south easement Vacate Easement adjacent to 4050 Leversee Road Pa29of 3 Page 312 of 443 June 10,2025 UTILITIES: WATER, There is a 10' wide Utility Easement to the south of the lots in SANITARY SEWER, question and 60' wide Sanitary Sewer, Drainage, & Utility STORM SEWER, ETC Easement to the west of the lots in question along Leversee Road. There is also the 20' wide drainage easement on the lots in question, which is currently being requested to be vacated. RELATIONSHIP TO The Future Land Use Map designates the property as Industrial. COMPREHENSIVE This request is in conformance with the Future Land Use Map. LAND USE PLAN: STAFF ANALYSIS — The request is to vacate the 20' drainage easement except for the ZONING west 60 feet on Lots 4 & 5 of WARP 2nd Addition located at and ORDINANCE: adjacent to 4050 Leversee Road. Vacating this easement would aid in future development of the above-mentioned lots. However, a drainage easement would be required to be dedicated at the time of development. If and when there is development or expansion, the site plan would be required to show a dedicated drainage easement. TECHNICAL REVIEW There was no comments during Tech Review. COMMITTEE: STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: STAFF Therefore, the staff recommends that the request by the City of RECOMMENDATION: Waterloo to vacate a 20' drainage easement on Lots 4 & 5 of WARP 2nd Addition in the "M-2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road, 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 request would be in conformance with the Future Land Use Map. Subject to the following conditions: 1. A drainage easement being required to be dedicated at the time of development and shown in the site plan. Vacate Easement adjacent to 4050 Leversee Road Pa,3Oof 3 Page 313 of 443 City of Waterloo Planning, Programming and Zoning Commission June lO, 2025 WARP.❑R Q a w a w Lu M-2,P HYPER'D Sources:Esri,TomTom,Garmin,FAO,NOAA,USGS,©OpenStreetMap contributors,and the GIS User Community N ;❑� `"R 1p 4050 Leversee Road and adjacent w 4 Drainage Easement Vacate City of Waterloo J p 31 City of Waterloo Planning, Programming and Zoning Commission January 14, 2025 II �� s , II � ----------------- J •� VI t"�1 Vacate Area ii .i:•� I k I1 II s p q LU { LL, Q ry II 4050 LeVersee Road 00 4 II F•�r Ov- �.. k.4 ;i HYPER OR ]f I I1 II _ Sources'.Esri Tow Torn, >,p. en5iieetNfal I, .e Ommunily 1I - N p* `"art, 4o5o Leversee. Road and adjacent w f. o Drainage Easement Vacate 5 •` City of Waterloo 3 p 32 I ! mwt arms -- —� 11 ,11' ' •[ l u[eYffif7 JUAN trir i7nrtnp_! IJ r � F � ; f m+aswrmrrsauos f r,i �� � � I arms — 3a ws�us xrM av2ir 3 � O E a I II ¢ I 1 l I m 1 C II t I —Mrare,gps y ——— —————— Z E � �}mom � m.cay .ata —————— —! p_y�ry,� 9A1NQ dMYr U,w NMI Yr+O'!Y o � I � .mornn.nrunane�rat—, Y; �� E 1/ I � I FW-�4i-�ti0k-i Yii�M44-fr2ya6�•�ry m�rixwaw a¢vd ulsrN w9A4••ti:9F—s�Lr. Page 316 of 443 City of Waterloo Planning & Zoning of w^TF 715 Mulberry Street, Waterloo,Iowa 50703 A0 CITY OF A WATERLOO A. ` f`o (319) 241-4365 �J� p ann ng R Zoning s,..... ❑ Offer to Vacate and Purchase City Right-of-Way � ° Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement ❑ Sale of City-Owned Property Applicant(Business Name if Applicable:,�1/77/ pF W,41--meo Complete Address:-11'jD_ '�`i S'S ` ov-vj�oi (,+ Phone No.: 3�ej L45LL So'?o-.3; Email: General Description of Property to Vacated(i.e.-alley between A St. &B St., South of C St.): ZD' ��j[lYPrf Legal description of area to be conveyed,vacated, or encroached: 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation--One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00)Filing Fee • Encroachment—One Hundred Dollar($100.00)Filling Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building& Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&mist.,demolition,remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: r� Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. PLEASE NOTE: The City of Waterloo will never ask you for electronic payment.We accept checks or cash only. Publication and Recording Fees*: At the time a buyer(s) has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 3. ^Easement*: The following easement shall be retained: -t f 4 er: Pie rovtde a site plan and/or aerial photo of the area to be vacated if the request involves P�bvj, dditionstruction as the regfor the request. ,�� z�z Applicant 11 Print Name Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 34 Page 317 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director July 21, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving a Permanent Easement Agreement in the amount of $10,184.00, a temporary easement agreement in the amount of $790.00, and reimbursement for pavement removal in the amount of $6,628.00, totaling a just compensation amount of$17,602.00, with JP Management Corp, located at 1224 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to approve a resolution for a permanent easement agreement for $10,184.00, a temporary easement agreement for $790.00, and reimbursement for pavement removal of$6,628.00, totaling a just compensation amount of$17,602.00. The agreements are with JP Management Corp, located at 1224 La Porte Road, and this is in conjunction with the La Porte Road Phase II Reconstruction Project. The values of the permanent and temporary easements were based off of 120 percent of the assessed value of the property per square foot. However, only ten percent of the full value is offered for the temporary easement because it expires. 52.6 square yards of concrete driveway will be removed, which is the access point onto Cornwall Avenue. There is a value of $126.00 per square yard, coming out at 6,628.00. NEIGHBORHOOD IMPACT Reconstruction of the corridor would have a positive impact upon the surrounding commercial area, as the corridor was designed and built in the 1960s. The redesigned corridor will have underground utilities and streetscaping. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 318 of 443 SOURCE OF EXPENDITURES Crossroads TIF ALTERNATIVE ACTION LEGAL DESCRIPTION DESCRIPTION: PERMANENT EASEMENT PROJECT PARCEL 214 PART OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE PRESENT WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD AND THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE; THENCE NORTH 89°45'03" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE, 27.00 FEET; THENCE NORTH 00°14'57" EAST, 8.00 FEET; THENCE SOUTH 89°45'03" EAST, 14.00 FEET; THENCE NORTH 56°31'07" EAST, 10.55 FEET; THENCE NORTH 00°41'54" WEST 257.28 FEET TO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE; THENCE NORTH 90°00'00" EAST ALONG THE PRESENT SOUTHERLY RIGHT-OF- WAY LINE OF CORNWALL AVENUE, 4.00 FEET; THENCE SOUTH 00°41'54" EAST, 271.15 FEET TO THE POINT OF BEGINNING. CONTAINING 1,294 SQUARE FEET. ATTACHMENTS 1. Permanent Easement Agreement 2. Temporary Easement Agreement Page 319 of 443 Prepared by Tim Anders Cit of Waterloo 715 Mulber Street Waterlog IA 50703 Phone 319 291-4366 PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of 2025 by and between the City of Waterloo, Iowa ("Grantee") and JP Management Corp. ("Grantor"). 1. Grant of Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration in the amount of$10,184.00,the receipt and sufficiency of which is hereby acknowledged,Grantor•does hereby grant and convey unto Grantee, and Grantee does hereby accept, for the purposes stated herein, a permanent easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof, as depicted on the easement plat attached hereto as Exhibit"B". 2. Purpose. The Premises is intended for installation,maintenance, replacement, etc. of underground electric, 3. Grantor Duties. Grantor shall allow Grantee access to the Premises, "as is,where is",without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for Grantee's use. 4. Grantee Duties. Following completion of Grantee's work in the Premises,Grantee shall restore the Premises to its condition prior to the commencement of construction work, including but not limited to reseeding any grassed areas disturbed by construction activities. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or contractors, Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent permitted by applicable law, Grantee agrees to indemnify and hold Grantor, its employees, agents and contractors, harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent acts or omissions or willful misconduct of Grantee or its employees, agents or contractors, 5. Maintenance. Pursuant to City of Waterloo ordinances, Grantor shall be solely responsible for future sidewalk maintenance, repair and/or replacement and for snow removal upon the sidewalk in question. 6. Authori . The persons executing this Agreement represent and warrant that they are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the party on whose behalf they are signing. Page 320 of 443 7. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. JP MANAGEMENT CORP. CITY OF WATERLOO, IOWA By: By: Quentin M. Hart, Mayor itle. Attest: Kelley Felchle, City Clerk STATE OF ) ) ss. COUNTY) Ackowledged be re me on u , 2025, by of JO Management Corp. 1715L ary Pu J. a S2EildY3 NClSSIV1''N4,? .15"I •: "� a STATE OF IOWA ) a�anautazlsvr�s rv��ietdd ���t -2c�� � as 5S. BLACK HAWK COUNTY ) Acknowledged before me on , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 4 Page 321 of 443 EXHIBIT""A" Legal Description DESCRIPTION: PERMANENT EASEMENT PROJECT PARCEL 214 PART OF THE EAST 1/2 OF THE NORTH 112 OF THE SOUTH 112 OF THE NORTHWEST 114 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE PRESENT WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD AND THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE; THENCE NORTH 89°45'03" WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE, 27.00 FEET; THENCE NORTH 00']4'57" EAST, 8.00 FEET; THENCE SOUTH 89045'03" EAST, 14.00 FEET; THENCE NORTH 56°31'07" EAST, 10.55 FEET; THENCE NORTH 00°41'54" WEST 257.28 DEET TO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE; THENCE NORT14 90°00'00" EAST ALONG THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE,4.00 FEET; THENCE SOUTH 00041'54" EAST, 271.15 FEET TO THE POINT OF BEGINNING. CONTAINING 1,294 SQUARE FEET. 5 Page 322 of 443 Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT NDP-8155(786)--71-07 WATERLOO, IOWA OWNER: J P MANAGEMENT CORP COUNTY PARCEL: 891336406018 1224 LA PORTE RD WATERLOO,IA 50703 PROJECT PARCEL: 214 N90°00'00'E CORNWALL AVENUE(60') 4.00' FNP.REHAB OC S'LY R-O-W LINE NO.23212 z PART OF THE E.1/2 OF THE N.112 OF THE S.112 OF THE NW.114 OF THE SE.114 OF SECT.36,T89N.R13W OF THE 5TH P.F4. 500°41354°E 271.15` PROJECT PARCEL 214 ' i PFRI•IANENT EASEMENT CONTAINS 1294 Sf W'LY R-O-W LINE N00°4I'S 4'W 257.28' 0 F-' 0 N56°31'07°E 10.55` 589'45'03'E 14.00' N00°14'57'E' 8.00. MD.1/4°RERAR N'LY R-O-4/!LINE LORRAINE AVENUE (60`) N89°45'03°w POB 27.00' LEGEND: 0 PARCEL OR LOT CORNER MONUMENT FOUND S00°16'36.9'W 126.11' MEASURED DIMENSION (200') RECORD DIMENSION SCALE IN FEET 0 40 80 REFERENCE DOCUI4ENT LD-567-661 A:COM 1"=40' SHEET 1 OF 2 e 323 of 443 Exhibit "B" Continued PERMANENT EASEMENT PLAT lA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: J P MANAGEMENT CORP COUNTY PARCEL: 891336406018 1224 LA PORTE RD WATERLOO,IA 50703 PROJECT PARCEL: 214 DESCRIPTION:PERMANENT EASEMENT PROJECT PARCEL 214 PART OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 174 OF THE SOUTHEAST 1/4 OF SECTION 36,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M.,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE INTERSECTION OF THE PRESENT WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD AND THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE;THENCE NORTH 89145'03"WEST(ASSUMED BEARING FOR THE PURP05E OF THIS DESCRIPTION)ALONG THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE,27.00 FEET; THENCE NORTH 00°14'57"EAST,8.00 FEET;THENCE SOUTH 89°45'03"EAST,14,00 FEET;THENCE NORTH 56°31'07"EAST, 10.55 FEET:THENCE NORTH 00°41'54"WEST 257.28 FEETTO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE;THENCE NORTH 90'00'00"EAST ALONG THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL,AVENUE, 4.00 FEET;THENCE SOUTH 00°41'54"EAST,271,15 FEETTO THE POINT OF BEGINNING. CONTAINING 1,294 SQUARE FEET. AECOM SHEET 2 OF 2 e 324 of 443 �auueosu.te� ttttM Pauueog Prepared by-Tim Anders Cily of Waterloo Waterloo 1A 50703. Phone 319 2914366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of ,2425 by and between JP Management Corp. ("Grantor"),and the City of Waterloo,Iowa("Grantee"). 1. Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration in the amount of 5790.00,the receipt and sufficiency of which is hereby acknowledged Grantor does hereby grant and convey unto Grantee,and Grantee does hereby accept,a temporary easement for purposes relating to construction of the Improvements (the "Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Temporary Easement Premises")as set forth on exhibit "A"attached hereto and by this reference made a part hereof. 2. Purnose. The Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to reconstruct La Porte Road, utility improvements, grading, seeding, and remove a driveway onto Comwall Avenue (the "Improvements"). It is the intention"of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises,and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileees. Grantor shall deliver possession of the Temporary Easement Premises to Grantee,"as is,where is",without any representation,or warranty as to the condition of sante. Grantor shall have no duty to prepare the Temporary Easement Premises in any way for Grantee's use. hollowing transfer of possession of the Temporary Easement Premises, Grantor shall have no further duty or obligation with respect to same, except as set forth herein. Grantor may mow or care for grasses and vegetation growing in the Temporary Easement Premises during the period of this Agreement,but may not conduct other activities upon the Temporary Easement Premises without the prior written consent of Grantee. Grantor agrees that any activities that Grantor, its officers, employees, contractors or agents undertake on the Temporary Easement Premises during the tern] hereof shall beat their sole risk,and Grantor hereby agrees to indemnify Grantee, its officials, officers, employees, contractors and agents, Page 325 of 443 with respect to any and all claims for injuries, death, property damage, property loss or otherwise, arising from the acts or omissions of Grantor, its officers, employees, contractors or agents, on or about the Temporary Easement Premises during the term of this Agreement. IN WITNESS WHEREOF,the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. JP MANAGEMENT CORP. CITY OF WATERLOO, IOWA By: By: Quentin M. Hart, Mayor Tit e� Attest: Kelley Felchle, City Clerk STATE OF ss. I4 h ,r'Iciwk COUNTY ) Acknowledged before me on �Unco 3�� , 2025, by as x_la, ��,� of JP Management Corp. PATRICIA J.SWARTZENDRUBER COMMISSION NO.715946 * • MY COMMISSION EXPIRES Notary P 8' z a� STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Page 326 of 443 Exhibit "A" IV As ` LPR214 i� J P MANAGEMENT CORP i PARCEL ID: 891336406018 „ 1224 LA PORTE RD I TEMPORARY PERMANENT EASEMENT EASEMENT PROTECT LANDSCAPING' 1 1.004 SF 1294 SF DRIVEWAY CLOSURE` POWER POLE TO BE 21 1 REMOVED 8Y OTHERSJOVAL Lwq U ti„ _, a I PROPOSED TEMP. EASEMENT PROPOSED TEMP. EASEMENaz FLUME REMz �Q 'FLUME REMOVAL f , 11. O PROTECT FLAGPOLE O f1 1 I i , .�f I ' �. 7 I PROPOSED..PERM. EASEMENT - - � — _257.3 - - — _ . - P LIGHTPOLE TO BE REMOVED BY OTHERS EX 1 ST I NG ROW PROPOSED WATER CONNECTION TO EXIST. LA PORTE ROAD MAIN- �r —STORM SEWER -- - - - PROPOSED STORM _ = SEWER LEGEND RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES — — — — PERM.EASEMENT LINES O 30 — — — — TEMP.EASEMENT LINES FEET PARCEL PERMANENT ACQUISITION LPR214 PERMANENT EASEMENT PHASE ANY PAVEMENT REMOVED WILL 0 TEMPORARY EASEMENT y Z BE REPLACED IN-KIND UNLESS 2 r OTHER%NISE NOTED, Public Impact Diagram AECOM J P MANAGEMENT CORP La Porte Road Reconstruction 04-10-25 Woferloo,Iowa 60736162 Page 327 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director July 21, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving a Development Agreement with 3 Stooges, LLC, for the construction of an 8,200 square-foot commercial building, and construction of a future 8,200 square-foot building with a minimum assessed value of $1,000,00.00, with seven years of fifty percent tax rebates, and a land acquisition grant of $604,612.80, located south of 2661 Geraldine Road, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION _ Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution approving a development agreement with 3 Stooges, LLC, for the construction of an 8,200 square-foot commercial building, and construction of a future 8,200 square- foot building with a minimum assessed value of $1,000,00.00, with seven years of 50 percent tax rebates, and a land acquisition grant of $604,612.80, located south of 2661 Geraldine Road, and authorizing the Mayor and City Clerk to execute said document. The developer has purchased the land from a private owner, therefore, they are being reimbursed for the land purchase, receiving the land for $1.00. It should be noted that the developer will only receive the property tax rebates after the second building is completed. NEIGHBORHOOD IMPACT The two new buildings will fill up two of the four remaining lots on Geraldine Road that face towards Highway 218, adding to the continued growth the city is experiencing around the airport. DATA, ANALYSIS, AND STRATEGIES Economic development and land use. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 328 of 443 East Waterloo Unified TIF. ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 4 and 5 of South Port 3rd Addition in the City of Waterloo, Iowa. ATTACHMENTS 1. Development Agreement 2. Aerial Map Page 329 of 443 Prepared By:Austin_J. McMahon, Lanae&McMahon, PLC,222 151 St. E., Independence, IA (319) 334-4488 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of this day of 2025, by and between 3 Stooges, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct or erect structures and improvements as provided in this Agreement on property legally described in Exhibit A (the "Property"), which is located within the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, 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. Purchase of Property. Company is purchasing the real property described on Exhibit "A" attached hereto, consisting of approximately 3.47 acres. Company shall take all steps necessary or advisable to complete the purchase of the Property and to obtain marketable title thereto as promptly as possible. Page 330 of 443 2. Grant for Land Acquisition; Mortgage. City shall make an economic development grant ( "Grant") to the Company in the amount of$604,612.80 to be used by Company to purchase and acquire the Property, such Grant to be paid to Company or paid to the owner of the Property on behalf of the Company at the time of closing on the transaction to purchase the Property. 3. Phased Improvements by Company. The parties contemplate that Company will develop the Property in phases, each of which is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates. Phase 1 shall consist of the construction or development of a new 8,200.00 square foot building (7,200.00 square foot warehouse with 1,000.00 square foot office space) along with related landscaping, storm water, paving, signage and parking improvements. Phase Il shall consist of the construction or development of an additional, new 8,200.00 square foot building (7,200.00 square foot warehouse and 1,000.00 square foot office space) along with related landscaping, storm water, paving, signage and parking improvements. The construction and/or development as described above are collectively referred to as the "Improvements." The Improvements relating to each separate Phase will be referred to as "Phase 1 Improvements" and/or "Phase 2 Improvements," as is applicable. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan applicable to the Property, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Company submit specific building designs and site plans for City's review and reasonable approval. 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, including but not limited to final permit inspections. 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." 4. 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 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; ( ) the Modified Plans are adequate for purposes of this Agreement to provide construction to provide for the construction of the Improvements, and I no Event of Default under the terms of this Agreement has occurred; provided, however, that any Page 331 of 443 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. 5. Timeliness of Construction. 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 make the Grant to Company and that without said commitment City would not have done so. A. Deadlines to Begin and Substantially Complete. All deadlines are subject to Unavoidable Delays (defined below) and other applicable provisions of this Agreement governing modifications or extensions. Company must obtain necessary permits and Begin Construction of the Phase 1 Improvements within the later of four (4) months of the date of this Agreement or closing on the Property (the "Phase 1 Start Date") and must Substantially Complete the Phase 1 Improvements within fourteen (14) months thereafter (the "Phase 1 Completion Deadline"). With respect to the Phase 2 Improvements, Company must obtain necessary permits and Begin Construction of the Phase 2 Improvements within four (4) months of Substantial Completion of the Phase 1 Improvements and must Substantially Complete the Phase 2 Improvements within fourteen (14) months thereafter. For purposes of this Agreement, "Begin Construction" shall mean the mobilization and entry by the Company's general contractor on the Property to start construction of the Project pursuant to the construction contract executed between the Company and the general contractor, and "Substantially Complete" shall mean the date on which the phase Improvements have been completed to the extent necessary Page 332 of 443 for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project element for which no permit was necessary has been completed to City's reasonable satisfaction. 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. Events Triggering Default and/or Termination; Remedies. If Company does not timely Begin Construction or Substantially Complete construction of the Phase 1 or Phase 2 Improvements on the schedule stated above, subject to Unavoidable Delays, then such shall constitute a default hereunder, and the City may terminate this Agreement as set forth in Section 19 and City shall then have no further obligation to Company under this Agreement. In connection with the termination of this Agreement by the City, and in addition to any other remedies available to the City under this Agreement, the parties agree that the City is entitled to have title to the Property conveyed to it, and 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 conveyance and to deliver to City title to the Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance, or past-due or currently due property taxes (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. 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 (39) 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 irrevocably constitute and appoint City as its attorney-in-fact. C. Unavoidable Delays. 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. 6. Indemnity. Company 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, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same, other than permitted mortgages as described in Section 6. If City files suit to enforce the terms of this Agreement or the Mortgage and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Agreement shall survive Page 333 of 443 the expiration, termination or cancellation of this Agreement for any reason. 7. No Encumbrances; Limited Exception. Until Substantial Completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the 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 in advance of Company's execution of any such mortgage. Company may not mortgage or encumber the Property or any part thereof for any purpose except in connection with financing of the Improvements, whether through a construction loan or permanent loan. 8. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property. Company will be responsible for payment of any associated connection fees other than water connection fees, which will be paid by City. 9. 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 value for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of$500,000.00 (the "Phase 1 Minimum Actual Value"), through: (a) Willful destruction of the Property, the Improvements, or any part of either; (b) a request to the Assessor of Black Hawk County; or (c) any proceedings, whether legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. In connection with the construction of Phase 2 Improvements, the parties will execute and record a separate amendment to the minimum assessment agreement for the purpose of increasing the Minimal Actual Value to an amount that reflects the value added by Phase 2 Improvements, which shall yield a total value of not less than $1,000,000.00 for Phase 1 and Phase 2 Improvements combined. 10. Tax Rebates. Provided that Company has completed the Phase 1 Improvements and the Phase 2 Improvements as set forth in this Agreement before the respective Substantial Completion Deadlines and has executed, as appropriate, the Minimum Assessment Agreement or an amendment to the Minimum Assessment Agreement as set forth in Section 9 above, City agrees to rebate property tax (with the exceptions noted below) with respect to Phase 1 Improvements and Phase 2 Improvements as follows: Page 334 of 443 50% rebate for each of Years One through Seven for any assessed value added by the completed Phase 1 Improvements and Phase 2 Improvements (each such payment is a "Rebate") over the base value of$4,500.00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The assessed value of the Property as a result of the Improvements constructed thereon 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 Phase 1 Improvements and Phase 2 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 Phase 2 Improvements due to partial completion of such Improvements or a partial Fiscal Year. 11. 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. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. Page 335 of 443 C. 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. 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 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. F. 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. 13. 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 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. However, in no event shall Company be required to submit a report more frequently than once every thirty (30) day period. 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 Page 336 of 443 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 the MAA termination date Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that,when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until the MAA termination date Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) 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. 14. 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 Page 337 of 443 under this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or 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 conditions 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. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 17. Obligations Contingent. Each and every obligation of the City under this Agreement is subject to and contingent upon the Company purchasing or acquiring the Property. Furthermore and in addition, 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 Page 338 of 443 of which must be completed within 90 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 90-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. 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 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 except as provided by Section 18 or otherwise as security for financing of Project improvements; 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. Page 339 of 443 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. 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. The remedies arising under this Agreement or under law shall survive the termination of this Agreement irrespective of the reason for termination. 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. 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, and addressed: (a) If to City, 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, Page 340 of 443 with copies to the City Attorney and the Community Planning and Development Director. (b) If to Company, at 3510 Kimball Avenue, Suite H, Waterloo, Iowa 50702, ATTN: Anthony Fischels. 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. 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. 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. Binding Effect. This Agreement shall be binding and shall inure to the benefit Page 341 of 443 of the parties and their respective successors, assigns, and legal representatives. 29. Counterparts. This 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. 30. 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. 31. 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 set forth above. CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: Quentin M. Hart, Mayor Anthony ischels I Attest: Title: Kelley Felchle, City Clerk Page 342 of 443 EXHBIIT A Lot 4 and Lot 5 of the South Port 3rd Addition in the City of Waterloo, Iowa. (Assessor Parcel Numbers: 8913-08-201-012 and 8913-08-201-014, respectively) Page 343 of 443 EXHIBIT B MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2025, and among the CITY OF WATERLOO, IOWA("City") and 3 Stooges, LLC ("Company"), and the COUNTY ASSESSOR of the BLACK HAWK COUNTY, 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 "B" 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 East Waterloo Unified Urban Renewal and Redevelopment Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code§ 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $500,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by July 31, 2026, the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. The parties contemplate a later amendment to this Agreement that increases the Minimum Actual Value in connection with Phase 2 Improvements. 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, 2040. Page 344 of 443 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 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or Page 345 of 443 (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 det forth above. [signatures on next page] Page 346 of 443 CITY OF WATERLOO, IOWA 3 STOOGES, LLC B � y Y BY Quentin M. Hart, Mayor Antho y Fischels Attest: Title: MV1.VX-V' Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 202_, before me, a notary public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn ho being duly sworn, did say that they are the Mayor and City Cleric, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seat 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 STATE OF I 0l,lZt> ) COUNTY 0FP)IQLJ�(�f b,l ) Ss. k,, ) Subscribed and sworn before me on by as V-C. of 3 Stooges, LLC. A 1 -4 WV) kA MELISSAYOUNGBLUT No ary Public -As COMMISSION NO.747753 ih * MY COMMISSION EXPIRES, %owl, JULY 6,2028 Page 347 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 and 001 100 Dollars ($1,000,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Date Assessor for Black Hawk County, Iowa 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 Page 348 of 443 Lots outlined in Yellow. TRACT Alum i •h ilk -, ' Page 349 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director July 21, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution authorizing sponsorship of the High Quality Jobs Tax Credit Application with the Iowa Economic Development Authority, for International Paper Company, for the addition of up to seventy- two jobs associated with their new business at 3230 Leversee Road, and rescind Resolution No. 2025-044 in its entirety. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION International Paper Company has applied for the High Quality Jobs Tax Credit with the Iowa Economic Development Authority, and the number of employees has changed. The number of jobs this project was expected to create was 90, which included other jobs in other Iowa locations. The actual number of new jobs for Waterloo when the project was announced was 65, and this new resolution will now reflect the creation of up to 72 new jobs, seven more than initially reported at their new manufacturing facility that will be located at 3230 Leversee Road. NEIGHBORHOOD IMPACT This project will have a positive impact on the neighborhood with the creation of new jobs and the construction of a new manufacturing business. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 350 of 443 LEGAL DESCRIPTION ATTACHMENTS 1. Resolution 2025-044 Page 351 of 443 Prepared LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2025-044 A RESOLUTION AUTHORIZING SPONSORSHIP OF THE HIGH-QUALITY JOBS APPLICATION WITH THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, FOR INTERNATIONAL PAPER COMPANY, FOR THE ADDITION OF UP TO 90 JOBS ASSOCIATED WITH THEIR NEW BUSINESS AT 3230 LEVERSEE ROAD, AND AUTHORIZING THE COMMUNITY PLANNING AND DEVELOPMENT DIRECTOR TO EXECUTE SAID APPLICATION. WHEREAS, International Paper Company has proposed the establishment of a new business operation at 3230 Leversee Road in Waterloo, Iowa, which is projected to create up to 90 new high-quality jobs; and WHEREAS, the City of Waterloo is committed to economic development and enhancing job opportunities for its citizens; and WHEREAS, the Iowa Economic Development Authority's High-Quality Jobs Program provides tax incentives to businesses that create high-paying jobs and generate significant economic development in the state; and WHEREAS, the City of Waterloo wishes to sponsor International Paper Company's application to the High-Quality Jobs Program to facilitate the company's expansion and support its significant economic contribution to the community; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo as follows: 1. The City of Waterloo hereby supports and sponsors the High-Quality Jobs Application with the Iowa Economic Development Authority for International Paper Company's new business venture. 2. Upon successful application and job creation, the city will engage with International Paper Company to ensure compliance with the program's standards and monitor the economic impact on the community. 3. The Community Planning and Development Director is authorized and directed to execute said documents on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21"day of January 2025. /� P,wcl ���ss DIGIT�LY SIGNED ATTEST: Ray Feuss, Mayor Pro Tem 0aacq 6 SIGNED Nancy Hig y, Deputy ity Clerk SEAL 0 � t 749!e�AA` 0 Page 352 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director July 21, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving a Development Agreement with RAP, LLC, for the construction of a 4,200 square foot commercial building with a minimum assessed value of $273,000.00, located south of 3135 Marnie Avenue, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION _ Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving a Development Agreement with RAP, LLC, for the construction of a 4,200 square foot commercial building with a minimum assessed value of $273,000.00, located south of 3135 Marnie Avenue, and authorizing the Mayor and City Clerk to execute said document. The Development Agreement is set up to give the land (1.08 acres) to Company for $1.00 while City acquires land from owner through TIF funds ($188,179.00). This is the same setup we have done for other projects in the area to encourage development and to make private land development a partnership with City similar to public land development. NEIGHBORHOOD IMPACT This is another positive economic development project for the city and the growing Martin Road TIF District. DATA, ANALYSIS, AND STRATEGIES Economic development and land use. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Martin Road TIF ALTERNATIVE ACTION Page 353 of 443 LEGAL DESCRIPTION Parcel J in shown in Plat of Survey filed December 28, 2016 as Doc. No. 2017-11845, and more particularly described as the following: That part of the South Two Hundred Fifty (250.00) feet of Lot No. Sixteen (16), Kingswood Second Addition, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of aforesaid Lot No. Sixteen (16); thence N00°01'36"W One Hundred Twenty-five (125.00) feet along the East line of said Lot No. Sixteen (16) to the point of beginning; thence continue N00°01'36"W One Hundred Twenty-five (125.00) feet still along said East line to the North line of aforesaid South Two Hundred Fifty (250.00) feet; thence S90°00'00"W Three hundred Thirty-one and Seventy Hundredths (331.70) feet along said North line to the West line of aforesaid Lot No. Sixteen (16); thence S35°56'49"W One Hundred Fifty-four and Forty Hundredths (154.40) feet along said West line; thence N90°00'00"E Four Hundred Twenty-two and Forty Hundredths (422.40) feet to the point of beginning containing 1 .08 acres. ATTACHMENTS 1. 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(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 Martin Road Development Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and erect structures and make related improvements on property legally described on Exhibit "A" attached hereto (the "Property") located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, 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. Development Property. Company is purchasing the Property. Company will undertake the Project (defined below) upon the Property. Page 358 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctw1 2. Improvements by Company. Company shall construct on the Property one (1) commercial building of approximately 4,200 square feet, as well as related landscaping, storm water control, paving, signage and parking improvements (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement 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 Company's plans submitted to City, a copy of which are attached hereto as Exhibit "B." 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." 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 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, Page 359 of 443 dotloop signature verification: 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 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. A. Deadline to complete. Company must obtain a building permit and begin the work no later than four (4) months after the date of this Agreement (the "Start Date") and Substantially Complete construction of the Improvements within fourteen (14) months after the date of this Agreement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed pursuant to the Plans or Modified Plans to the extent necessary for City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been completed to City's reasonable satisfaction. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. In any circumstance where Company's progress on the Project fails to meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not been Substantially Completed within such extended period, then any further time extensions will require consent of the City Council. B. Events triggering termination and transfer 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 17, and City shall then have no further obligation 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. 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 Page 360 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctw1 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. In connection with termination of the Agreement, and in acknowledgment of the Property value payment that City is making to the Property owner on Company's behalf as set forth in Section 8.A, City may demand conveyance of the Property and/or exercise other available remedies. 5. Property Conveyance; Indemnity. In the event of any conveyance of Property title pursuant to Section 4.13, 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 conveyance 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 deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property conveyed to City. 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 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, which appointment is coupled with an interest and is irrevocable. 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 water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. Page 361 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctw1 8. City Activities to Aid Project. In addition to Rebates as provided herein, City will undertake the following activities to assist the Project: A. Grant For Land Acquisition. As more specifically described in the Funding Agreement attached hereto as Exhibit C, City shall make an economic development grant (the "Grant") to the Company for the Project in the amount of $188,179.00, to be paid by City to Company or on Company's behalf to the owner of the Property at the time of closing on the Property purchase transaction. 9. 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 "MAX) 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 $273,000.00 (the "Minimum Actual Value"), through: (a) willful destruction of the Property, the Improvements, or any part of either; (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 10. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. 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 requested by City, as to the actual progress of Company with respect to construction of the Improvements. Page 362 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctw1 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 the MAA termination date Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. 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. Page 363 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctw1 11 . 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. 12. 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. Page 364 of 443 dotloop signature verification: 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or 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. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. 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. 15. 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 Page 365 of 443 dotloop signature verification: Project, whether in whole or in part, to any other person or entity without the prior written consent of City, except as permitted in accordance with Section 6 for security of financing for completion of the Improvements. 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 16. 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. Page 366 of 443 dotloop signature verification:dtlp.us/pGGI-L9rs-Ctw1 17. 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 conveyance of the Property and/or recovery of any sums paid by City to Company before the date of termination 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. 18. 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. 19. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be Page 367 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctw1 the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 21 . Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at RAP, L.L.C., 1419 220' Street, Manchester, Iowa 52057, 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, (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. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the Page 368 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctw1 offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. 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. 27. 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. 28. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 29. 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. 30. 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. 31 . Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. Page 369 of 443 dotloop signature verification: CITY OF WATERLOO, IOWA RAP, L.L.C. /G_Go�, Ate''' dodoop verified �/� /��v 07/13/25 10:55 AM CDT By: By CUMC-PJJJ-GG08-V74Y Quentin M. Hart, Mayor o Ryan Phillipson Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. The undersigned hereby agree(s) to be unconditionally bound by all terms, conditions, consents and obligations of or relating to Company in the Agreement. Liability of guarantors hereunder is joint and several. dotloop ed 07/"3/25 0:55 A M CDT1gVw5V"sI�6d~ - HM-WZ1XG-M58W-GE RK Ryan Phillipson Page 370 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctw1 EXHIBIT "A" Legal Description of Property Parcel "T of Plat of Survey Doc. No. 2017-11845 of Part of Lot 16, Kingswood Second Addition, Waterloo, Black Hawk County, Iowa. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 7/11/2025 , 2025, by and among the CITY OF WATERLOO, IOWA ("City"), RAP, L.L.C. ("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 Martin Road Development 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: Page 371 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctw1 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $273,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2026 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, 2036. 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: Page 372 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctw1 (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 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] Page 373 of 443 dotloop signature verification: CITY OF WATERLOO, IOWA RAP, L.L.C. d7/l 3/2 verified 07/1325 10:55 AM CDT JWK-YNDF-6FG7-WMCW By: By: Quentin Hart, Mayor Ryan Phillipson Managing Member By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2025, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public Page 374 of 443 dotloop signature verification:dtlp.us/pGGI-L9rs-Ctw1 STATE OF IOWA ) ) ss. COUNTY ) Subscribed and sworn to before me on 2025 by Ryan Phillipson as Managing Member of RAP, L.L.C. Notary Public Page 375 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctw1 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 Two Hundred Seventy Three Thousand and 00/100 Dollars ($273,000.00) 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 2025 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 376 of 443 dotloop signature verification:dt1p.us/pGGI-L9rs-Ctvd1 Exhibit "C" FUNDING AGREEMENT This Funding Agreement(the"Agreement") is entered into as of , 2025 by and among the City of Waterloo,Iowa("City"), George and Dan,L.L.C. ("Seller"),and RAP L.L.C. ("Buyer"). WHEREAS, City and Buyer are parties to a certain Development Agreement dated ,2025 (the"DA"),Buyer and Seller are parties to a certain purchase agreement dated ,2025 (the"PA"), and said agreements concern the Buyer's acquisition and development of certain property legally described as: Parcel"J"of Plat of Survey Doc.No. 2017- 11845of Part of Lot 16,Kingswood Second Addition,Waterloo, Black Hawk County,Iowa(the "Property"); and WHEREAS,Buyer is purchasing the Property from Seller for the sum of$1.00, and pursuant to the DA the City has agreed to fund up to $188,179.20 (the"Incentive")to compensate Seller for the Property value. NOW, THEREFORE, in consideration of the mutual promises exchanged herein,the parties agree as follows: 1. Incentive Payment. At closing under the PA, City will deliver to the settlement agent a sum equal to the Incentive,minus such deductions as may be provided in the PA for property tax proration and such other items as are identified in the PA as transactional costs for which Buyer is to receive a payment or credit from Seller. The parties shall cooperate in scheduling the closing and in sharing such information as necessary to enable City to perform its obligations hereunder. 2. General Terms. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Agreement may not be modified or amended except pursuant to the mutual written agreement of the parties. This Agreement is binding on the parties and their respective successor and assigns. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF,the parties have executed this Funding Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GEORGE AND DAN,L.L.C. By: By: Quentin M. Hart, Mayor Managing Member RAP,L.L.C. Attest: cofloop ed Kelley Felchle, City Clerk ��GG/fGJ�� 07/13/2510:5 / 07/13/2510:55 AM CDT By: RIN-OHPY-YSNT-J6VY Ryan Phillipson Managing Member Page 377 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director July 21, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving two Memorandums of Understanding with the Iowa Northland Regional Council of Governments, in the amount of $29,000.00, for preparation of grant writing and administration of an Economic Development Administration Public Works and Economic Adjustment Assistance grant for a water detention basin in the Waterloo Air and Rail Park, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving two Memorandums of Understanding (MOU) with the Iowa Northland Regional Council of Governments, in the amount of $29,000.00, for preparation of grant writing and administration of an Economic Development Administration Public Works and Economic Adjustment Assistance (EDA PWEAA) grant for a water detention basin in the Waterloo Air and Rail Park. The grant writing services are $1,000.00, and administration of the grant is $28,000.00. Due to recent layoffs in the area, the City is eligible for EDA funding to assist with economic development projects. The EDA PWEAA would help with the construction of a water detention basin for the International Paper project, and the basin would also be regional. Attached are the MOU's for grant writing, grant administration, and a map that shows the basin area outlined in dashed red line. The $28,000 portion is only due if the grant is funded. NEIGHBORHOOD IMPACT The EDA PWEAA grant would provide assistance to construct the new basin, which will also serve as a regional basin for the industrial park. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 378 of 443 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Grant Writing MOU 2. Grant Administration MOU 3. Map Page 379 of 443 GRANT APPLICATION MEMORANDUM OF UNDERSTANDING This memorandum of understanding (MOU) is between the City of Waterloo, hereinafter referred to as the City, and the Iowa Northland Regional Council of Governments, hereinafter referred to as INRCOG. WHEREAS, the City wishes to engage INRCOG's grant writing services for the following project: Type of Grant: EDA PWEAA Project Description: Waterloo Air and Rail Park Detention Basin INRCOG will not charge the City in advance for grant preparation services; INRCOG will submit a grant preparation invoice in the amount of one thousand dollars ($1,000) to be paid by the City from local funds after which the grant application has been submitted. IN WITNESS WHEREOF, INRCOG and the City of Waterloo have executed this memorandum of understanding as of this day of , 2025. Iowa Northland Regional City of Waterloo Council of Governments Brian Schoon, Executive Director Quentin Hart, Mayor Attest: Isaiah Corbin, Director of Development Kelley Felchle, City Clerk Page 380 of 443 GRANT ADMINISTRATION MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is between the City of Waterloo and the Iowa Northland Regional Council of Governments hereinafter referred to as INRCOG. Whereas, the City of Waterloo wishes to engage INRCOG's grant administration service for the following project: Type of Grant: EDA PWEAA Project Description: Waterloo Air and Rail Park EDA Grant Charge for Grant Administration: $28,000 Charges for administration shall be based upon a contract between the City of Waterloo and INRCOG which will be executed after the City has been awarded the above listed grant. Amount included in the grant for Grant Administration: $28,000 IN WITNESS WHEREOF, INRCOG and the City Council of the City of Waterloo have executed this memorandum of understanding as of this day of 2025. Iowa Northland Regional City of Waterloo Council of Governments Brian Schoon, Executive Director Quentin Hart, Mayor Attest: Isaiah Corbin, Director of Development Kelley Felchle, City Clerk Page 381 of 443 GENERAL NOTES: ��,00`' O� • THE DETENTION SYSTEM IS LOCATED IN THE CENTER OF THE SUBDIVISION FLOWING FROM NORTH TO SOUTH TO THE PROPOSED OUTFALL. c ,; n • THE LEVERSEE RD DITCH AS WELL AS A BOUNDARY SWALE(PROTECTING THE AIRPORT)DRAIN 3 v TO THE CENTER DETENTION SYSTEM AS WELL. • EACH POND STAIR STEPS BETWEEN EACH OF THE EAST/WEST ROADWAYS IN THE SUBDIVISION O �• d� (CURRENTLY 4 EASTIWEST ROADS). N.T.S. • THE ENTIRE SUBDIVISION IS DIVIDED INTO 5 REGIONS THAT ARE ASSOCIATED WITH ONE OF THE CENTRAL POND SYSTEMS. • EACH POND SYSTEM IS/OR CAN BE RESTRICTED TO MINIMIZE THE SIZE OF THE OUTFALL SYSTEM.THE CURRENT TARGET IS A 24"-36"PIPE.THIS CREATES A STAGED DETENTION o Z SYSTEM INSTEAD OF PUSHING ALL OF THE WATER TO THE SOUTH POND AT ONE TIME. WARP 2ND ADDITION Q 0 • WE ARE LOOKING TO REDUCE THE OUTFALL PIPE SIZE TO ALLOW FOR THE FUTURE EXTENSION H OF STORM SEWER DOWN W.AIRLINE HWY TO PROVIDE BETTER DRAINAGE FOR THE WARP 1 ST ADDITION W U BUSINESSES IN THE AREA. } 0 POSSIBLE ROAD Z J LEVERSEE RD EXTENSION o Q w0 F- WWLU LLI I v7 as I00 1789,2'- PROJECT 8s.2'PROJECT BLACKHAWK I I PROPOSED SUBDIVISION OUTFALL zasa.s W PROPOSED OUTFALL TS s IMPROVEMENTS IN - MOM mum WARP 3RD ADDITION I / COST ESTIMATE LIMITS WARP 4TH ADDITION PROPOSED DETENTION SYSTEM POSSIBLE WARP DR EXTENSION(CAN SHIFT NORTH) a Z W Lu a M W w w O Q rn a N j a N _ w o w O N L1J Lu H (7W0 � � Z Q Z m o a, N � 5w :o N O W N Q Q a WATERLOO AIRPORT 3 S V Z W a DATE:2/18/2025 a SHEET EX-01 Page 382 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Greg Ahlhelm, Building Offical July 21, 2025 Building Department AGENDA ITEM TITLE Resolution approving a Professional Service Agreement with AECOM of Waterloo, Iowa, in conjunction with an Emergency Building Inspection of the building at 325 West Park Avenue in Waterloo, Iowa, which had a portion of the Southeast wall collapse and needed an "emergency building inspection" to provide the City of Waterloo with recommendations for building rehabilitation or demolition of the existing structure, in addition to verify public safety. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Emergency Building Inspection at 325 W Park Avenue, Waterloo, Iowa, had a portion of the southeast wall collapse near the northeast corner on Thursday, June 5, 2025. AECOM provided a structural engineer whom had to be flown into Waterloo to recommend building rehabilitation or demolition of the existing structure. AECOM's emergency inspection was completed to verify public safety due to the proximity of the traveling public on Park Avenue and Washington Street and the adjacent properties. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 383 of 443 LEGAL DESCRIPTION ATTACHMENTS 1. Emergency Building Inspection 325 W Park Ave Wall Collapse Page 384 of 443 AECOM Page 7 EMERGENCY BUILDING INSPECTION CITY OF WATERLOO, IOWA EXHIBIT A I. PROJECT DESCRIPTION The building at 325 West Park Avenue in Waterloo. Iowa, had a portion of the southeast wall collapse near the northeast corner at approximately 9:00 am on Thursday, June 5, 2025. The building was unoccupied at the time of the wall collapse. ATS is to provide the City of Waterloo with recommendations for building rehabilitation or demolition of the existing structure The ATS emergency inspection was completed to verify public safety due to the proximity of the traveling public on Park Avenue and Washington Street and the adjacent properties. II. SCOPE OF SERVICES The Scope of Services will encompass and include work, services, materials, equipment and supplies necessary to complete the project defined above. The Scope of Services includes an onsite structural evaluation of the collapsed building, preparation of a structural evaluation report, and injunction support. The Scope of Services are further defined as fol lows: Task 1 —Site Evaluation. This task consists of one site visit for the structural engineer to evaluate the safety of the existing structure after the collapsed structural wall and provide a recommendation for rehabilitation or demolition. The site evaluation did not include material testing and was a visual inspection. Task 2—Report. The structural evaluation report will include the site background, field observations, supporting documentation, and conclusions and recommendations for the City of Waterloo. Task 3—In'unction Support. ATS will provide attendance at two injunction meetings (virtually) to support the City of Waterloo. Preparation meetings with the City will also be included in this task. Task 4—Hearing. An ATS Principal structural Engineer will attend a hearing (virtually), as an expert witness, to answer questions by the City Council and by cross examination. Task 5—Project Administration. The project administration task includes quality control checks, meetings, and administrative tasks. L:\Secure—DCSiAdministrationlAGREEkPROFAVVAT Emergency Building Repairs.doc Page 385 of 443 Suite AECOM 319-232-6531 tel COa� 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo,Iowa 50703 %yww.aecom.com EMERGENCY BUILDING INSPECTION CITY OF WATERLOO, IOWA 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, 715 Mulberry Street,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. ll. 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 contractor's 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. (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 Page 386 of 443 �Com Page 2 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 Liability including third party Bodily Injury and Property Damage Liability and Contractual Liability insurance in a limit of One Million Dollars ($1,000,000)each occurrence and in the aggregate. (c) Business Auto Liability Insurance (owned, non-owned or hired) in a combined single limit of One Million Dollars($1,000,000). ATS agrees to include CLIENT as Additional Insured on the Commercial General E Liability and Business Auto Liability policies, but only to the extent of ATS's s Page 387 of 443 �L=Com Page 3 negligence under this agreement and only to the extent of the insurance limits specified herein. (d) 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 on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not-to-exceed fee of Twelve Thousand Five Hundred Dollars ($12,500.00)and will not be exceeded without authorization from the Client. 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. Vlll. OWNERSHIP OF DOCUMENTS (a) Seated original drawings, specifications, final project specific calculations and other 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 Page 388 of 443 �COM Page 4 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. 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 took to the disposal facility and/or transporter for any responsibility or liability arising from improper Page 389 of 443 �L=COM Page 5 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 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. Page 390 of 443 �com rage 6 (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) 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM TECHNICAL SERVICES, INC. By: By: Printed Name: Quentin Hart Printed Name: Michelle M. Sweeney, PE,_PTOE_ Title: Mayor Title: Associate Vice President Date: Date: Page 391 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer July 21, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving construction plans for grading, paving, and utilities serving the San Marnan Business Park 1 st Addition - Phase 2, as submitted by the Clapsaddle-Garber Associates, Inc., Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION These construction plans have been reviewed by the Engineering Department. They appear to meet current design standards and specifications, therefore they are recommended for approval by the City Council. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 392 of 443 ATTACHMENTS None Page 393 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer July 21, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement with Foth Infrastructure and Environment, LLC, originally executed March 17, 2025, in an amount not to exceed $541,131.00, in conjunction with the FY 2026 Katoski Drive and Huntington Road Reconstruction, Contract No. 1123, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Supplemental Agreement is for the final design. Costs for agreement to be shared between the City and the Waterloo Schools. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Page 394 of 443 ATTACHMENTS 1. Amendment #1 Foth Infrastructure and Environment LLC Agreement for Services Final Design 071625 Huntington and Katoski Page 395 of 443 � Foth AGREEMENT FOR SERVICES ADDENDUM No.25-01 Project Title: Huntington Road and Katoski Drive Reconstruction FOTH Project Number: 0025W013.00 CLIENT Project Number: Contract#1123 (If applicable) This Addendum(in addition to and subject to the conditions contained in the Agreement for Services dated March 17,2025), (hereinafter"Addendum"),is made and entered into 21st day of July,2025 by and between FOTH INFRASTRUCTURE& ENVIRONMENT,LLC,(hereinafter"ConsultantI and City of Waterloo,(hereinafter"Client"),for the services described under the Scope of Services(the"Services"). CLIENT: City of Waterloo Address: 715 Mulberry Street,Waterloo,Iowa 50023 Phone No: 319-291-4312 Email Address: Jamie.Knutson@waterloo-ia.org Client hereby agrees to retain Consultant to perform the following Services: See Exhibit A Services shall be performed according to the following schedule: See Exhibit B In consideration of these Services,the Client agrees to pay Consultant compensation as follows: ❑ Lump-Sum in the amount of$ .00 ® Unit Cost/Time Charges(Standard Rates)with a total amount not-to-exceed$541,131.00 ❑ Unit Cost/Time Charges(Standard Rates)for an estimated cost of$ .00 ❑ Other as stated here: Entire Agreement:This Addendum,along with other approved Addendums,together with and subject to the Agreement for Services referenced above,constitutes the entire understanding between the parties with respect to the subject matter hereof.This Addendum may be modified by subsequent written addenda mutually agreeable by both parties. IN WITNESS WHEREOF,this Agreement is accepted on the date last written below,subject to the terms and conditions above stated and the provisions set forth herein. CLIENT FOTH INFRASTRUCTURE&ENVIRONMENT,LLC Signed: Signed: Name(printed): Quentin M. Hart Name(printed): J ester,PE Title: Mayor Title: Lead Civil Engineer Date: Date: July 21,2025 Signed: Name(printed): Dave Kapler,PE Title: Senior Vice President Date: July 21,2025 Page 1 of 15 Rev.03/31/2021 Page 396 of 443 Exhibit A Scope of Services The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project. The Consultant shall complete the scope of services in accordance with generally accepted standards of practice and shall include all work necessary to complete the tasks outlined in this Agreement. Project Background The project consists of the final design for the reconstruction of Huntington Road from the Waterloo / Cedar Falls city limits to just east of Katoski Drive, approximately 2,900 linear feet. The project also includes the final design of Katoski Drive from 800 linear feet south of Huntington Road to Greenhill Road, approximately 3,700 linear feet. Four roundabouts will be designed on Katoski Drive at Huntington Road,the proposed school entrance, Downing Avenue, and Greenhill Road. Services include project coordination, design surveys, legal surveys, preliminary and final roadway and roundabout design, preliminary and final storm sewer and culvert design, preliminary and final traffic control device and lighting design, preliminary and final trail design, landscape concept development, construction staging, budget review, project bidding services, and construction services as further detailed within this scope of services. Reconstruction of Huntington Road and Katoski Drive is planned to begin in 2026,with construction completed prior to August 1, 2028, in advance of the 2028 school season. Completion of final design (this agreement) is scheduled for early January of 2026 to allow bidding of the project in late January of 2026. The Scope of Services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: I. BASIC SERVICES OF THE CONSULTANT The Consultant shall communicate on a regular basis with the City to clarify and define the City's requirements for the Project and review available data. The City agrees to furnish to the Consultant all information available with respect to the City's requirements, including any special or extraordinary considerations for the Project or special services needed,and to make available pertinent existing data.The Consultant shall provide the following basic services regarding the Project. A. Project Coordination The Consultant will complete the following project coordination tasks. 1. Design Development Coordination Maintain communications with the City to review progress and discuss specific elements of the project design and receive direction from the City. The meetings will also serve to establish schedules, develop project goals, promote a dialog between the various entities, improve the decision-making process, expedite design development, prepare meeting minutes, and keep documentation of other communications. For budget purposes, the Consultant will attend five (5) meetings that will be attended by three (3) staff members of the Consultant. The following meetings are included with the scope of work: • Preliminary Plan Phase — Two (2) meetings • Final Plan Phase — Two (2) meetings There is one (1) additional meeting included for miscellaneous purposes, and it is understood by the parties that the Consultant will attend additional meetings as needed to complete the Project. The Consultant will also maintain communications with the City with scheduled virtual meetings. Page 2 of 15 Rev.03/31/2021 Page 397 of 443 2. Utility Coordination Meetings Conduct up to four (4) utility coordination meetings with representatives of each utility company. The first meeting will be to advise the utility of the nature and extent of the proposed improvements, solicit mapping, and collect input from the utility to develop an understanding of the order of magnitude and limitations of their facilities located within the project corridor. The second meeting will be to review the collected field data, identify any missing information, share with each utility the proposed functional layout of the project, and begin initial assessments of impacts to each utility. The third meeting will be a preliminary design review and coordination meeting,and the fourth and final meeting will be a review of the utility relocation plans. Waterloo Water Works is currently designing a water main construction project planned for the east side of Katoski Drive. Foth will coordinate with Waterloo Water Works to identify and resolve any potential conflicts. Known utilities in the corridor include: • City of Waterloo 0 Waterloo Water Works • Cedar Falls Utilities 0 Metronet Fibernet, LLC • Lumen 0 Windstream Enterprise • MidAmerican Energy Electric 0 Mediacom Communications • MidAmerican Energy Gas 3. Meetings with Local Elected Officials Conduct one(1)project information meeting that will be attended by three(3)staff members of the Consultant. The purpose of the meeting will be to provide a brief update of the proposed improvements for the Mayor and City Council and a discussion of the reconstruction plan, as well as gather information on the concerns, priorities, and specific issues of the Mayor and City Council.This task includes preparation of the display materials and handout information for the meeting. Reserving the meeting facility and placement on the Council Agenda will be completed by the City. 4. Public Information Meetings Conduct one(1)project information meeting that will be attended by three(3)staff members of the Consultant. The purpose of the meeting will be to provide a brief overview of the proposed improvements to the surrounding neighborhoods and a discussion of the reconstruction plan, as well as gather information on the concerns, priorities, and specific issues of the adjacent property owners and other affected parties. This task includes preparation of the display materials and handout information for the meeting. Reserving the meeting facility and mailing of a public notification will be completed by the City. 5. School District Coordination Maintain communication with the School District, the engineer for the school site improvements, and the contractor for the school site construction to discuss and resolve overlapping and conflicting elements of the school site design and construction with the roadway design. The meetings will serve to promote a dialog between the various entities, improve the decision-making process, resolve conflicts, expedite design development, prepare meeting minutes, and keep documentation of other communications. For budget purposes, the Consultant will attend weekly meetings through November 2025 (90% plan development) that will be attended by two (2) staff members of the Consultant. Meetings are anticipated to be virtual, but two (2) site visits are budgeted. Page 3 of 15 Rev.03/31/2021 Page 398 of 443 6. City of Cedar Falls Coordination Conduct up to three (3) virtual project coordination meetings attended by two (2) staff members of the Consultant with staff from the City of Cedar Falls to address the design of Huntington Road across city limits.The meetings will serve to promote a dialog between the various entities, resolve conflicts, ensure both roadway designs connect seamlessly, and incorporate the City of Cedar Falls Huntington Road plans into the Huntington Road and Katoski Drive Reconstruction plans for a single bid letting. 7. Project Management (Six (6) months, Mid-July 2025 — Mid-January 2026) The project manager for the Consultant will be responsible for communicating and coordinating with the City, monthly progress reporting, meeting minutes, interoffice memoranda, and project invoicing. This task also includes scheduling of staff, review of progress, and senior review of deliverables. B. Design Surveys and Mapping The Consultant shall perform field and office tasks required to collect supplemental topographic information deemed necessary to complete the final design of the Project. The specific supplemental survey tasks to be performed include the following: 1. Supplemental Utility Survey Utilize the Iowa One-Call Design Request System to identify utility owners of record, obtain existing utility mapping information, and request that buried utilities be marked in the field. Field survey marked utilities, incorporate into project base map, and document utility name and contact information on the utility legend. Establish coordinates and elevations (if possible) for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. Utilities will be collected according to ASCE SUE quality levels (Level B-D) and will be shown and described on the plans. Anticipated utilities to be surveyed include phone, gas, fiber optic, water main, overhead/underground electrical (including power poles, pedestals, valves, and manholes), sanitary sewer, and storm sewer. This includes establishing manhole and intake elevations for existing sanitary sewers, storm sewers,and roadway culverts. 2. Supplemental Property Ownership and Research Research City and County records including right-of-way strip maps, subdivision plats, section corner ties, and surveys, locate existing boundary corner monuments, establish property lines, right-of-way lines, section lines, and easements, determine ownership of the properties affected by the project. Prepare a drawing with property lines, right-of-way lines, section lines,and easements within the project area as shown on the existing plats and other documents of record along with the land corner monuments and boundary corner monuments located in field. Review property ownership information from public records and add property owner names to the project mapping for public display and plan preparation purposes. 3. Supplemental Right-of-Way Survey Perform right-of-way surveys required for the development of the project. The right-of-way surveys shall be in-depth legal surveys for which parcel impact diagrams and acquisition plats are to be developed. This task includes a thorough search of City,County,and State records to review all surveys of record pertaining to the survey corridor, including County Auditor's Subdivisions Plats, original government surveys, early surveys made by County Surveyors, all irregular land surveys, and road establishment records. Copies of such records are to be included in the project file for future reference. This task also includes obtaining sufficient field data to locate or establish property lines affected by the project to enable the preparation of the improvement plans. This includes locating section corners, property pins, and visible lines of occupation such as fences,field divisions, or any other lines, indicating possession. A diligent effort will be made to recover Page 4 of 15 Rev.03/31/2021 Page 399 of 443 existing land corner monuments necessary to describe the right-of-way along the project corridor. 4. Project Base Map Update Incorporate field surveys into an electronic base map to be used for the design of the project. Incorporate property lines, right-of-way lines, easement lines, and property ownership for parcels located within the project limits into the base map. The base mapping will identify the owners and boundaries of all appropriate parcels within the survey limits. C. Legal Surveys and Plat Preparation The Consultant will perform field and office tasks required to collect additional property information deemed necessary to complete the Project.The specific supplemental survey tasks to be performed include the following: 1. Individual Parcel Impact Diagrams (PIDs) The Consultant will prepare individual property impact diagrams (8.5-in by 11-in) for each parcel which will consist of aerial imagery and show the proposed roadway design elements, driveway access, and site modifications, in addition to existing right-of-way lines, proposed fee title right-of-way needs, and permanent/temporary easement needs. The diagrams will be labeled with key parcel information and reference individual easement square footage areas. The diagrams will be used for initial right-of-way discussions and verification in advance of the preparation of acquisition plats. For estimating purposes, it is assumed that twenty-eight(28) parcel impact diagrams will be prepared. 2. Preparation of Acquisition Plats and Legal Descriptions The Consultant will prepare acquisition plats and legal descriptions for property to be permanently acquired with the project. For estimating purposes, the following numbers of acquisition plats are assumed for this agreement: Permanent (Fee Title) Right-of-Way Acquisition Plats (FE) =4 each Permanent (Sidewalk, Utility, Electric) Easements (PE) = 2 each Temporary Construction Easements (TE) = 28 each. 3. Right-of-Way/Easement Staking This task consists of staking the fee title and easement locations for purposes of right-of- way negotiations. The staking survey includes the marking of key fee title and easement location points to visualize the locations in the field and will also include marking of existing property line locations. For this agreement,all permanent fee title and temporary easements will be staked one (1) time. A total of twenty-four (24) hours has been estimated for this task. 4. Utility Relocation Staking Perform staking to aid in the relocation of private utilities. This task will include communication with utility companies regarding their needs and staking.This task includes (1) staking effort per each utility company. A total of twenty-four (24) hours has been estimated for this task. D. Preliminary Design (60%Complete) The Consultant will perform preliminary design services with the primary focus on geometric plans and profiles, existing and proposed utility locations, and right-of-way requirements. The Consultant will also incorporate potential elements that may affect corridor improvements, including property impacts and construction staging. The Consultant will prepare preliminary design plans depicting the proposed grading, drainage, paving, pavement markings, signing, lighting, utility relocation, and other features of the project. The work to be performed by the Consultant under the Preliminary Design phase will consist of the following tasks: Page 5 of 15 Rev.03/31/2021 Page 400 of 443 1. Preliminary Roadway Geometrics Refine roadway geometrics for the project based on the preferred alternative from the functional design phase and approved design criteria. This task includes refinement of roundabout geometry at the following intersections: • Katoski Drive and Huntington Road • Katoski Drive and proposed school entrance • Katoski Drive and Downing Avenue • Katoski Drive and Greenhill Road 2. Preliminary Horizontal Alignments and Vertical Profiles Utilizing the functional geometric layout, refine horizontal alignments and develop vertical profiles for the mainline and connecting roadways. The alignments and profiles will be developed based on the technical memorandum summarizing the design criteria. 3. Preliminary Water Main Design Develop preliminary design modifications for existing water main systems within the project corridor impacted by the roadway design. Includes removal and reconstruction of these utilities within the project limits. Per review and discussion with the City, only minor adjustments are anticipated. 4. Preliminary Sanitary Sewer Modification Design Develop preliminary design modifications for existing sanitary sewer systems within the project corridor impacted by the roadway design. Includes minor and major adjustments and not complete relocation or reconstruction of these utilities. All existing service lines will be replaced to just past right-of-way. If it is determined that replacement of manholes is needed, a by-pass pumping plan will be developed. 5. Preliminary Storm Sewer and Culvert Design Based on the preliminary drainage analysis, develop storm sewer system layout plan and major crossroad connections based on Chapter 2 SUDAS Design Manual. Based on the preliminary culvert hydraulic analysis and the profile design of Huntington Road, develop plans for the modification or replacement of the Huntington Road culvert between Edgewood Drive and Ingersoll Road as well as replacement of the triple pipe culverts under Huntington Road just east of Katoski Drive. Resolve potential conflicts with underground utilities and other design elements. 6. Preliminary Roadway Lighting Photometric Design This task consists of selection of lighting poles and fixture types, design and drawing preparation of a preliminary layout, and preparation of photometric analysis and reports. This task does not include any electrical circuit design for preliminary plans.The Consultant will work closely with the City and MidAmerican Energy Company to ensure that the proposed lighting system is compatible with the overall project design, and that it will meet the needs of the City. 7. Utility Conflict Identification The Consultant will identify utility conflicts based upon the preliminary design layout and develop a tabulation with plan sheet exhibits for purposes of working through conflict resolution.This task includes storm sewer,water main,sanitary sewer and all private utilities including gas,electric, and communications. 8. Construction Staging Plan Development The Consultant will develop a preliminary traffic control concept to indicate how the project will generally be constructed, and traffic will be maintained during construction. The construction staging plan will take into consideration all elements of construction including roadway, storm sewer, water main, and sanitary sewer improvements, as well as property Page 6 of 15 Rev.03/31/2021 Page 401 of 443 access and private utility relocations. With review and acceptance by the City,the concepts developed in preliminary plans will serve as the basis for preparing the final traffic control plan during the final design phase. 9. Identify Acquisition Requirements The Consultant will identify permanent right-of-way and permanent/temporary easement needs based on the preliminary design development. The requirements will take into consideration proposed utilities, construction staging and access, utility relocations, and other critical construction elements. 10. Landscaping Develop landscaping concept plan and estimate of costs. Concepts will include two options: Current Level (similar to University Avenue/ Fletcher Avenue and Shaulis Road / Hess Road projects), and New Design Option. Consultant will coordinate with client to select preferred concept.A contract amendment will be developed to design the preferred concept and incorporate it into the final project design. 11. Preliminary Plan Preparation Upon completion of the preliminary plans,the design plans will be approximately 60 percent complete. The preliminary plans will include but not be limited to the following tasks: • Preliminary Title Sheets (A Sheets) This task consists of assembling the preliminary title sheets.The preliminary title sheets will include the following: Index of Sheets, Legend, Location Map, and Project Number. • Preliminary Typical Cross Sections and Details (B Sheets) This task consists of refining the Typical Cross Sections to be used for the proposed improvements as well as making a preliminary determination of the limits that each Typical Section will apply. The Typical Cross Sections will include but not be limited to typical sections for the proposed grading,drainage, and paving improvements. • Preliminary Quantities and General Information (C Sheets) This task consists of a preliminary determination of the bid items to be included in the project, along with an estimate of quantities for each item. • Preliminary Plan and Profile Sheets (D and E Sheets) This task consists of the development of preliminary plan and profile sheets that will show the existing topography along with the proposed improvements based on the proposed horizontal and vertical alignments. Proposed right-of-way and construction easement limits based on the catch point lines will be shown. Included will be the necessary CADD work to show the preliminary design features for the proposed improvements.Adjustments to water main and sanitary sewer will be included on these sheets. • Preliminary Survey Sheets (G Sheets) This task consists of assembling reference ties to the plan control points and the benchmark data used to develop the plans and to be preserved throughout construction of the project. • Preliminary Right-of-Way Sheets (H Sheets) This item consists of the preliminary plan for right-of-way and easements needed for the construction of the project. This task also includes preserving any Government Corners that are found in the vicinity of the proposed construction. • Preliminary Temporary Traffic Control and Staging Sheets (J Sheets) Develop suitable plan for construction scheduling and staging of the Project and for temporary traffic control measures to be implemented during construction.The staging plan will include provisions for maintaining access to adjacent properties during Page 7 of 15 Rev.03/31/2021 Page 402 of 443 construction. The plan sheets will include construction staging sections and high-level plan exhibits. Plan exhibits will include temporary pavement markings and signing plans for each major stage of construction. • Preliminary Roundabout Plan and Profile Sheets (K Sheets) Develop geometric layouts and provide horizontal alignment and vertical profile information for the roundabout intersections. The roundabout intersections include: ■ Katoski Drive and Huntington Road ■ Katoski Drive and proposed school entrance ■ Katoski Drive and Downing Avenue ■ Katoski Drive and Greenhill Road • Preliminary Geometric,Staking, and Jointing Sheets (L Sheets) Develop and refine geometric layouts and provide additional horizontal and vertical survey information needed to construct the intersections.Jointing layout to be included in final design task. • Conceptual Landscaping Plans (LS Sheets) This task includes the conceptual plans for two landscape designs including a design similar to existing projects within the City and a new design concept. The preferred concept selected will be incorporated into the final design plans under a separate contract amendment. • Preliminary Storm Sewer Sheets (M Sheets) Develop preliminary plan and profile sheets for storm sewer information. • Preliminary Traffic Signal Removal Plans and Traffic Control Device Layout (N Sheets) This task includes the removal information for the traffic signal equipment at Katoski Drive and Downing Avenue as well as at Katoski Drive and Greenhill Road. It also includes the development of preliminary plans for the Rectangular Rapid Flashing Beacons (RRFBs)to be installed at the following locations: ■ West approach of Katoski Drive and Greenhill Road ■ North approach of Katoski Drive and Downing Avenue ■ South approach of Katoski Drive and Downing Avenue ■ West approach of Katoski Drive and the proposed school entrance • Preliminary Lighting Layout Sheets (P Sheets) This task consists of the development of preliminary lighting layout plan sheets showing photometric analysis. • Preliminary Permanent Pavement Marking and Signing Sheets (PM Sheets) Develop preliminary permanent pavement marking and traffic signing plans to be placed into service following construction. • Preliminary Sidewalk Sheets (S Sheets) Develop preliminary curb ramp layout in accordance with Chapter 12 of Iowa SUDAS Design Manual. Design ramp geometric configuration alternatives, identify surface requirement, review general horizontal curb openings, and identify sidewalk width and passing spaces within the corridor. Confirm curb ramp designs are compatible with drainage. • Preliminary Roadway Culvert Plans (V Sheets) Prepare 1"=20'scale Type,Size,and Location (TS&L)plans for proposed major drainage structures. This task includes a Situation Plan and a General Elevation consisting of a cross/longitudinal section along the culvert centerline. Roadway curve and profile data, hydraulic data, and traffic data will be shown. Two (2) box culverts are required for this project at the following locations: Page 8 of 15 Rev.03/31/2021 Page 403 of 443 ■ Huntington Road between Edgewood Drive and Ingersoll Road ■ Huntington Road just east of Katoski Drive • Preliminary Cross Sections (W and X Sheets) This task consists of the design and drafting associated with the assembly of detailed cross sections (25' increments and at critical locations) to illustrate typical conditions, drainage designs, and non-typical conditions as needed for guidance during design, review, and quantity estimating purposes. 12. Preliminary Field Review A field review will be held with the Project Development Team to discuss key issues and design concepts, including drainage, access control,traffic control/stage construction, and right-of-way. The review will determine the completion of the plan design, identify needed adjustments to minimize potential property impact,and confirm the proposed staging plans. Revisions will be noted for preparation of the final design. Completion of the field review will allow preparation for Final Plans. 13. Budget Review The Consultant will prepare a preliminary opinion of probable construction cost and compare the cost to the City's current Project budget.The Consultant will,if necessary,make recommendations pertaining to modifications to the Project to address budgetary concerns. Preliminary cost estimates will be based on representative major project elements and recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. 14. Quality Control Involve ongoing quality control input from the project team and the design engineer's senior technical staff throughout the development of preliminary plans. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the preliminary plan set to the project team. Review the preliminary engineering plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. E. Pre-Final (Check) Design and Plan Preparation (90%Complete) Based upon approved preliminary design, field review, and project information meeting, the Consultant shall subsequently proceed with final design, contract drawings, specifications, and opinion of probable construction cost for the award of a single Contract for the construction of the proposed improvements. Comments received from the Preliminary Design Phase plans will be implemented in the Final Design Phase plans.The work tasks to be performed include the following: 1. Check Plan Preparation The Consultant shall provide the City with the following deliverables: • Final Title Sheets (A Sheets) Finalize title sheet. The title sheet will include the following: Index of Sheets, Legend, Location Map, and Project Number. • Final Typical Cross Sections and Details (B Sheets) This task consists of final design and drafting of typical cross sections and standard details to be utilized for the improvements. • Final Quantities and General Information (C Sheets) This task consists of final bid items to be included in the Project,as well as final quantity tabulations, and the development of the general notes and estimate reference information. Page 9 of 15 Rev.03/31/2021 Page 404 of 443 • Final Plan and Profile Sheets (D and E Sheets) This task consists of the final design and drafting of roadway plan and profile sheets (mainline and side roads), including the detail information required for plan approvals, permitting, and construction of the proposed improvements. This task also consists of the final design and drafting for the installation of new utilities and utility adjustments that can be determined from coordination with the utility companies at the time of design.Adjustments to water main and sanitary sewer will be included on these sheets. • Final Survey Sheets (G Sheets) Finalize the plan control points and the benchmark data used to develop the plans and to be preserved throughout construction of the project.This item includes reference ties, benchmarks,and horizontal control tabulations for all alignments. • Final Right-of-Way Sheets (H Sheets) Finalize right-of-way sheets showing the existing right-of-way, proposed right-of-way, permanent easement, and temporary easement information in relation to the proposed centerline, control points, and property ownership. This item includes tabulations of all found monuments within the Project limits in compliance with the requirements of Iowa Code Section 355 and the Iowa Administrative Code Section 193C. • Final Temporary Traffic Control and Staging Sheets (J Sheets) This task consists of final design and drafting of the temporary traffic control and staging plans. • Final Roundabout Plan and Profile Sheets (K Sheets) This task consists of final design and drafting of alignments, profiles, and geometric layouts for the roundabout intersections. • Final Geometric,Staking, and Jointing Sheets (L Sheets) This task consists of the final design and drafting of jointing details,spot elevations,and geometric layouts for all non-typical pavement areas. This item also includes edge profiles for major side road returns. • Final Landscaping Plans (LS Sheets) This task includes the final plan development of the preferred landscape design concept, which will be incorporated under a separate contract amendment after the preferred concept is selected under the preliminary design phase. • Final Storm Sewer Sheets (M Sheets) This task consists of final design and drafting of storm sewers, storm sewer inlets, manholes,open ditches,pipe culverts,and other storm drainage related facilities for the Project. This task also includes a final Drainage Report to document the analysis of the overall system's performances after modifications.The report shall include: a) Executive Summary b) Project Purpose and Background/History c) Discussion of Existing Conditions d) Exhibit of Current Deficiencies e) Recommendations for Future Improvements • Final Traffic Signal Removal Plans and Traffic Control Device Layout (N Sheets) This task includes the removal information for the traffic signal equipment at Katoski Drive and Downing Avenue as well as at Katoski Drive and Greenhill Road. It also includes the final design and drafting of plans for the Rectangular Rapid Flashing Beacons (RRFBs)to be installed at the following locations: Page 10 of 15 Rev.03/31/2021 Page 405 of 443 • West approach of Katoski Drive and Greenhill Road ■ North approach of Katoski Drive and Downing Avenue ■ South approach of Katoski Drive and Downing Avenue • West approach of Katoski Drive and the proposed school entrance • Final Lighting Layout Sheets (P Sheets) Show final photometric plan and locations of poles on project plan drawings. Circuit design, utility service location, equipment location, and bill of materials to be provided by utility company is not included as part of this scope of services.These sheets will be provided for information only. • Final Permanent Pavement Marking and Signing Sheets (PM Sheets) This task consists of final design and drafting of the permanent pavement markings and traffic signing plans. • Final Removal Plans (R Sheets) This task consists of final design and drafting of removal plan sheets. • Final Erosion Control and Surface Restoration (RC & RR Sheets) This task includes the final design and drafting of erosion control measures and surface restoration to be provided on the Project. • Final Sidewalk Sheets (S Sheets) Develop final curb ramp layout in accordance with Chapter 12 of Iowa SUDAS Design Manual. Finalize ramp geometric configurations, transitions between sidewalks and driveways, calculate horizontal curb openings, cross slopes, running slope, and label sidewalk width and passing space within the corridor. Confirm curb ramp designs are compatible with drainage. • Final Earthwork Quantities (T Sheets) This task consists of final design and drafting of the soils information and earthwork quantities. For estimating purposes,it is assumed that the earthwork will include staged quantities consistent with the traffic control plan. • Final Special Construction Details (U Sheets) This task consists of the final design and drafting of special project details not covered in other items. Included are such items as special grading details, culvert details not included in the standard drawings,special storm sewer or manhole details not included in the standard drawings, special paving details, and other required miscellaneous details found to be required for completion of the project. • Final Roadway Culvert Plans (V Sheets) This task consists of final design and drafting of the plans and details for two (2) box culverts. It is anticipated that an Iowa DOT standard box culvert barrel (either Cast-in- Place or Precast) will be used for both culverts, an Iowa DOT standard straight end section will be used for the culvert on Huntington Road just east of Katoski Drive, and a custom designed retaining wall type headwall will be used for the culvert on Huntington Road between Edgewood Drive and Ingersoll Road to reduce ROW needs. This task includes the structural design and detailing of the custom headwall. • Final Cross Sections (W and X Sheets) This task consists of the final design and drafting of individual cross-sections for the project. Cross sections will be designed and drawn at 25-foot maximum intervals, with additional cross-sections included, as necessary. Cross sections will show the existing ground elevations as well as the final project grading,including foreslope and backslope information, special sub-grade treatments, ditches, pavement replacement, and other pertinent information. Page 11 of 15 Rev.03/31/2021 Page 406 of 443 2. Special Provision Development The Consultant will prepare special provision specifications for the project and submit with 90% Plans. 3. Quality Control Involve ongoing quality control input from the Project Team and the Consultant's senior technical staff throughout the development of Check Plans. The Consultant is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the Check Plan set to the Project Team. Review the Check Plan set for technical accuracy,as well as for general constructability and conformance with the project design criteria. 4. Budget Review The Consultant shall prepare an Opinion of Probable Construction Cost for the project at the time of completion of the check plans and specifications. The Opinion of Probable Construction Cost is intended for use by the City in financing the Project. 5. Submit Check Plans to the City The Consultant will prepare a cover letter for the submittal. The cover letter details any significant changes to the design since the last submittal, comments that were addressed, progress of the project,and outstanding issues. F. Final Plan Preparation (100% Complete) The Consultant will coordinate and manage the final project development submittals to the City for the project. The work tasks to be performed or coordinated by the Consultant will include the following: 1. Incorporate City Comments from Check Plan Submittal The Consultant will respond to comments resulting from the Check Plan review. Recommended modifications will be incorporated into the plan set. 2. Final Plan Submittal The Consultant will incorporate the City of Cedar Falls plans and specifications into the bid package. City of Cedar Falls plans and specifications will remain separate documents but will be tied to the City of Waterloo Huntington Road and Katoski Drive Reconstruction Plans for bidding purposes. Bid items and quantities will be incorporated appropriately into the bid documents. The Consultant will submit Final Plans. 3. Opinion of Probable Construction Cost The Consultant shall prepare a Final Opinion of Probable Construction Cost for the project at the time of completion of the final plans and specifications. G. Project Bidding The work tasks to be performed or coordinated by the Consultant will include the following: 1. Plan Posting The Consultant will post the plans and bid documents for bidder review using QuestCDN. 2. Plan Clarification and Addenda The Consultant shall be available to answer questions from bidders prior to the letting and shall aid in the issuance of the addenda as appropriate to interpret, clarify, or append the bidding documents. H. Construction Services The scope of services and estimated effort assumes that construction of this project will be two full construction seasons, 2026 and 2027. The Consultant shall provide the following Construction Period Services: Page 12 of 15 Rev.03/31/2021 Page 407 of 443 1. Pre-construction Meeting The Consultant shall participate in the pre-construction meeting after award of the construction contract for the Contractor, subcontractors, utility companies, and other interested parties. For budgetary purposes,it is assumed two(2)members of the Consultant team will attend the pre-construction meeting for the project. 2. Shop Drawing Submittal Review The Consultant shall review shop drawings,samples,and other data which the Contractor is required to submit, but only for conformance with design concept of the Project and conformance with the information given in the contract documents. The Consultant shall evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. 3. Plan Interpretation and Clarification The Consultant shall assist with plan interpretation and clarification, as necessary. It is assumed eight (8) site visits may be needed during construction, attended by one (1) member of the Consultant team. 4. Monument Preservation After completion of construction, the Consultant shall perform field survey as required to verify which monuments found during the original survey and identified on the H sheets were disturbed or removed during construction. All disturbed or missing monuments shall be reset at their original location and a Monument Preservation Certificate in accordance with Iowa Code Section 355.6A shall be prepared and filed with the Black Hawk County Recorder. II. PROJECT DELIVERABLES The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City: A. Property Impact Display B. Drainage Report C. Preliminary Plans and Preliminary Opinion of Probable Construction Costs D. Acquisition Plats and Legal Descriptions E. Check Plans F. Final Plans G. Five (5) printed copies of the final plans,comb bound H. Electronic copy in pdf format of the original electronic signed final drawings (half-size 11"x17")that includes special provisions and engineer's final opinion of probable cost for the roadway project III. ADDITIONAL SERVICES NOT INCLUDED IN THIS CONTRACT Additional Services not included as part of this Scope. If authorized, under a supplemental agreement,the Consultant shall furnish or obtain from others the following services: A. Real Estate Acquisition Services B. Eminent Domain proceedings C. Phase I or Phase II Archaeological Investigations D. Wetland Mitigation and Permitting Services E. Threatened and Endangered Species presence/absence surveys, such as mist netting, acoustic surveys,emergence surveys,or botanical surveys F. Structural/Retaining Wall Design (other than culvert headwall retaining wall) G. Special Geotechnical Considerations H. Subsurface Utility Investigations I. Construction Period Services (administration,observation,testing, and staking) Page 13 of 15 Rev.03/31/2021 Page 408 of 443 IV. CITY'S RESPONSIBILITIES: The City shall provide the following: A. Provide existing utility plans and studies. B. Provide existing street and utility plans/record drawings and utility maps for the project area. C. Provide televising of storm sewer or sanitary sewer if needed. D. Provide existing topographic base mapping, aerial photo images, and other available electronic files pertinent to the Project. Page 14 of 15 Rev.03/31/2021 Page 409 of 443 Exhibit B Schedule The Consultant shall complete the following phases of the Project in accordance with the schedule shown; assuming notice to proceed is issued by the City on or before July 21,2025. If notice to proceed is given at a later date,time of completion shall be extended accordingly. Anticipated Contract Amendment Approval July 21,2025 Preliminary Design (60%) July 2025 - September 2025 Check Plans (90%) October 2025 - November 2025 Final Design Submittal January 9, 2025 Page 15 of 15 Rev.03/31/2021 Page 410 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Steven Kjergaard, Director of Aviation July 21, 2025 Airport Department AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Bolton & Menk of Oakdale, Minnesota, in the amount of$9,500.00, in conjunction with the Rental Car Quick Turnaround Facility Concept Development Project, and authorizing the Director of Aviation 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 Professional Fees will be paid out of the Rental Car Customer Facility Charge (CFC) account. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 2025-04-27 ALO QTA Proposal Page 411 of 443 Page 412 of 443 BOLTON 3507 High Point Drive North Bldg. 1 Suite E130 & M E N K Oakdale, MN 55128 Real People. Real Solutions. Phone: (651) 704-9970Bolton-Menk.com April 27, 2025 Mr. Steven Kjergaard Director of Aviation Waterloo Regional Airport 2790 Livingston Ln Waterloo, IA 50703 RE: Waterloo Regional Airport(ALO) Rental Car Quick Turnaround Facility Proposal for Professional Services Dear Mr. Kjergaard, Bolton & Menk, Inc. (BMI) is pleased to submit our proposal for Professional Services for the Rental Car Quick Turnaround (QTA) Facility Concept development project at Waterloo Regional Airport (ALO). We understand that you would like exhibits depicting a rental car QTA facility concept that can be used to attract rental car tenants to ALO.The selected site is vacant and located at the intersection of Livingston Lane and Betsworth Drive.The facility should provide two automobile fueling positions,three car wash bays, administrative space for three or four offices, and associated vehicle staging/parking.The concept will also incorporate landscaping to maintain aesthetically pleasing sight lines from Livingston Lane and Betsworth Drive. BMI will develop a conceptual layout and two (2) street level renderings to visually represent what the facility would look like. SCOPE OF SERVICES: TASK 1: 1.1 Project Meetings BMI will conduct two (2) meetings with the Airport and BMI staff. It is anticipated that all meetings will be conducted virtually and cover the following topics: • Review of preliminary site layout. • Review of street level renderings and final layout development. 1.2 Rental Car Quick Turnaround Facility Conceptual Site Plan BMI will develop one rental car QTA concept site plan. 1.3 Street Level Renderings \\Mankato5\h\WATERLOO_CI_IA\$_City of Waterloo\Airport\ALO_Proposal.docx Bolton&Menk is an squat opportunity employer. Name: Rental Car Quick Turnaround Facility Date:April 27,2025 Page 2 of 3 BMI will prepare two (2) aesthetically pleasing street level renderings based on the conceptual site plan developed.The purpose of the street level renderings will be to provide a visualization of the proposed site development for use in marketing and promotional purposes. ASSUMPTIONS AND EXCLUSIONS: We made the following assumptions in estimating the effort needed for overall task performance: • The Airport identified the preferred location; evaluation of alternate sites is not included. • Site investigation, inventory of existing car rental facilities, demand/capacity analysis, alternatives analysis, cost estimating or other services beyond those described in the scope of services are not included but can be provided for additional fee. • One alternative will be prepared. • The deliverable consists of three exhibits (one site plan and two street level renderings) provided in PDF format. • Meetings will be virtual (MS Teams). CONSIDERATION: The services described above in this proposal shall be completed on a LUMP SUM basis for$9,500.This work will be completed in accordance with the attached 2025 Schedule of Fees and the Terms of Proposal. Bolton & Menk, Inc. puts a high priority on ensuring that our company's efforts are consistent with our clients' needs. Please review this document,the fee schedule and the attached terms and conditions. If you find this proposal acceptable, please return a signed and dated copy of our proposal. Sincerely, BOLTON & MENK, INC. EI iott Lindgren Aviation Group Leader Attachments: 2025 Schedule of Fees Terms of Proposal \\Mankato5\h\WATERLOO_CI_IA\$_City of Waterloo\Airport\ALO_Proposal.docx Bolton&Menk is an equal opportunity employer. Name: Rental Car Quick Turnaround Facility Date:April 27,2025 Page 3 of 3 ************************************************************************************* Authorization and acceptance of this letter proposal. Waterloo Regional Airport, Waterloo, Iowa By: Mr. Steve Kjergaard Date Director of Aviation \\Mankato5\h\WATERLOO_CI_IA\$_City of Waterloo\Airport\ALO_Proposal.docx Bolton&Menk is an equal opportunity employer. 2025 SCHEDULE OF FEES The following fee schedule is based upon 0 25 HourLy competent, responsible professional services Employee CLassification and is the minimum, below which adequate professional standards cannot be maintained. Graduate Engineer $125-185 It is, therefore,to the advantage of both Design Engineer $125-196 the professional and the client that fees be commensurate with the service rendered. Project Engineer $145 215 Charges are based on hours spent at hourly Senior Project Engineer $160-215 rates in effect for the individuals performing Project Manager $135-240 the work.The hourly rates for principals and members of the staff vary according to skill Senior Project Manager $188-273 and experience.The current specific billing Architect $186-267 rate for any individual can be provided upon Planner $125-168 request. Senior Planner $170-228 The fee schedule shall apply for the period Landscape Designer $98-196 through December 31, 2025.These rates may be adjusted annually thereafter to account Landscape Architect $148 176 for changed labor costs, inflation, or changed Senior Landscape Architect $160-268 overhead conditions. Survey Technician' $90-196 These rates include labor, general business, Graduate Surveyor $122-190 and other normal and customary expenses Licensed Project Surveyor $180-225 associated with operating a professional Technician $75-182 business. For projects with typical expenses and unless otherwise agreed,the above Senior Technician $125-212 rates include vehicle and personal expenses, Administrative/Corporate Specialists $68-175 mileage, telephone, survey stakes, and Specialist* $100-230 routine expendable supplies; no separate charges will be made for these activities Practice Expert** $145-363 and materials. Expenses beyond typical Principal** $175-316 project expenses, non-routine expenses, Senior Principal** $218-333 and expenses beyond the agreed scope of services, such as out of town travelGPS/Robotic" ' ' expenses, long travel distances, large CAD/Computer UsageCAD/Comp NO CHARGE quantities of prints, extra report copies, Routine Office Supplies NO CHARGE outsourced graphics and photographic reproductions, document recording fees, CHARGE outside professional and technical assistance, CHARGE and other items of this general nature will be invoiced separately. Rates and charges do not Mileage NO CHARGE include sales tax, if applicable. ' No separate charges will be made for GPS or robotic total stations on Bolton&Menk,Inc. survey assignments;the cost of this equipment is included in the rates for survey technicians. *Specialized role not classified above otherwise. **Highly specialized and industry expertise unique to the market or area of discipline. Submitted by Bolton& Menk, Inc. Page 416 of 443 Terms of Proposal — Limited Scope General Project IA Bolton & Menk, Inc. The accompanying Proposal (hereinafter referred to as "Proposal") is subject to the following terms and con- ditions. These Terms of Proposal (hereinafter referred to as "Terms") are an integral part of the accompany- ing Proposal as if stated directly therein. No change or deviation from these Terms will be binding without the written approval of Bolton & Menk, Inc. (BMI). Such changes may require an adjustment in the proposed fee, schedule,or scope of Proposal. A. Services: BMI proposes to perform the services out- F. Utilities: Unless otherwise explicitly stated in the pro- lined in the Proposal for the stated fee arrangement. posal, if utility surveys are included in scope of services, Changes required by the Client or other controlling entities utilities will be located from available utility records, utility (regulatory agencies, contractors, courts, etc.) from the company locates and surface evidence of underground im- scope or schedule of services described in the Proposal are provements. Some subsurface improvements may not be "Additional Services" and will be invoiced on an hourly ba- disclosed by such methods and Client assumes responsibil- sis in addition to the stated fee arrangement. ity for exploratory excavations and other work to assure utility locations. BMI assumes no liability for matters aris- B. Information from Client: Unless otherwise stated,Cli- ing from subsurface utilities that vary from locations de- ent agrees to provide BMI with all site information Hetes- pitted on previous plans or locates provided by Client or sary to complete the proposed services. This information utility companies. should include current site property descriptions (from ab stract,title opinion or title commitment);other legal docu- G. Project Approval: Due to site limitations, code inter- ments affecting the site; copies of previous surveys, maps, pretation, regulatory reviews, political considerations and utility locates,engineering studies and plans;existing or re- Client directed design and improvements; BMI makes no quired soils and geotechnical reports;governmental, regu- representations as to acceptability or approvability of the latory and utility reviews and determinations;and all other project, or, zoning requests, permit applications, site and pertinent information. BMI may rely on accuracy of Client development plans, plats and similar documents. Client's provided information. Client shall promptly inform BMI of obligation for payment of fees owed BMI is not contingent any alleged defects in the services. upon project approval. C. Access to Site: Unless otherwise stated, Client agrees H. Opinions or Estimates of Project Costs: Where in- to provide BMI with access to the site, including adjoining cluded as part of project scope or otherwise, opinions or properties, for activities necessary for the performance of estimates of project cost will generally be based upon pub- services. It is understood that in the normal course of lic construction cost information. Since BMI has no control work, unavoidable property damage may occur due to ex- over the cost of labor, materials, competitive bidding pro- cavations,tree and brush trimming,marking lines,etc. BMI cess, weather conditions and other factors affecting the will take reasonable precautions to minimize damage due cost of construction,all cost estimates are opinions for gen- to its activities. The cost to correct resulting damage has eral information of the Client and BMI does not warrant or not been included in the fee and the Client agrees to reim- guarantee the accuracy of construction cost opinions or es- burse BMI for any costs associated with required restora- timates. Project financing should be based upon actual, tion work. contracted construction costs with appropriate contingen- cies. D. Standard of Care: Professional services provided un- der this Agreement will be conducted in a manner con- I. Construction Phase Services: Client is notified that sistent with that level of care and skill ordinarily exercised BMI shall not be responsible for means, methods, tech- by members of BMI's profession currently practicing under niques,sequences, or procedures of construction selected similar conditions. BMI makes no warranties, expressed by any contractor employed on the project nor for the or implied,or otherwise with respect to any services per- safety precautions or programs incident to the work of any formed or furnished. contractor E. Certifications: Any certification provided by BMI is a J. Ownership and Alteration of Documents: All docu- professional opinion based upon knowledge, information, ments,including reports,drawings,field data,notes,plans, and beliefs available to BMI at the time of certification. specifications and documents or electronic media pre- Such certifications are not intended as and shall not be con- pared or furnished by BMI under this agreement remain strued as a guarantee or warranty. BMI shall not be re- the property of BMI. Upon payment of all amounts owed, quired to certify the existence of conditions whose exist- the Client is granted a limited license to BMI's submittals ence BMI cannot reasonably ascertain. for Client's reasonable use and to make and retain copies for such use. However, BMI's submittals are not intended Terms of Proposal—Limited General Scope IA Page 1 of 2 April 25,2025 Page 417 of 443 for reuse by the Client or third parties on other projects or surveying and engineering services unless BMI is reim- alteration by others without the written consent of BMI. bursed for additional premium expenses. Electronic media may be furnished for convenience of Cli- ent; however, only signed and certified paper copies of P. Dispute Resolution: Any claims or disputes made dur- submittals maybe relied upon as documentation of profes- ing or after the performance of services between BMI and sional services provided. the Client,with the exception of claims by BMI for non-pay- ment of services rendered, shall first be submitted to me- K. Billings and Payments: Invoices for BMI's services diation for resolution prior to initiating any other legal pro- shall be submitted, at BMI's option, either upon comple- ceedings. tion of such services or on a monthly basis. Unless credit to Client is approved, payment is due upon receipt of ser- Q. Agreement: If the Proposal is accepted,the Client and vices and deliverables. If, at sole discretion of BMI, credit BMI will enter into an Agreement incorporating the accom- is advanced to Client, invoices shall be due and payable panying Proposal, these Terms and such additional terms within 30 days after the invoice date. If the invoice is not and conditions as may be mutually acceptable to BMI and paid within 30 days,BMI may,without waiving any claim or Client. In the absence of a separate, executed written right against the Client,and without liability whatsoever to agreement, the accompanying Proposal and these Terms the Client,terminate the performance of its services. BMI of Proposal shall constitute the whole and complete agree- reserves the right to withhold any deliverables until all un— paid fees are paid in full. Amount of retainer(if applicable) R. Termination of Services: The Agreement created un- will be applied to amount owed on final invoice. der Paragraph Q may be terminated by the Client or BMI L. Late Payments: Accounts unpaid 30 days after the in- should the other fail to perform its obligations hereunder; voice date will be subject to a monthly service charge of or, by BMI if the presence of an unknown or undisclosed 1.5%on the unpaid balance. If any portion or all of an ac- federally, state or locally regulated hazardous material is count remains unpaid 60 days after billing,the Client shall encountered. In the event of termination, the Client shall pay all costs of collection, including reasonable attorney pay BMI for all services rendered to the date of termina- fees. tion,all reimbursable expenses,and reimbursable termina- tion expenses. M. Waiver:To the fullest extent permitted by law, Client and BMI waive against each other,and the other's employ- S. Withdrawal of Proposal: This Proposal constitutes a ees, partners, officers, agents, insurers, and subcontrac- non-binding offer to perform services and BMI reserves the tors, claims for or entitlement to special, incidental, indi- right to withdraw or modify this proposal, without liability rect, or consequential damages arising out of, resulting to the Client, at any time prior to receipt of written ac- from,oranyway related to this Agreement,from any cause ceptance from the Client and execution of a signed agree- or causes. Client waives claims against BMI individual em— ployees and agrees any claim, demand or suit shall be as- T. LIEN RIGHTS: Pursuant to the representations by the serted only against the BMI corporate entity. CLIENT and to the extent permitted by Iowa Law for the N. LIMITATION OF LIABILITY: In recognition of the rela- improvements to be made to the project property, BMI tive risks,rewards,and benefits of the project to both the reserves the right to file a lien against the project property Client and BMI, the risks have been allocated such that in the event of delinquent or non-payment of monies the Client agrees that BMI's total liability to the Client for owed to BMI by the CLIENT. any and all injuries, claims, losses,expenses, damages or claimed expenses arising out of the performance of this agreement from any cause or causes,shall not exceed to- tal compensation paid to BMI. Such claims include, but are not limited to, BMI's negligence, errors, omissions, strict liability,breach of contract,or breach of warranty. O. Certificates of Insurance: BMI will maintain, at its ex- pense, statutory worker's compensation insurance cover- age,automobile liability insurance,commercial general lia- bility insurance and professional liability coverage for claims arising from bodily injury,death or property damage which may arise from the negligent performance by BMI or its employees. BMI will, upon request,furnish Certificates of Insurance documenting terms of coverages. BMI will not be required to extend coverages beyond those which are usual and customary for similar firms practicing similar Terms of Proposal—Limited General Scope IA Page 2 of 2 April 25,2025 Page 418 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Randy Bennett, Public Works Division Manager July 21, 2025 Public Works Department AGENDA ITEM TITLE Resolution approving an Agreement with Routeware, Inc., of Portland, Oregon, in the monthly amount of $2,725.38 for 36 months, in conjunction with the ReCollect Software Program, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Requesting approval of 36-month contract. SUMMARY STATEMENT AND BACKGROUND INFORMATION ReCollect is the app used by residents to schedule bulk item pickups, receive garbage date reminders, and receive notifications related to issues with garbage/recycling pick-ups (ie. landfill closures). ReCollect also has a section titled 'Waste Wizard' which provides disposal information for items not picked up by city services. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating Budget ALTERNATIVE ACTION LEGAL DESCRIPTION Page 419 of 443 ATTACHMENTS 1. q-1 2317-20250627-0915_city_ofwaterloo_ia_renewal-recollect Page 420 of 443 Fyy. A� I !1� C I 3 �tJ Q-12317 .,, City of Waterloo , IA ' r Routewar Routeware QUOTE NUMBER Q-12317 Routeware, Inc. Order Q-12317 16525 SW 72nd Ave. Good Through: Jul 312025 Portland, OR 97224 Payment Terms: Net 30 Term 36 MONTH Ship To Bill To Scott Brunson City of Waterloo, IA City of Waterloo, IA 625 Glenwood St. 625 Glenwood St. Waterloo, Iowa 50703 Waterloo, Iowa 50703 United States United States scott.brunson@waterloo-ia.org Salesperson Phone Email Andrew Goffe andrew.goffe@routeware.com Statement of Confidentiality & Non-Disclosure This document contains proprietary and confidential information. All information and data submitted to City of Waterloo, IA is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with Routeware, Inc. The recipient of this document agrees to inform present and future employees of City of Waterloo, IA who view or have access to its content of its confidential nature. The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent that such information is generally known to, and is available for use by, the public. The recipient also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without Routeware, Inc's express written consent. Routeware retains all title,ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation,files, marketing materials, and multi-media. BY ACCEPTANCE OF THIS DOCUMENT THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT. E: INFO@ROUTEWARE.COM P: (503) 906-8500 1 Q-12317 Page 422 of 443 C� Routeware QUOTE NUMBER Q - 12317 RECURRING SUBSCRIPTIONS PRODUCT UNIT QTY UNIT PRICE EXTENDED ReCollect Collection Calendar MONTH 1 $653.28 $653.28 ReCollect Waste Wizard MONTH 1 $224.54 $224.54 ReCollect Service Request MONTH 1 $1399.37 $1399.37 Mobile App MONTH 1 $448.19 $448.19 SUBSCRIPTIONS TOTAL (USD): $2,725.38 E: INFO@ROUTEWARE.COM P: (503) 906-8500 1 Q-12317 Page 423 of 443 Payment Terms- The Software Fee Effective Service Date for this Order will be 2025-06-01. Invoices for Recurring Subscriptions shall be issued annually in advance,with the initial invoice issued on the Effective Service Date and each subsequent invoice due on the corresponding date of each successive anniversary thereafter.The term of the Recurring Subscription(s)shall commence on the Effective Service Date. Annual Recurring Subscription Fee Increase shall not exceed four percent(4%)during the thirty-six(36)month Term. Terms&Conditions Information This Order and all products and services herein are subject to and limited to the terms and conditions located at https:// www.routeware.com/Clients.Any purchase orders issued in response to this Order,will be deemed acceptance of such terms. https://www.routeware.com/Client-terms-conditions/Password: RWClient1! Prices are exclusive of any federal, state, or local taxes.The customer is responsible for all federal, state, and local taxes. This system requires a specific server to operate Routeware software,which may need to be purchased separately. This system requires cellular connectivity for each vehicle which may need to be purchased separately. If route sequencing by Routeware is a requirement, additional professional services fees may apply. On-Board Computer software is sold as a perpetual license, allowing the license to be activated on replacement hardware. Any lapse in support voids perpetual license. Pricing does not include freight cost or travel expenses,which will be invoiced as they are incurred. Additional Terms- Customer is authorized to employ the aforementioned solution(s)for a maximum of one hundred thousand (100,000)residents or up to thirty-five thousand (35,000)service addresses,whichever is achieved first.Additional charges will be incurred if the solution(s)are used beyond either of these specified limits. Q-12317 Page 424 of 443 IN WITNESS WHEREOF, the Parties to the Order Form has caused it to be executed by their authorized officers as the day and year of the signatories below. City of Waterloo, IA Signature: Date: Name(Print): Title: Purchase Order Details: Purchase Order number: Issuance of Purchase Order("PO")in lieu of signature denotes acceptance of Order Form by Customer. Receipt of complete and accurate PO is required prior to Order execution. Routeware, Inc, and Affiliates Signature: Date: Name(Print): Title: Please sign and email to Andrew Goffe at andrew.goffe@routeware.com FOR INTERNAL USE ONLY Reviewed By: Q-12317 Page 425 of 443 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bridgett Wood, Finance Director July 21, 2025 Finance Department AGENDA ITEM TITLE Resolution approving the Audit Engagement Letter with BerganKDV for the fiscal year ending June 30, 2025, 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. ELGSA - BKDV A&A Engagement Letter-Governmental Single Audit Page 426 of 443 1 ® berga nKDV" AUDIT&ATTEST Engagement Agreement GOVERNMENTAL AUDIT WITH FEDERAL SINGLE AUDIT This letter is to confirm and summarize our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide. City Waterloo 715 Mulberry St Waterloo, IA 50703 City of Waterloo City Council July 14, 2025 Contact Email Bridgett.Wood@Watertoo-IA.org SUMMARY OF ENGAGEMENT TERMS Level - - Audit in accordance with Governmental Auditing Standards (Governmental Yellow Book) and Federal Single Audit Financial Statements Governmental activities, business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information ReportingFinancial • Accounting principles generally accepted in the United States of America Reporting Period As of and for the year ended June 30, 2025 Required Supplementary I • • Management's Discussion and Analysis (MDEtA), Schedules related to Other Post Employement Benefits, Schedules related to Pension plans. 1006760.800 City Waterloo 2025 AUDGV 1 of 11 Page 427 of 443 berganKDV' 'DIT&ATTEST Supplementary I • • Combining and Individual Fund Financial Opinion in relation to the financial statements as Statements, Supplemental Schedules and a whole Other Schedules I Introductory Section and Statistical Section of Introductory Section and Statistical Section of the the Annual Comprehensive Financial Report Annual Comprehensive Financial Report - No opinion or assurance Engagement Partner Nancy M. Schulzetenberg Our fees for services will be $ 82,550 for the audit of the City and related expenses and $ 3,000 to $ 5,000 per program for the single audit as applicable. Nonattest Services by BerganKDV Preparation of the ACFR as applicable Nonattest Services Performed by Creative Planning* None * Creative Planning, LLC and its affiliates (Creative Planning) and BerganKDV practice under an alternative practice structure in accordance with the AICPA Code of Professional Conduct and other applicable laws, regulations, and professional standards. BerganKDV is an independent, separately governed and licensed CPA firm that provides audit and attest services to its clients. Creative Planning provides wealth management, tax, business consulting, financial, and other professional services to its clients. Creative Planning is not a licensed CPA firm. See alternative practice structure below for additional details. AUDIT SCOPE AND OBJECTIVES We will audit the financial statements as identified in the summary of engagement terms, including the related notes to the financial statements, which collectively comprise the basic financial statements of the governmental entity. Accounting standards generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management's discussion and analysis (MDEtA), to supplement the governmental entity's basic financial statements. Such information, 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. As part of our engagement, we will apply certain limited procedures to the governmental entity's RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding 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 1006760.800 City Waterloo 2025 AUDGV 2 of 11 Page 428 of 443 C" berganKDY we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The RSI as identified in the summary of engagement terms is required by GAAP and will be subjected to certain limited procedures but will not be audited. We may also be engaged to report on supplementary information other than RSI, including the schedule of expenditures of federal awards, that accompanies the governmental entity's financial statements. If we opine on the supplementary information, accompanying the financial statements as identified in the summary of engagement terms, we will subject the supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole. If we do not provide an opinion or any assurance on the supplementary information other than RSI as identified in the summary of engagement terms, the other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements and our auditor's report will not provide an opinion or any assurance on that other information. We will read the other supplementary information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other supplementary information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. The objectives of our audit 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 issue an auditor's report that includes our opinions about whether your financial statements are fairly presented, in all material respects, in conformity with the financial reporting framework identified in the summary of engagement terms and report on the fairness of the supplementary information for which we opine on as identified in the summary of engagement terms when considered in relation to the financial statements as a whole. 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 GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on: Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). AUDITOR'S RESPONSIBILITIES FOR THE AUDIT OF THE FINANCIAL STATEMENTS AND SINGLE AUDIT 1006760.800 City Waterloo 2025 AUDGV 3 of 11 Page 429 of 443 C" berganKDV' We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements or noncompliance may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a single audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government's ability to continue as a going concern for a reasonable period of time. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We may also request written representations from your attorneys as part of the engagement. We will identify significant risks of material misstatement as part of our audit planning. Audit planning and plan modifications continue throughout the course of the audit, as such, identified risks will include those identified and communicated to you previously, including during the prior year, modified for additional significant risks identified and prior risks no longer considered significant. These significant risks and modifications will be communicated to you throughout the audit process. A complete summary of significant risks identified will be included in our communications letter, required communications to those charged with governance. Our audit of the financial statements does not relieve you of your responsibilities. 1006760.800 City Waterloo 2025 AUDGV 4 of 11 Page 430 of 443 C" berganKDY AUDIT PROCEDURES - INTERNAL CONTROL We will obtain an understanding of the government and its environment, including the system of internal control, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. 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, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance. AUDIT PROCEDURES - COMPLIANCE As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the governmental entity's compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the governmental entity's major programs. For federal programs that are included in the Compliance Supplement, our compliance and internal control procedures will relate to the compliance requirements that the Compliance Supplement identifies as being subject to audit. The purpose of these procedures will be to express an opinion on the governmental entity's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. RESPONSIBILITIES OF MANAGEMENT FOR THE FINANCIAL STATEMENTS AND SINGLE AUDIT 1006760.800 City Waterloo 2025 AUDGV 5 of 11 Page 431 of 443 C" berganKDV' Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with the financial reporting framework identified in the summary of engagement terms and for compliance with applicable laws and regulations (including federal statutes), rules, and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information. You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records and related information available to us; for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers); and for the evaluation of whether there are any conditions or events, considered in the aggregate, that raise substantial doubt about the government's ability to continue as a going concern for the 12 months after the financial statements date or shortly thereafter (for example, within an additional three months if currently known). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and related matters. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements, that we report. Additionally, as 1006760.800 City Waterloo 2025 AUDGV 6 of 11 Page 432 of 443 C" berganKDV' required by the Uniform Guidance, it is management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan. The summary schedule of prior audit findings should be available for our review during our fieldwork. You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19-related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon or make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4)you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards. You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with the financial reporting framework identified in the summary of engagement terms. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with the financial reporting framework identified in the summary of engagement terms; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with the financial reporting framework identified in the summary of engagement terms; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4)you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section of this agreement. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. 1006760.800 City Waterloo 2025 AUDGV 7 of 11 Page 433 of 443 C" berganKDV' OTHER MANAGEMENT RESPONSIBILITIES We understand that your employees will prepare all cash, accounts receivable, and other confirmations we request and will locate any documents selected by us for testing. During the course of our engagement, we may accumulate records containing data which should be reflected in your books and records. You will determine that all such data will be so reflected. Accordingly, you understand that our firm does not accept responsibility for hosting client information; therefore, you have the sole responsibility for ensuring you retain and maintain in your possession all your financial and non-financial information, data and records. Our role is strictly limited to the engagement described in this agreement and summary of engagement terms, and we offer no assurance as to the results or ultimate outcomes of this engagement or of any decisions that you may make based upon our communications with, or our reports to you. Your entity will be solely responsible for making all decisions concerning the contents of our communications and reports, for the adoption of any plans and for implementing any plans you may develop, including any that we may discuss with you. ALTERNATIVE PRACTICE STRUCTURE Creative Planning, LLC and its affiliates (Creative Planning) and BerganKDV operate under an alternative practice structure in accordance with the AICPA Code of Professional Conduct and other applicable laws, regulations, and professional standards. BerganKDV provides audit and attest services and is closely aligned with Creative Planning that provides other professional (nonattest) services. Pursuant to a services agreement with Creative Planning, BerganKDV leases professional and administrative staff, both of which are employed by Creative Planning, to support BerganKDV's performance of audit and attest engagements. The professional and administrative staff leased under the services agreement will be under the direct control and supervision of BerganKDV, which is solely responsible for the professional performance of audit and attest engagements. As identified in the summary of engagement terms, Creative Planning, which is not a licensed CPA firm, may provide permitted nonattest services, which are not covered under this agreement. BerganKDV, Creative Planning, and its affiliates will share confidential client information with each other to assist in the performance of those services. Your acceptance and signing of this agreement are also your consent for BerganKDV, Creative Planning, and its affiliates to share your information to provide you those services. OTHER SERVICES We will assist in preparing the financial statements, schedule of expenditures of federal awards, and related notes of the governmental entity in conformity with the financial reporting framework identified in the summary of engagement terms and the Uniform Guidance based on information provided by you. These nonattest services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. BerganKDV and/or Creative Planning may provide other nonattest services, as identified in the summary of engagement terms. These services may not be fully covered under this agreement and may be billed separately under other agreements with you. You may request that BerganKDV and Creative Planning perform additional services not contemplated by this agreement. If this occurs, we will communicate with you regarding the scope of the additional services and the estimated fee. BerganKDV or Creative Planning also may issue a separate agreement covering the additional services. In the absence of any other written 1006760.800 City Waterloo 2025 AUDGV 8 of 11 Page 434 of 443 C" berganKDV' communication from us documenting such additional services, our services will continue to be governed by the terms of this agreement. We will perform the services in accordance with applicable professional standards. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could potentially impair our independence. INDEPENDENCE Professional and certain regulatory standards require us to be independent in the performance of our services in both fact and appearance. As such, BerganKDV and Creative Planning will not perform any management functions, make any management decisions, or perform any services or activities, without the appropriate safeguards, that would impair our independence. You agree to assume all management responsibilities for the nonattest services, as identified in the summary of engagement terms, financial statements, schedule of expenditures of federal awards, and related notes, and any other nonattest services provided by BerganKDV and Creative Planning. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, the schedule of expenditures of federal awards, and related notes and that you have evaluated the adequacy of our services and have reviewed and approved the results of the services, the financial statements, the schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonattest services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. To ensure our independence is not impaired under professional and regulatory standards, you agree to inform the engagement partner before entering into any substantive employment discussions with any BerganKDV and Creative Planning personnel. REPORTING We will issue written reports upon completion of our Single Audit. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor's report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement. The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management's responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and 1006760.800 City Waterloo 2025 AUDGV 9 of 11 Page 435 of 443 C" berganKDY corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditors' reports or nine months after the end of the audit period. We will provide copies of our reports to the governmental entity; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The engagement partner, as identified in the summary of engagement terms, is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. FEES Our fees for these services are detailed in the summary of engagement terms. The fee estimate is based on anticipated cooperation from your personnel, the assumption that all requested information will be provided timely and accurately, and we will not encounter any significant or unusual circumstances which will affect the scope of our engagement, including unforeseen changes in operations or disruptions in providing our services. If significant additional time is necessary, our fees will be adjusted accordingly. Additional time incurred for assistance with implementation of new accounting or other regulatory standards, significant audit adjustments, internal control deficiencies or compliance findings, inaccurate accounting records, significant events or transactions resulting in expanded scope of work, unanticipated significant audit risks, staff turnover, or instances of fraud will be billed separately and will be based in part upon the amount of time required at our standard billing rates, plus out-of-pocket expenses. We commit staff and resources to your engagement at the time scheduled with you and your team. Failure to provide the required documentation and engagement support by the agreed upon due dates may result in an inconvenience fee of 25%of the base fee noted in the summary of engagement terms. AUDIT DOCUMENTATION The audit documentation for this engagement is the property of BerganKDV and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to oversight, regulatory, state agencies or their designees pursuant to authority given to them by law or regulation, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of BerganKDV personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the oversight, regulatory or state agencies. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the parties contesting the audit finding for guidance prior to destroying the audit documentation. MANAGEMENT WRITTEN REPRESENTATIONS During the course of our engagement, we will request information and explanations from management regarding the entity's operations, internal controls, future plans, specific transactions, 1006760.800 City Waterloo 2025 AUDGV 10 of 11 Page 436 of 443 C" berganKDY and accounting systems and procedures. At the conclusion of our engagement, we will require, as a precondition to the issuance of our report, that management provide certain representations in a written representation letter. The procedures we will perform in our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the written and oral representations that we receive from management. Accordingly, false representations could cause us to expend unnecessary efforts or could cause a material error or a fraud to go undetected by our procedures. In view of the foregoing, you agree that we shall not be responsible for any misstatements in the entity's financial statements that we may fail to detect as a result of false or misleading representations that are made to us by management. PEER REVIEW REPORT Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of contract. Our peer review report can be downloaded from our website at www.creativeplanning.com/client-login/ or will be provided in alternate formats upon request. PROFESSIONAL SERVICES TERMS AND CONDITIONS The parties agree that this Engagement Letter/Agreement incorporates the Professional Services Terms and Conditions (the "Terms") (collectively, the "Agreement"), all of which shall remain confidential between Client and BerganKDV. By signing this Engagement Letter/Agreement, Client acknowledges and agrees that Client has had an ample opportunity to review the terms contained in the Agreement. Client further agrees that Client has had the opportunity to obtain legal counsel and through Client's own determination, with or without counsel, accepts this Agreement. The undersigned represent and warrant they are authorized signers for their respective organizations. AcknowledgedExecuted by BerganKDV: and Accepted . Shareholder 1006760.800 City Waterloo 2025 AUDGV 11 of 11 Page 437 of 443 PROFESSIONAL SERVICES TERMS AND CONDITIONS These Professional Services Terms and Conditions (the "Professional Services Terms and Conditions" or 'T&C") are made part of the Engagement Letter (the "Engagement Letter") entered into by the individual or entity client identified therein (hereinafter "Client") and the BerganKDV identified therein (hereinafter "Service Provider") (collectively, the Professional Services Terms and Conditions and the Engagement Letter, the "Agreement"). In the event of a conflict between these Terms and Conditions and the Engagement Letter,these Terms and Conditions shall control,unless the Engagement Letter makes specific reference to the section of this Professional Services Agreement that it intends to supersede. All capitalized terms not defined herein shall have the meaning as defined in the Engagement Letter. 1. Definitions. In addition to the terms defined elsewhere in this Professional Services Agreement,the following terms shall have the meanings set forth below when used in the Agreement: "Affiliate" or "Affiliates" means any company, corporation, or limited liability company that directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. "Client Materials" means any and all physical or electronic materials, information, data, dates, formulas, financial statements,records,Client's Confidential Information,and any other information related to Client that Client provides to, or otherwise makes available to,Service Provider in the course of providing the Services to Client hereunder this Agreement. "Confidential Information" shall collectively refer to: (1) all information or materials concerning any aspect of the business or affairs of the disclosing party that in any form,which is confidential,proprietary,or otherwise not generally available to the public, including without limitation the disclosing Party's business or financial information and plans, documents, works in progress, work processes, trade secrets, customer information, and all other secret or confidential matter related to the disclosing Party's business or projects and/or their Affiliates; and (2) any other information that disclosing Party designates as confidential, or which, under the circumstances of disclosure, the receiving Party reasonably knows should be treated as confidential. "Force Majeure Event" means any event or circumstance beyond the control of a Party,including: (1)acts of God; (2) fire,flood,or explosion;(3)war,invasion,acts of terrorism,or other civil disorder;(4) national or regional emergency; (5) epidemics, outbreaks, pandemics (including, without limitation COVID-19); or (6) the operation of the Internet, interruption or failure of telecommunication or digital transmission links, and Internet slow-downs or failures. "Intellectual Property Rights" means copyrights, trade and service marks, trade names, rights in logos and get-up, inventions,confidential information,trade secrets, registered designs,design rights, patents, all rights of whatsoever nature in computer software and data,database rights,all rights of privacy and all intangible rights and privileges of a nature similar to any of the foregoing, in every case in any part of the world and whether or not registered, and including all granted registrations and all applications for registration in respect of any of the same. "Party"and "Parties" means either or both of the Service Provider and the Client. "Report" means any physical or electronic document or output that Service Provider creates in providing the Services to Client, including but not limited to, reports, related work product, materials, presentations, and related communications(written or otherwise). "Representatives" means a Party's officers,directors, agents,advisors,employees and contractors. "Services" means the work product and services to be provided by Service Provider pursuant to this Agreement and the Engagement Letter. "Service Provider Materials" means: (1) any of Service Provider including, without limitation, computer hardware or software programs, products, materials or methodologies and reports,studies,data,diagrams,charts,specifications, gateways, bridges and integrations with third-party code; (2) any modifications to Service Provider's pre-existing software produced on behalf of Client; (3) works or materials created and developed by Service Provider prior to or independently of the Services; and (4) residual knowledge and know-how of general applicability resulting from performance of the Services. "Third-Party Software Provider"means any third party that provides software,software as a service,or other platform or software related products and services that Service Provider engages to assist with the performance of the Services. 2. Services. 2.1. Services and Additional Services.The Services to be performed by Service Provider for Client are set forth in the Engagement Letter.If any time Client requests that Service Provider perform additional services outside the scope of the Services("Additional Services")and Service Provider agrees to perform the work but Service Provider and Client do not enter into a separate Engagement Letter setting forth the Additional Services,then Client agrees to pay Service 1006760.800 City Waterloo 2025 AUDGV 1 of 6 Page 438 of 443 PROFESSIONAL SERVICES TERMS AND CONDITIONS Provider additional fees based in part upon the amount of time required at our standard billing rates, plus out-of- pocket expenses, the Additional Services will be subject to the terms and conditions of this Professional Services Agreement, and all references to the term "Services" in this Professional Services Agreement shall be construed to mean the Services and the Additional Services.Service Provider, in its sole professional judgment, reserves the right to refuse to perform any Services or take any action that could be construed as assuming Client's responsibilities as set forth herein. 2.2. Third-Party Software Providers. Client acknowledges and agrees that such Services may be performed by Service Provider,or any of its Affiliates,or Third-Party Software Providers.Client acknowledges and agrees that Service Provider may enter into contracts or licenses with such Third-Party Software Provider and Service Provider shall have the right to enter into, amend, terminate, or modify any such contract or license with any Third-Party Software Provider at any time in its sole discretion and without the consent of or notification to Client. If applicable to Client's Services, Client may need to agree to Third-Party Software Providers' terms and conditions or other contractual agreements in order to use Third-Party Software Providers'services. 2.3. Quality Inputs. Notwithstanding anything herein to the contrary, Client agrees and acknowledges that the quality of the Services and any Reports is reliant on the accuracy, reliability, availability, and validity of the Client Materials provided by Client to Service Provider and Service Provider makes no representation or warranty with respect to issues with the Services that result from or are based on issues with accuracy, reliability, availability or validity of the Client Materials.Client hereby agrees that it will immediately notify Service Provider when it becomes aware of issues with the accuracy, reliability, availability, and validity of the Client Materials provided to Service Provider and Client assumes all risk, loss, and damages that arise therefrom, including, but not limited to any costs associated with redoing the Services and any Reports. 3. Payment for Services. 3.1. Service Fees and Payment Terms.Client agrees to pay the fees for the Services as set forth in the Engagement Letter and in these Professional Services Terms&Conditions.Any amounts owed by Client hereunder will be invoiced monthly and all payments shall be due upon Client's receipt of the applicable invoice, unless stated to the contrary in the Engagement Letter.Client may not offset, defer or deduct any invoiced amounts. If Client objects to any invoiced amount, Client must promptly notify Service Provider in writing (but in no event more than thirty (30) days of the invoice date) and provide a detailed summary of all objections. Client hereby waives any objections to any invoice if timely objections are not made. If Client objects to any invoice,Client shall promptly pay all undisputed amounts and work with Service Provider in good faith to attempt to resolve any disputes. 3.2. Prepayments.Service Provider shall have the right to require Client to prepay up to fifty percent(50%)of the anticipated fees for the Services prior to any Services being provided to Client. If Service Provider determines in its sole discretion that the total cost for providing the Services cannot be reasonably determined at the outset, then Service Provider shall have the right to require Client pay a prepayment to Service Provider in an amount reasonably determined by Service Provider prior to Service Provider providing the Services. 3.3. Interest on Past Due Amounts. If any invoice is not paid by its due date, Service Provider will charge Client and Client will pay an interest charge of one percent(1%) per month on the unpaid balance of such invoice. For any amounts that are disputed in good faith, Client may still be liable for the interest if such amounts are later found to be rightfully due and owing.Alternatively,for any disputed amounts that are made in good faith, Client can pay such amounts into a mutually agreeable interest-bearing escrow account, in which case Client will not be obligated to pay such interest provided it cooperates in good faith with Service Provider to promptly resolve the dispute. 3.4. Certain Remedies for Nonpayment. If an undisputed invoice is not paid when due, Client shall pay Service Provider a service charge accruing from the due date in the amount of one and half percent(1.5%) per month or the highest lawful rate,whichever is less, on the unpaid balance of such invoice. If Client fails to pay to Service Provider, within ten (10) days after Service Provider makes written demand for any past-due amount payable under the Agreement(including interest thereon),then, in addition to all other rights and remedies which Service Provider may have at law or in equity,Service Provider may seek collection from Client of unpaid amounts due and shall be entitled to all of its attorneys'fees, costs of court and other costs of collection regardless if formal litigation is commenced.A 25%collection fee will be imposed on any invoice sent to collections. Service Provider is also entitled to accelerate and demand full payment of any future amounts due under the Engagement Letter.Service Provider may, in its sole discretion,decide to suspend Client's access to the Services,including any Services provided by a Third-Party Software Provider, until all past due amounts are paid in full. Any withholding of Services or support due to a failure by Client to pay amounts due does not relieve Client from its contractual obligation to pay for the Services during the time the Services and/or support are withheld. If Client makes full payment and restores its account to good standing and the Agreement has not otherwise been terminated, then Service Provider may resume Services. Notwithstanding any term to the contrary herein,Client acknowledges and agrees that Services Provider shall not be liable for any damages 1006760.800 City Waterloo 2025 AUDGV 2 of 6 Page 439 of 443 PROFESSIONAL SERVICES TERMS AND CONDITIONS that Client incurs resulting from Service Provider's suspension of Services until all amounts due are paid in full to Service Provider. 3.5. Taxes.All of Service Provider's invoiced amounts are exclusive of any taxes.Client is responsible for and shall pay all sales,use,excise, personal property or other taxes,whether federal,state or local, however designated,levied or imposed on any Services or invoiced amounts. Income, franchise or similar taxes related to Service Provider's earnings or business entity are Service Provider's responsibility. 4. Term of Agreement. 4.1. Term and Termination.The term of this Agreement shall commence on the Effective Date of the Engagement Letter and shall continue until terminated as provided herein. This Agreement may be terminated pursuant to the following: (1) either Party may terminate the Agreement for convenience by giving the other Party ninety(90) days' prior written notice;or(2)either party may terminate this Agreement"for cause"if the other party is in breach of any material term of this Agreement and does not cure the breach within thirty (30) days after receipt of the written notice of the alleged breach.Should such termination occur while Client still has Services remaining on any applicable agreement,except in situations where Client has terminated this Agreement for cause,then all of those amounts due presently and during the remainder of the Services term shall be immediately due and payable upon the effective termination of this Agreement. 4.2. Enforceability Post-Termination;Survival. Upon the termination of this Agreement, Service Provider has no further responsibility to provide Services. Client's obligation to pay Service Provider shall survive termination until all amounts due and owing to Service Provider are fully paid and Client shall be obligated to pay Service Provider for any fees or expense on a proportional basis for Services performed up to and including the Effective Date.Any provisions of this Agreement that by their terms require performance or have application to events following termination shall survive and remain in full force and effect. 4.3. Procedures Upon Termination. Upon the end of the Term, Service Provider shall prepare final invoices for Services and provide them to Client, and Client shall pay the same pursuant to the invoice terms. Both parties shall return any and all Confidential Information, reports, materials, or other service-related items as required by this Agreement in a timely manner. Both Parties are not obligated to delete data that is solely on their backup systems, provided that should the backup system's data that includes Confidential Information be restored to the primary system where the data is more readily accessible,then the Parties will at that time have the obligation to delete the Confidential Information. 5. Confidentiality,Certain Restrictive Covenants,and Intellectual Property. 5.1. Confidentiality Obligations. The receiving Party shall maintain the confidentiality of the disclosing Party's Confidential Information and protect such Confidential Information with the same degree of care that it applies to the receiving Party's own similar Confidential Information, but in no event less than a reasonable degree of care, given the nature of the information disclosed.The disclosing Party's Confidential Information shall be used by the receiving Party solely for the purpose of rendering or obtaining Services(as applicable) pursuant to this Agreement and,except as permitted herein, shall not be disclosed to any third party without the prior consent of the disclosing Party. Notwithstanding the foregoing,Client acknowledges that Service Provider may share Client's Confidential Information with those of its Representatives,Affiliates and any Third-Party Software Providers that have a need to know in order to assist with the performance of the Services and who agree to maintain the Client's Confidential Information on the same or similar terms as set forth herein. Client acknowledges that it may be asked by certain Third-Party Software Providers to consent to the sharing of Client's Confidential Information in connection with the Services, and Client agrees to consent to such requests from Third-Party Software Providers.This Agreement shall be deemed Confidential Information. 5.2. Exceptions.The restrictions on Confidential Information in this Section 5 shall not apply to information: (1) generally available to the public through no act or omission of the receiving Party,its Representatives,or its Affiliates; (2) independently developed or acquired by the receiving Party without use or reference to the disclosing Party's Confidential Information; (3) approved for release in writing by the disclosing Party; (4) that is received without restriction from another person or organizations lawfully in possession of such information and entitled to provide such information to the receiving Party; or(5) information that was rightfully in the possession of the receiving Party on a non-confidential basis prior to its disclosure by the disclosing Party.Additionally,either Party may use or disclose the other Party's Confidential Information if required by any request or order of any applicable government or regulatory authority, or otherwise as required by applicable law. Before disclosing the disclosing Party's Confidential Information for such purpose, the receiving Party must provide prompt written notice to the disclosing Party of the circumstances requiring disclosure of such Confidential Information,and the Parties shall cooperate with each other, at the disclosing Party's expense,to obtain protection for the confidentiality thereof to the extent available,to contest and avoid such disclosure,to obtain any other appropriate remedy,or to waive compliance with the provisions of this 1006760.800 City Waterloo 2025 AUDGV 3 of 6 Page 440 of 443 PROFESSIONAL SERVICES TERMS AND CONDITIONS Agreement.In the event that such protective order or other remedy is not obtained,or that the disclosing Party waives compliance with the provisions of this Agreement, the receiving Party will furnish only that portion of Confidential Information which is legally required. 5.3. HIPAA. If applicable, notwithstanding anything herein to the contrary, to the extent the Health Insurance Portability and Accountability Act of 1996("HIPAA")applies to Client, Client acknowledges and agrees that: (1)Client retains all responsibility for being compliant with the applicable provisions of HIPAA that may apply to the Client Materials provided by Client pursuant to the Services; and (2)Service Provider makes no representation or warranty herein regarding its compliance with any applicable HIPAA laws and regulations in connection with the Services. 6. Warranties. 6.1. Representations and Warranties. Each Party represents,warrants and covenants to the other that: (1) it has full right, power and authority to enter into and fully perform its obligations under this Agreement; (2)the execution, delivery and performance of this Agreement by that Party does not conflict with any other agreement to which it is a party or by which it is bound; and (3) it shall comply with all material laws, rules and regulations applicable to its activities in connection with this Agreement. Client further represents, warrants, and covenants that: (1) the Client Materials are original to Client or Client has obtained the necessary rights to provide the Client Materials to Service Provider and use the Client Materials in connection with the Services; and (2) the Client Materials as provided to Service Provider are accurate, reliability,availability,and valid for the performance of the Services. 6.2. All Obligations Set Forth in This Agreement; Limitation.SERVICE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY DELAYS AND/OR SERVICE UNAVAILABILITY OF ANY KIND, REGARDLESS OF CAUSE, EXCEPT AS PROVIDED IN THIS AGREEMENT. CLIENT EXPRESSLY WAIVES ANY CLAIMS AGAINST SERVICE PROVIDER FOR LOSS, INJURY, OR DAMAGE OF ANY KIND, DIRECTLY OR INDIRECTLY, RESULTING FROM AVAILABILITY OF THE SERVICES, USE OF THE SERVICES OR FROM ANY LOSS OR CORRUPTION OF CLIENT MATERIALS SOFTWARE, OR HARDWARE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. 6.3. OTHER WARRANTY DISCLAIMERS. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL OTHER WARRANTIES ON THE SERVICES FURNISHED UNDER THIS AGREEMENT INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR OF ANY RESULTS TO BE ACHIEVED. UNLESS NOTED EXPLICITLY OTHERWISE HEREIN,ALL SERVICES ARE PROVIDED AS-IS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HERE, ANY SERVICES THAT ARE CONTINGENT ON OR PROVIDED BY A THIRD-PARTY SOFTWARE PROVIDER CARRY NO WARRANTY OF ANY KIND BY SERVICE PROVIDER. CLIENT AGREES TO LOOK EXCLUSIVELY TO SUCH THIRD-PARTY SOFTWARE PROVIDER FOR ANY AND ALL LIABILITY. THE EXPRESS WARRANTIES STATED IN THIS SECTION 6 ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF SERVICE PROVIDER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF SERVICE PROVIDER UNDER THIS AGREEMENT. 7. Limitation of Liability and Indemnification. 7.1. LIMITATION ON DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, CLIENT ACKNOWLEDGES AND AGREES THAT THE MAXIMUM AGGREGATE AMOUNT THAT CLIENT CAN COLLECT FROM SERVICE PROVIDER OR ITS AFFILIATES FOR ANY CLAIM RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER PURSUANT TO THIS AGREEMENT OR OTHERWISE UNDER THE LAW, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE AVERAGE MONTHLY AMOUNT ACTUALLY PAID FOR THE SPECIFIC SERVICE AT ISSUE BY CLIENT TO SERVICE PROVIDER UNDER THIS AGREEMENT OVER THE PASTTWELVE(12)MONTHS PRIOR TO WHEN THE CLAIM FIRSTAROSE. 7.2. WAIVER OF CERTAIN DAMAGES.UNLESS SPECIFIED EXPLICITLY HEREIN,NEITHER PARTYSHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF USE OF DATA OR INTERRUPTION OF BUSINESS, WHETHER ARISING IN TORT, CONTRACT, OR INDEMNITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT NOTHING IN THIS PARAGRAPH IS ENTITLED TO LIMIT OR WAIVE THE AMOUNTS DUE FROM CLIENT TO SERVICE PROVIDER. 7.3. MUTUAL INDEMNIFICATION. Each Party ("Indemnifying Party") will defend, indemnify, and hold harmless the other Party and its Affiliates,and any of their Representatives("Indemnified Party"),from and against any and all losses,claims,actions,proceedings,and suits,and all related liabilities,damages,judgements,settlements, penalties, fines,costs or expenses(including reasonable attorneys'fees and other actual litigation related expenses)(collectively "Losses") incurred by the Indemnified Party, arising out of or relating to: (1) any breach or alleged breach of the Indemnifying Party's representations and warranties; (2)any damage or loss caused by negligence,fraud,dishonesty, or willful misconduct by the Indemnifying Party or any of its Representatives; (3) unauthorized disclosure of confidential information by the Indemnifying Party; (4) claims against the indemnified party by a third party for infringement upon Intellectual Property Rights; and (5) any other violation of this Agreement by the Indemnifying Party. Notwithstanding anything to the contrary contained in this Agreement, in no event will the Indemnifying Party 1006760.800 City Waterloo 2025 AUDGV 4 of 6 Page 441 of 443 PROFESSIONAL SERVICES TERMS AND CONDITIONS be liable for any amount attributable to the Indemnified Party's gross negligence,willful misconduct, or breach of this Agreement. 8. Miscellaneous. 8.1. Non-solicitation of Employees. During the term of this Agreement and for a period of one (1) year after termination of this Agreement for any reason, Client shall not, directly or indirectly, hire, offer to hire, entice away, solicit,or in any other way persuade or attempt to persuade any Representative to discontinue their relationship with Service Provider. If Client violates this provision, Client shall pay Service Provider an amount equal to the Representatives total annualized compensation, including wages, bonuses and the cost of all benefits, if any, that Service Provider paid or was payable to the Representative during the one(1)year period prior to Client soliciting the Representative as well as the forecasted or actual total annualized compensation that Client will pay or did pay to Representative after the solicitation occurred. 8.2. Notification.All notices, requests, demands and other communications which are required or may be given under the Agreement will be in writing and will be deemed to have been duly given, or otherwise properly received: (1) when actually received if personally delivered; (2) when transmitted by confirmed facsimile, electronic or digital transmission method; (3)the day after it is sent, if sent for next day delivery to a domestic United States address by recognized overnight delivery service (e.g., Federal Express); and (4) upon receipt, if sent by certified or registered mail, return receipt requested. In each case, notice will be sent pursuant to the addresses and notice information for each Party set forth in the Engagement Letter, provided, however, that any Party may change such Party's notice information by written notice to the other Party in the manner set forth above. 8.3. Force Majeure. Except for any payment obligations,which shall remain due and payable in accordance with the provisions of this Agreement, either Party shall be excused from delays in performing, or from its failure to perform, its obligations pursuant to this Agreement if such delays or failures result from a Force Majeure Event. In order to be excused from delay or failure to perform due to a Force Majeure Event, a Party must provide prompt written notice to the other Party reasonably identifying the Force Majeure Event and use commercially reasonable efforts to resume performance to the extent possible. If the period of non-performance exceeds thirty(30)days from the receipt of notice of the Force Majeure Event, either party may terminate this Agreement. Notwithstanding any term to the contrary herein this Agreement, Client's sole and exclusive remedy for any such termination shall be a refund of the pro-rata portion of any pre-paid Service fees. 8.4. No Agency. Service Provider is acting solely as an independent contractor in rendering Services under this Agreement. In no way is Service Provider to be construed as the agent or acting as the agent of Client in any respect. Service Provider is neither the employer nor an employee of Client. 8.5. Assignment.This Agreement may not be assigned by either Party without the express written consent of the other Party,which shall not be unreasonably withheld,conditioned or delayed.Subject to the foregoing,any assignee under this Agreement shall be subject to all of the terms,conditions and provisions of this Agreement. 8.6. Waiver. No waiver or breach of any provision of this Agreement shall be effective unless made in writing nor shall such waiver or breach operate as, or be construed to be,a continuing waiver of such provision or breach. 8.7. Governing Law; Venue; Waiver of Jury Trial. This Agreement shall be governed by the laws of the State of Kansas,without regard to its conflict of law provisions.Subject to the alternative dispute resolution process described in section 8.8, any disputes between the Parties in connection with this Agreement shall be exclusively brought only in a court of competent jurisdiction located in either: (1)the county in which the Service Provider's office sits that is providing the majority of the Services to the Client under this Agreement; or (2) if subsection (1) is inapplicable for any reason,then in Johnson County, in the State of Kansas.THE PARTIES EXPRESSLY AND IRREVOCABLY WAIVE TRIAL BY JURY IN THE EVENT OF ANY DISPUTE UNDER THIS AGREEMENT. 8.8. Alternative Dispute Resolution—Mediation&Arbitration.If a dispute arises from or relates to this Agreement or the breach thereof,and if the dispute cannot be settled through direct discussions,the Parties agree to first attempt to settle the dispute by mediation that will be administered by a neutral party, using mediation procedures, both of which have been agreed upon by both Parties before resorting to arbitration. Where mediation fails to produce a binding resolution between the Parties, any continued dispute, claim or controversy arising out of or relating to this Agreement or the breach,termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by individual final and binding arbitration in the proper location determined by section 8.7 of these Terms. Except as otherwise provided in this section or mutually agreed upon by the Parties, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.All aspects of the mediation and arbitration,including any final and binding award issued by the arbitrator, shall be strictly confidential.Judgment on the final and binding award issued by the arbitrator may be entered in a court described in section 8.7.This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 1006760.800 City Waterloo 2025 AUDGV 5 of 6 Page 442 of 443 PROFESSIONAL SERVICES TERMS AND CONDITIONS 8.9. Time Period for Claims.The Parties acknowledge that the nature of the Services makes it inherently difficult, with the passage of time,to present evidence in an arbitration that fully and fairly establishes the facts underlying any dispute that may arise between us. The Parties agree that notwithstanding any applicable statute of limitation that might otherwise apply to a claim or dispute between the Parties, including one arising out of this Agreement or the Services, any arbitration permitted under the Agreement (except related to the collection of sums due from Client) must be commenced within twelve (12) months after the date of delivery of any Report arising from the Services or if no Reports are delivered in connection with the Services,within twelve(12)months after the date of delivery of the Services. This twelve (12) month period applies and begins to run on the date of each report delivered by Service Provider,even if Service Provider continues to perform Services after such date,and even if neither Party has become aware of the existence of a claim or the basis for a possible claim. In the event a dispute within the last sixty(60)days of the twelve(12) month period,the period of limitation to commence a lawsuit shall be extended by up to sixty(60) days,to allow the Parties to conduct nonbinding mediation pursuant to Section 8.8. 8.10. Attorneys' Fees.The Party who substantially prevails in enforcing this Agreement shall be entitled to all of its reasonable attorneys' fees, expert witness fees, investigation costs, and court and appeal costs regardless of if a formal lawsuit is commenced. This provision shall remain in force for costs associated with section 8.8 unless the parties agree to allocate costs subject to a separate agreement. 8.11. Fees for Client Disputes with Third Parties. Except for disputes arising between the Parties, in the event Service Provider or any of its Affiliates are called as a witness or requested to provide any information (whether oral, written, or electronic) in any judicial, quasi-judicial, or administrative hearing, investigation, trial, appeal, or proceeding regarding information or communications that Client has provided to Service Provider, any documents and materials prepared by Service Provider in accordance with the terms of this Agreement, or any knowledge the Service Provider has related to Client, Client shall pay any and all expenses, including fees and costs for Service Provider's time,at Service Provider's rates then in effect,as well as any legal or other fees that Service Provider incurs as a result of such appearance or production of documents. 8.12. Subpoenas and Legal Proceedings. If Service Provider receives a subpoena related to Client, the Services Service Provider performed for Client, or if Service Provider otherwise must engage in any legal proceeding relating to Client or its acts or omissions, Client agrees to reimburse Service Provider for its costs associated with the same (including reasonable attorneys'fees), along with the value of the time its staff incurs in responding to the subpoena and participating in the legal proceeding calculated at the respective staff members'standard billable rate.Client shall pay all such amounts within ten (10)days of written demand. 8.13. Reproductions of Materials. Any publication or other reproduction of any Report prepared by Service Provider as part of the Services shall reference Service Provider's name and logo as original prepared and provided to Client.Client agrees to provide Service Provider with printers' proofs or master of such publication or reproduction of a Report for Service Provider's review and approval before it is printed and before it is distributed. 8.14. Electronic Signatures; Electronic Disclosures. The Parties agree that this Agreement and any other documents delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents shall have the same legal validity and enforceability as handwritten signatures to the fullest extent permitted by applicable law. Client hereby authorizes Service Provider and Third-Party Software Providers to deliver to Client electronically formatted data and information, including financial statements, drafts of financial statements,financially sensitive information,spreadsheets,trial balances, or other financial data from Service Providers files. 8.15. Counterparts.This Agreement may be executed and delivered by original signature,facsimile,or other image capturing technology, and in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which,when taken together,will be deemed to constitute one and the same agreement. 8.16. Entire Agreement. This Agreement constitutes the entire agreement between the Parties in relation to the Services provided hereunder and supersedes all prior written or oral communications and representations only with respect to the Services provided hereunder in this Agreement. 8.17. Severability. If any portion of this Agreement is held to be void,invalid,or otherwise unenforceable in whole or in part, for any reason whatsoever, such portion of this Agreement shall be amended to the minimum extent required to make the provision enforceable and the remaining portions of this Agreement shall remain in full force and effect. 8.18. Equitable Relief. Each Party acknowledges that its breach of Section 5 (Confidentiality, Certain Restrictive Covenants, and Intellectual Property) or Section 8.1 (Non-solicitation of Employees) will cause irreparable injury to the other Party for which monetary damages are not an adequate remedy.Accordingly,in addition to any other rights and remedies available to such Party, a Party shall be entitled to seek injunctive relief and other equitable remedies in the event of a breach of the terms of Section 5 or Section 8.1 by the other Party. 1006760.800 City Waterloo 2025 AUDGV 6 of 6 Page 443 of 443