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Council Packet - 1/20/2026
CITY OF �4iLTERLOO IOWA THECITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Tuesday, January 20, 2026 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 228 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 Schmitt, Ward 1 Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of the January 5, 2026, Regular Council Session, as proposed or amended. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda Page 2 of 228 items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request by Jofelle Corona and Filomeno Corona Jr., for tax exemptions on the construction of a new single-family home valued at $459,890.00, for property located at 5760 Wall Street and located in the City Limits Urban Revitalization Area (CLURA). 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as February 5, 2026, and date of public hearing as February 16, 2026, in conjunction with Demolition and Site Clearance Services, Contract No. D-2026-02-08P, and instruct the City Clerk to publish notice. 4. Resolution setting date of public hearing as February 2, 2025, to approve a Site Plan Amendment by Zydeco Investments LLC to allow for up to 200,000 square feet of phase 2 and phase 3 expansions in the "M-2,P" Planned Industrial District located at 4050 Leversee Road, and instruct the City Clerk to publish notice. 5. Resolution approving a request to seek two proposals for nine manual cardiac monitor/defibrillators. 6. Motion to approve Change Order No. 2 with Lehman Trucking & Excavating, Inc. of Waterloo, Iowa, for a net increase of $18,000.00, for additional demolition work for property located at 100 E. 9th Street, and to extend the term of the contract to February 16, 2026, in conjunction with Demolition and Site Clearance Services Contract RD-2025-08-02P. 7. Motion to receive and file Grout Museum funding reports of October, November, and December 2025. 8. Motion to approve the appointment of James Gleissner from the current Civil Service List to the position of Preparator/Technician in the Culture & Arts, effective January 21, 2026. 9. Liquor Licenses Dallas Fresh Waterloo, 814 La Porte Road, Class C w/Sunday Sales (Renewal) 10/16/2026. Hy-Vee Food & Drug #3, Class E, w/Sunday Sales (Renewal) 02/08/2027. King Star, 2035 E. Mitchell Avenue, Class B, w/Sunday Sales (Renewal) 01/19/2027. La Cava, 126 E. Ridgeway Avenue, Class C w/Sunday Sales (Ownership Update) 01 /31 /2026. Love's Travel Stops & Country Store #702, 3301 Greyhound Drive, Class C w/Sunday Sales (Ownership Update) 08/03/2026. New Star Fletcher, 315 Fletcher Avenue, Class E w/Sunday Sales (Renewal) 01/29/2027. Ray's Supermarket, 1975 Franklin Street, Class E w/Sunday Sales (Ownership Update) 05/31/2026. Ray's Supermarket 2, 1956 Franklin Street, Class E w/Sunday Sales (Ownership Update) 05/31/2026. The Broken Record, 315 w. 4th Street, Class C w/ Sunday Sales (Renewal) 01/20/2027. Veteran's of Foreign Wars Club Post 1623, Class C w/Sunday Sales (Ownership Update) 01/20/2027. Page 3 of 228 Walgreen #07451334 Flammang, Class E w/Sunday Sales (Ownership Update) 09/30/2026. Waterloo Blackhawk's Hockey, 125 Commercial Street, Class C w/Sunday Sales (Renewal) 12/15/2026. 10. Bonds. RESOLUTIONS 1. Resolution approving a revised fee schedule to increase fee for Required Satellite Sites for Recycling and Yard Waste Collection from $5.00 per month to $6.00 per month. Submitted by: Randy Bennett, Public Works Division Manager 2. Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $62,300.00, in conjunction with the Sanitary Sewer Improvements FY 2026 CIPP Phase VA Project Professional Services Agreement originally executed November 18, 2024, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 3. Resolution approving a Development and Minimum Assessment Agreement with ET Enterprises Corporation, for the rehabilitation of 1721-1729 Mulberry Street into nineteen residential units, a daycare, and community space, including the Infill Housing Incentive of $5,000.00 per residential unit for a maximum of $95,000.00, and a Minimum Assessment Agreement of $2,250,000.00, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving an Amendment to the Development Agreement, originally executed May 20, 2024, with Iowa Heartland Habitat for Humanity, to extend the deadline for completion of 516 Pine Street to January 20, 2028, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving a Development Agreement with Jeffrey P. Weber and Denise K. Weber, for the construction of a new single-family home on an infill lot located at 610 Burbank Avenue, including a $5,000.00 infill incentive upon substantial completion, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving filling the Ward 2 vacancy by special election. Submitted by: Kelley Felchle, City Clerk 7. Resolution approving a Cooperative Agreement with the Iowa Department of Transportation, up to a maximum DOT contribution of $500,000.00, in conjunction with the FY 2026 South Waterloo Business Park - Phase I, Contract No. 1129, and authorizing the Mayor and City Clerk to execute said document. Page 4 of 228 Submitted by: Jamie Knutson, City Engineer ORDINANCES 1. An ordinance amending the City of Waterloo Code of Ordinances by Amending Chapter 4, Plumbing Regulations, of Title 9, Building Regulations. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by Amending Chapter 4, Plumbing Regulations, of Title 9, Building Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Greg Ahlhelm, Building Offical 2. An ordinance Amending the City of Waterloo Code of Ordinances by Amending Chapter 3, Electrical Regulations, of Title 9 Building Regulations. Motion to receive, file, consider, and pass for the first time an ordinance Amending the City of Waterloo Code of Ordinances by Amending Chapter 3, Electrical Regulations, of Title 9 Building Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Greg Ahlhelm, Building Offical 3. An ordinance amending the City of Waterloo Code of Ordinances by Amending Chapter 5, Mechanical Systems, of Title 9, Building Regulations. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by Amending Chapter 5, Mechanical Systems, of Title 9, Building Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Greg Ahlhelm, Building Offical 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. ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 5 of 228 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE Resolution approving the request by Jofelle Corona and Filomeno Corona Jr., for tax exemptions on the construction of a new single-family home valued at $459,890.00, for property located at 5760 Wall Street and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Paradise Estates First Addition Lot 18 Page 6 of 228 ATTACHMENTS 1. 5760 Wall St CLURA Form 2. 5760 Wall St CLURA Map Page 7 of 228 For Office Use Only Date Received4.211 1202; Received by: Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS AND DAYCARE CENTER IMPROVEMENTS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the 1I working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Daycare facilities may need a development agreement with the City. Please contact the Waterloo Planning and Zoning Department for more information. Please fill out the following information for your application to be submitted to the City Council. NAME: ADDRESS: Jofe.".e Corona , Hinman* Corona Jr 5760 Well street Waterloo. 50701 TELEPHONE: 010)888-5123 SIGNATURE: ,e C-CALAXr-iu^ EMAIL: lotere000ronaggmar com DATE: 1215r2025 A. What is the Address of the property being improved? 5760 Walt St, Wateaee, la, S0701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) PARADISE ESTATES FIRST ADDITION LOT 18 B. Indicate desired exemption schedule: (I or 2) 1. e One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. () A partial exemption on the actual value added by improvements according 10 the following schedule: a. First Year 80% b. Second Year 70% c. Third Year 60% d. Fourth Year 50% e. Fifth Year -40% f. Sixth Year 40% J. g. Seventh Year 30% h. Eighth Year 30% i. Ninth Year20% Tenth Year 20% Note: Residentially assessed properties receiving the CLURA tax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July I, 2024. C. What was the nature of the improvement(s)? new construction D. What was the cost of the new construction? 450.300 E. Estimated or actual date of completion of this new construction? 11-07-2O25 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this line - Office Use Only F. City of Waterloo Building and Inspections Department Information: Permit Number: 2- 5• 27S Date permit was issued: Jr. t 05 25 0I sa• dr (tie - Total permit(s) valuation42 1$143O. CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 8 of 228 Sources: Esri, Vantor, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, 0 4590 180 270 l Feet Intermap, and the GIS user community, Sources: Esri, TomTom, Garmir NOAA, USGS, © OpenStreetMap contributors, and the GIS User Comr PAOP C of )?R CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as February 5, 2026, and date of public hearing as February 16, 2026, in conjunction with Demolition and Site Clearance Services, Contract No. D-2026-02-08P, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The properties were acquired by the City through 657A action, and have been tested and abated for asbestos and are now ready to be demolished. The 8 homes are all dilapidated and not feasible to be rehabbed, so demolition will remove the blighted structures from the neighborhoods and make the lots available for new residential development. The homes include: 411 Logan Avenue, 127 Newell Street, 1712 E. 4th Street, 227 Ricker Street, 418-420 Courtland Street, 708 Mobile Street, 406 Randall Street, and 718 W. 2nd Street. NEIGHBORHOOD IMPACT The demolition activity will have a positive impact on the neighborhoods by removing blighted and abandoned buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate $115,000. Source of funds: Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION Page 10 of 228 LEGAL DESCRIPTION ATTACHMENTS 1. Demolition RFB Contract D-2026-02-08P 2. Addendum to Exhibit B Demolition Specifications Draft Page 11 of 228 CITY OF WATERLOO, IOWA of WA TF A 4l Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos -containing materials (no RACM)] January 2026 RFB Demolition and Site Clearance Services Contract D-2026-02-08P 411 Logan Av, 127 Newell St, 1712 E 4th St, 227 Ricker St, 418- 420 Courtland St, 708 Mobile St, 406 Randall St, and 718 W 2nd St City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 12 of 228 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the demolition, removal, disposal and site clearance services Contract D-2026-02-08P for the property at 411 Logan Av, 127 Newell St, 1712 E 4th St, 227 Ricker St, 418-420 Courtland St, 708 Mobile St, 406 Randall St, and 718 W 2nd St. 1.1 All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday February 5, 2026, at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. RFB Timeline Name of the Bid: Demolition and Site Clearance Services Contract D-2026-02-08P Notice of RFB Date: Mandatory Walk Thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: January 15, 2026 There will not be a mandatory walk thru Thursday February 5, 2026, at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT D-2026-02-08P. City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) E-mail Address: aric.schroeder©waterloo-ia.org Phone: Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 2 of 32 Page 13 of 228 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday, February 5, 2026, 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 is anticipated to be at the City Council meeting on Monday, February 16, 2026. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on February 16, 2026, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection at the hearing. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of 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. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 3 of 32 Page 14 of 228 appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty -day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the Contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of the Contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 4 of 32 Page 15 of 228 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 be from February 17, 2026 to May 15, 2026. 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 DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 5 of 32 Page 16 of 228 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the City may, at the City's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. Contractor is not to incur costs for additional work proposed for change order amendment unless approved by the City by City Council approved resolution, except for emergency or unusual time sensitive circumstances, as determined by the City's Representative, where the City's Representative may authorize the Contractor to proceed prior to change order approval. 3.2.4 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services for: 411 Logan Av, 127 Newell St, 1712 E 4th St, 227 Ricker St, 418-420 Courtland St, 708 Mobile St, 406 Randall St, and 718 W 2nd St. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 6 of 32 Page 17 of 228 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the sites. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the Contract. This Contract includes eight residential properties, including: 411 Logan Avenue (2 story dwelling), 127 Newell Street (1 story dwelling), 1712 E 4th Street (2 story dwelling), 227 Ricker Street (1 '/z story dwelling), 418-420 Courtland Street (2 story 2-family conversion dwelling), 708 Mobile Street (1 % story dwelling), 406 Randall Street (2 story dwelling), and 718 W 2nd Street (1 % story dwelling). Please note: All properties have been abated for asbestos containing material (ACM). 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. 4.3 There will not be a mandatory walkthrough for this project. Bidders are advised/encouraged to make their own inspections of the properties prior to bid submittal. The Planning Department is not in possession of a key for any of the properties. The properties may be partially 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 the 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 METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 7 of 32 Page 18 of 228 5.3.1 Each bid will be evaluated based on experience and the evaluators' judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, directors, employees and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 8 of 32 Page 19 of 228 Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 9 of 32 Page 20 of 228 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the sites are, not to exceed: 411 Logan Avenue $ 127 Newell Street $ 1712E 4th Street $ 227 Ricker Street $ 418-420 Courtland Street $ 708 Mobile Street $ 406 Randall Street $ 718 W 2nd Street $ Total $ Total 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 sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the Contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid Page 21 of 228 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT D-2026-02-08P 411 Logan Av, 127 Newell St, 1712 E 4th St, 227 Ricker St, 418-420 Courtland St, 708 Mobile St, 406 Randall St, and 718 W 2nd St PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees (except for trees specifically noted to remain on the attached aerial photos and photos of each site), structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences (except as noted to remain on the attached aerial photos and photos of each site), wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury -containing materials including fluorescent, high-pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB -containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Remove and replace sidewalk and paving as required. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 11 of 32 Page 22 of 228 I. Complete the demolition work in accordance with the plans and these technical specifications. 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street or Sidewalk Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to submit a traffic control plan to the appropriate City authority 48 hours in advance of any lane or road closures indicating the area of closure and the signs and traffic control devises to be used to set up the closure. Adequate barricades and warning signs will be placed as required by the City. 2. If sidewalks are to be closed during demolition, submit a sidewalk closure plan that meets the ADA requirements to the Waterloo Engineering Department 48 hours prior to the scheduled closure. Contractor shall install necessary signing and barricades according to the approved closure plan. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal or vertical openings wider than four inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. If the Contractor anticipates that, for any given property, demolition work will commence and be substantially completed, including backfilling of the hole, within a single work day, and the Contractor does not leave the site unattended during demolition and backfilling, then the Contractor may request, and the City's Project Manager may (but is not required) to waive the fencing requirement. Under no circumstance shall a site be left unattended or overnight with a building partially demolished or an excavated area not completely backfiilled without said fencing. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 12 of 32 Page 23 of 228 1. The use of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open -bodied trucks transporting materials likely to give rise to airborne dusts. F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires/Explosives: No fires of any kinds will be permitted in the demolition work area. No explosives of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below -ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 13 of 32 Page 24 of 228 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the Contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and Contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. The RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 14 of 32 Page 25 of 228 Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. The Contractor shall obtain all necessary work in right-of-way permits. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in these Demolition Specifications. B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract after being notified by the City with a Notice to proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third -party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 15 of 32 Page 26 of 228 carrying out their work. The Contractor, as well as the City of Waterloo, Iowa, and their respective officials, officers, directors, employees and agents, shall be named as additional insured on the third -party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. All basement areas and below grade excavation areas are to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re -excavation of the areas at the Contractor's expense. The City cannot provide verification regarding the area of the basements, but the Black Hawk County Assessor's detailed reports do provide indication for presence of basements and approximate areas. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump -sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails, bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a Contract parcel and an improved non -Contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen (except as otherwise specifically noted or as directed by the City's Representative). The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 16 of 32 Page 27 of 228 an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. Stump removal shall be completed by excavation or grinding, with the area filled with soil and compacted in accordance with these specifications. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas -free when checked with a "Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. As an old farmhouse, 1318 Martin Road is presumed to have a septic tank. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under the Contract. C. Tires, Household Hazardous Waste, White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 17 of 32 Page 28 of 228 household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste) will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for entire project. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. Clean rubble fill material such as rock, cement, concrete, asphalt, brick and similar rubble material may be taken to an approved rubble fill site, and Contractor shall identify all site(s) proposed for debris to be taken prior to removal from demolition sites under this Contract. Any such rubble not going to the Black Hawk County Landfill shall be clear of all organic and metal material, and any other material determined by the City's Representative to be solid waste. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: The structures have been tested and abated for asbestos containing materials (ACM). Contractor shall notify the City's Representative if asbestos is discovered in the demolition process. No further work will be allowed until the asbestos has been removed by a licensed contractor. The handling of asbestos material is subject to all applicable state and federal mandates. Prior to commencement of demolition activities other than utility disconnects and site preparation, the Contractor shall do a walkthrough of all structures that are to be demolished and review asbestos inspection reports (which will be provided) to look for any suspect asbestos materials not identified in the inspection reports, or materials identified as ACM in the inspection reports but missed by the abatement contractor. Contractor must sign and submit the attached Addendum to Exhibit "B" Demolition Specifications for Demolition Contract D-2026-02-08P indicating that they have completed a pre -demolition walk through and have either: 1) not located any suspect asbestos materials or materials identified as asbestos containing materials, or 2) have located some suspect asbestos materials or materials identified as asbestos containing materials, with a list of materials and locations identified. Any suspect materials will be either 1) verified by either the testing contractor or abatement contractor as not ACM, or 2) tested and abated (if necessary) by the testing contractor and/or abatement contractor, and for either option the site(s) re -certified as clear of ACM. F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 18 of 32 Page 29 of 228 the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil or sand shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. Contractor shall place a maximum of 8" lifts (layers) between compaction. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. All backfill shall be adequately compacted so as to minimize soil settling. Failure of the site to be deemed acceptably compacted by the City's Representative will require that the material be re -excavated and re -compacted. C. Additional Fill Material: All additional fill material shall be of similar quality to the soil adjacent to the excavation, and free of rubble or organic matter. Sand or sand/dirt mixture is acceptable for sub -surface areas, but "black dirt", free of sand or other debris or material shall be used for a minimum of the top six (6) inches. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 19 of 32 Page 30 of 228 be restored. Restoration shall include grading and erosion control that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer, and straw mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble, and rocks of greater than three (3) inch diameter. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including, but not limited to, water, sewer, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Storm Sewer: Disconnect all sump pump and area drain connections to the storm sewer system. Notify the Waterloo Engineering Department for inspection of the disconnection prior to placing backfill material. D. Backfill and Compaction: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right -of -Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 20 of 32 Page 31 of 228 Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off -site vehicle track out (stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40% Berkshire Hard Fescue 30% Treasure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. Once vegetation is established to stabilize the soil, the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) and obtain necessary approvals/permits from the City and State, and 3. Contractor shall contact the Waterloo Engineering Department for pre -disturbance inspection prior to land disturbance, and for post -disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled, and all hazards removed. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 21 of 32 Page 32 of 228 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pick up any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill — refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste) to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa (SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed" basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 22 of 32 Page 33 of 228 2.17 SPECIAL PROVISIONS - Driveways are to be completely removed except for 708 Mobile Street. For driveway removals, no curb work required, except for 127 Newell Street (see additional details below). 227 Ricker Street, 418-420 Courtland Street, 406 Randall Street, and 718 W 2nd Street do not have driveways to a public street. - Sewer kill, no information available, check with the City of Waterloo Engineering Department. - Water kill, no information available, check with Waterloo Water Works. - 411 Logan Avenue: Two-story home includes a detached garage, driveway, and several trees to be removed. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 23 of 32 Page 34 of 228 - 127 Newell Street: One-story home with detached garage and several trees to remove. This Section of Fence to Remain Remove Front Fence Fence to Remain. All Trees with base on demo property side of fence to be removed. Demo Garage Do Not Demo Driveway Cut Line, Sidewalk Replacement, and Curb Work. See Aerial for Details. Private Lot The City does not own the lot to the east with the carport structure. This lot is not to be used, driven on, or parked on. Front fence and % gate on west side of driveway to be removed. The % gate and fencing east of driveway (on private lot) to remain. Driveway to be cut at existing joint line just west of carport. Sidewalk located right along back of curb. Several panels of sidewalk within driveway to be removed, existing curb at driveway to be removed, and new curb and sidewalk installed. See aerial for additional details. Remove All Trees - 1712 E 4th Street: Two-story home with several trees to be removed. Remove All Trees this Property Line RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 24 of 32 Page 35 of 228 - 227 Ricker Street: This 1.5 story home is in close proximity with the home to the east. There are some City owned lots Y2 block west on E 4th St (also accessible from alley) that could be used if needed for a staging area. This Section of Fence to Remain Remove Front Fence 7. Remove Private Walk and steps Garage to Remain (Protect) Side Yard Fence to Remain (Protect) Remove Driveway Sidewalk Between Buildings to Remain (Protect) Side Yard Fence to Remain (Protect) - 418-420 Courtland Street: Two-story 2-family conversion home with several trees to remove. Remove All Trees this Property Line Lower Front and Side Grades to Match Adjoining Abutting lot to west City owned, may be used for staging. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 25 of 32 Page 36 of 228 - 708 Mobile Street: This 1 3/4 story home has a paved driveway approach that is to remain, and two trees to be removed, two to be trimmed. Remove Private Walk Remove Gravel Drive Cut Line Trim these Limbs �# All Trees along South Property Line are Neighbors, to Remain (Protect) - 406 Randall Street: Two-story home with Remove Private Walk All Trees along South Property Line are Neighbors, to Remain (Protect) Trees to Remain, Trim these Limbs Remove Two Trees ara . e and trees to remove, and tree to trim. baili0 *Iv_/1 k. Remove ii , . i All Trees ,i,k i 1 i. %.,_ Fence to Remain (Prnteetl RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 26 of 32 Page 37 of 228 Cut Line Trim Tree Limbs Above Fence Demo Garage Fence to Remain (Protect) Neighbor's Stump (Remain) Fence to Remain (Protect) RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 27 of 32 Page 38 of 228 - 718 W 2nd Street: This 1.5 story home has several trees and fencing to remove. Private Walk Cut Line on existing joint Neighbor's Stump to Remain RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 28 of 32 Page 39 of 228 EXHIBT "C" DRAFT CONTRACT CONTRACT D-2026-02-08P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 411 Logan Avenue, 127 Newell Street, 1712 E 4th Street, 227 Ricker Street, 418-420 Courtland Street, 708 Mobile Street, 406 Randall Street, and 718 W 2nd Street This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of February 16, 2026 by and between the City of Waterloo, Iowa ("City") and ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of February 17, 2026 thru May 15, 2026, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 29 of 32 Page 40 of 228 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this Contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, directors, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, directors, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 30 of 32 Page 41 of 228 a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 31 of 32 Page 42 of 228 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Dave Boesen, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2026-02-08P. Page 32 of 32 Page 43 of 228 Addendum to Exhibit "B" Demolition Specifications for Demolition Contract D-2026-02-08P Date: Address or Addresses: Demolition Contractor: It is the responsibility of the demolition contractor to do a walkthrough of the entirety of all structures that are being demolished. A copy of the asbestos inspection report(s) will be provided to assist with this walk through. If any sampled or suspected asbestos containing materials are located, it is the responsibility of the demolition contract to notify the City prior to start of the demolition process. If concealed asbestos is located during the demolition, then the demolition contractor must stop work immediately and notify the City. Failure to comply with the above will make the demolition contractor responsible for any additional cost for asbestos abatement. Demolition Contractor, check ONE box below and sign ❑ I have done a pre demolition walk through and have not located any suspect asbestos materials or materials identified as asbestos containing materials. Date Signature Company ❑ or I have done a pre demolition walk through and have located some suspect asbestos materials or materials identified as asbestos containing materials. Here is a list of the materials and location: Date Signature Company Testing or Abatement Contractor, sign below if suspect materials identified I have checked the items that were identified or were suspected asbestos containing materials listed above and they were tested or abated. Site(s) are re -certified as clear of ACM. Date Signature Company Page 44 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE Resolution setting date of public hearing as February 2, 2025, to approve a Site Plan Amendment by Zydeco Investments LLC to allow for up to 200,000 square feet of phase 2 and phase 3 expansions in the "M-2,P" Planned Industrial District located at 4050 Leversee Road, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is proposing to build up to a 100,000 square foot phase 2 and an up to 100,000 square foot phase 3 expansion located in the "M-2, P" Planned Industrial District located at 4050 Leversee Road. The site plan indicates that it would be up to a total of 200,000 square foot phase 2 and phase 3 depending on the fire access route requirements, which could alter the dimensions of the phase 3 expansion and the setbacks. The previous Site Plan Amendment for the property in question was approved by Council on June 7, 2021, which included a 30,000 square foot phase 2 expansion. However, the applicant is looking to expand beyond the approved square footage, which is the reasoning behind this Site Plan Amendment request. The request would not appear to have a negative impact on the surrounding area or traffic conditions in the area. NEIGHBORHOOD IMPACT The request to allow up to 200,000 square feet of phase 2 and phase 3 expansions would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming, and Zoning Commission on January 13, 2026 and notice was sent to all property owners within 250 feet. Page 45 of 228 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION WATERLOO AIR & RAIL PARK 2ND ADDITION LOT 4 ATTACHMENTS 1. Staff Report Page 46 of 228 CITY OF Lt k WATERLOO Planning & Zoning TO: PREPARER: PZ MEETING DATE: REQUEST: APPLICANT: LOCATION: Planning, Programming, and Zoning Commission Adarsh Tummala, Planner I January 13, 2026 Site Plan Amendment to the "M-2, P" Planned Industrial District to allow up to 200,000 square foot of phase 2 and phase 3 expansions. Zydeco Investments LLC 4050 Leversee Road. SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: The request to allow up to 200,000 square foot of phase 2 and phase 3 expansions would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. Page 47 of 228 VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: WARP DR 4050 Leversee Road HYPER DR The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area as there is an existing manufacturing/office/warehouse facility. The site is served by Leversee Road which is a collector street. ZONING HISTORY The site is zoned "M-2,P" Planned Industrial District and has FOR SITE AND been since the adoption of ordinance 4077 on March 13, 1995 IMMEDIATE VICINITY: when it was rezoned from "A-1" Agricultural District. North — Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District. South — Waterloo Regional Airport and farmland zoned "M2,P" Planned Industrial District East — Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. West — Residences and Agriculture zoned in the City of Cedar Falls "M-1" Light Industrial and "A-1"Agricultural. Page 48 of 228 RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: DEVELOPMENT HISTORY: PUBLIC /OPEN SPACES/ SCHOOLS: FLOODPLAIN: DRAINAGE: c -41 V 1 WARP r ! „ti Jr • y5: ii i y+ f " f ) yt. , l- - , �,,f- , ,E.. v. Aye. , 1 ei.•' Area of Site Plan A nendment r �J. � � ft�'! 'Jr.. '/ '. .y-' / i '. . •." / "/rt J* i .`, r T .. �'r y �s 3'+'i.� • r `le, - 1,„1, ,-1..1-r`. - w=,r 4. sJ4,.&.. , r / / . .� -', <. A,„': L l, -. _0(4, +A.. { .e, 7 % r' r'• r, 1 Y ), )1 7 i : :.; x % a'-,., .' 4050 Leversee Road d / ror r4e47r'1 A J s r i.. i /' '''' J -ram .1 - }, i i ' HYPER BR 0? " tAr,r11,9..P.,..i.'# .-__ ri `' rI 4'o, 4 / V V. 1 - 4. Zoning Map M-2,P - Planned Industrial District There are no recreational trails located near the site and no sidewalks in the area. There is industrial development built in 2023 and 2024 to the north and south of the property in question. There are no schools located in the vicinity of the request. The nearest open space is Big Woods Lakes Recreation area located 1/2 mile to the west and George Wythe State Park is located 1.79 miles to the south. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0167F dated July 18, 2011. An easement vacate request was approved by Council on August 4, 2025 for the site in question with a condition that a drainage easement be required to be dedicated at the time of development and shown in the site plan. Engineering Page 49 of 228 Area nt See Flan Amendment UTILITIES: WATER, There is an 8" and 12" water main along Leversee Road and SANITARY SEWER, Hyper Drive. A 60' wide sanitary sewer, drainage, & utility STORM SEWER, ETC. easement exists on the west property line along with a 10' wide drainage easement on the north property line and a 10' wide utility easement on the south property line. Property requesting Site Plan A^ienemen: Page 50 of 228 STAFF ANALYSIS — Among other purposes, the "M-2, P" Planned Industrial District ZONING ORDINANCE aims provide greater flexibility and diversification of land uses and building locations. Therefore, the Site Plan Amendment meets all the requirements of the Zoning Ordinance. STAFF ANALYSIS — The applicant is proposing to build up to a 100,000 square foot SITE ANALYSIS: phase 2 and an up to 100,000 square foot phase 3 expansion located in the "M-2, P" Planned Industrial District located at 4050 Leversee Road. The site plan indicates that it would be up to a total of 200,000 square foot phase 2 and phase 3 depending on the fire access route requirements, which could alter the dimensions of the phase 3 expansion and the setbacks. The previous Site Plan Amendment for the property question was approved by Council on June 7, 2021, which included a 30,000 square foot phase 2 expansion. However, the applicant is looking to expand beyond the approved square footage, which is the reasoning behind this Site Plan Amendment request. The request would not appear to have a negative impact on the surrounding area or traffic conditions in the area. 0ME4•20WPoNANG my :TT 04,5.76,70 ! FL i I . Ensnxc Bd.. (PHASE 1) LEVERSEE ROAD ICPPIMIC MINA. EPS]BCH PHASE P..NEN. FN ff B P.P.ENT Ex1ENHCN C10OLcE ms�Ts SWALEI2,2 PPEFALE TO ASSEHT PAY, CAPIHEBERM NY E SEW. r0 P[-MOVIE PHVAIE S)2121J SIYEP TS- MENET WAIPA TO BEIENxOA �pg°fyg PHASE 3 AEON. PaFSLE pPE SePETP1012,20DP PHASE 3 PAMIENT LOOP STAFF ANALYSIS — The applicant has indicated that phase 2 and phase 3 are PARKING additional warehouse space. Therefore, the parking SITE DEVELOPMENT PLAN (CONCEPT) I Page 51 of 228 STAFF ANALYSIS — SIDE ELEVATIONS/ FLOOR PLANS ND VIEW requirement would remain the same from the previous Site Plan Amendment approval as there is no increase in office space. However, if the employee count increases, the parking requirement is one (1) space for each two (2) persons employed on the maximum shift. According to the elevations, the phase 2 and phase 2 expansions will be 32' tall and will match the existing building. n EAST ELEVATION NORTH ELEVATION WEST ELEVATION KEYNOTES PROGRESS PRINT Page 52 of 228 0 EINARGEO WEST ELEVATION 11111.1111111111.1111111 0 VIKET EI-EYA 'NON GENERAL NOYES KEYNOTE@ PROGRESS PRINT ..0A0Mggi. R11101,70 yr N g LT, g a A3.0? Picture 1: Looking northeast from Hyper Drive toward the existing building. Page 53 of 228 Picture 2: Looking southwest from Warp Drive with the new expansion to the right of the existing building. Picture 3: Looking south from 130 Warp Drive. Page 54 of 228 Picture 4: Looking northwest from Leversee Road at the expansion area. STAFF ANALYSIS — SUBDIVISION ORDINANCE The applicants are not looking to subdivide the property. TECH REVIEW AND There were no comments on this request. UPDATES PLANNING, PROGRAMMING AND ZONING COMMISSION TBD RELATIONSHIP TO The Future Land Use Map designates this area as "Industrial." COMPREHENSIVE The request is in conformance with the Future Land Use Map LAND USE PLAN: and Comprehensive Plan for this area. Page 55 of 228 STAFF WARP DR Area of Site Plan Amendment Future Land Use Map Industrial 4050 Leversee Road -- HYPER DR - Future Land Use Map Airport Therefore, staff recommends that the request by Zydeco RECOMMENDATION: Investments LLC for a Site Plan Amendment to allow for up to 200,000 square feet of Phase 2 and Phase 3 expansions located in the "M-2, P" Planned Industrial District located at 4050 Leversee Road, 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 would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. And with the following conditions(s): 1. A drainage easement being required to be dedicated at the time of development and shown in the site plan. 2. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Page 56 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bill Beck, Fire Chief January 20, 2026 Fire Rescue Department AGENDA ITEM TITLE Resolution approving a request to seek two proposals for nine manual cardiac monitor/defibrillators. RECOMMENDED COUNCIL ACTION Approve resolution allowing the medical supervisor to seek proposals. SUMMARY STATEMENT AND BACKGROUND INFORMATION The Medical Supervisor is seeking approval to obtain proposals from the two remaining cardiac monitor vendors, Zoll and Stryker, only two remaining vendors, in order to replace the current monitors that have exceeded their anticipated lifespan. These monitors are vital to paramedics in providing advanced diagnostic and monitoring capabilities during transport. The anticipated cost of this replacement is estimated to be $465,000.00. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Anticipated excess ambulance revenue. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 57 of 228 ATTACHMENTS None Page 58 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE Motion to approve Change Order No. 2 with Lehman Trucking & Excavating, Inc. of Waterloo, Iowa, for a net increase of $18,000.00, for additional demolition work for property located at 100 E. 9th Street, and to extend the term of the contract to February 16, 2026, in conjunction with Demolition and Site Clearance Services Contract RD-2025-08-02P. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City entered into demolition Contract RD-2025-08-02P with Lehman Trucking & Excavating, which included demolition of 100 E 9th St (aka 105 E 10th St, former Crystal Ice building). Demolition work is well underway, and there was previously a small change order ($750) for additional concrete identified that connects to an abutting property not owned by the City of Waterloo, and the removal was not included in the bid specs. In the vicinity of this previous change order work (the northwesterly corner of the property) was a cement area that was included in the specs for removal, however when the Contractor started to remove this area, it was determined that it had asbestos material on it similar to what the cement floors and ceilings within the building had. The handling and disposal of this material must now be done a regulated asbestos containing material (RACM) and taken to the Black Hawk County Landfill, whereas the specs anticipated this to be typical non-RACM ruble that could be taken to a rubble fill site, which causes the additional expense. The area is an approximate 60 foot by 40 foot area, and the contractor is requesting Change Order #2 in the amount of $18,000 for the additional costs to remove and dispose of the material. The contractor is also requesting to extend the term of the Contract to February 16, 2026 to allow sufficient time to complete the additional work. NEIGHBORHOOD IMPACT The demolition activity will have a positve impact on the neighborhoods by removing blighted and abandoned buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 59 of 228 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES $18,000. Source of funds: TIF funds or Nuisance Abatement bonds. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1 Change Order No 2 to Contract RD-2025-08-02P 2. Change Order 2 Pics 3. Change Order No 1 to Contract RD-2025-08-02P 4. Lehman_Trucking_&_Excavating_-_Demolition_Contract_RD-2025-08-02P_-_10.6.2025 Page 60 of 228 Lehman Trucking & Excavating, Inc. 1422 Ashland Avenue Waterloo, IA 50703 Phone: 319-235-6163 Fax: 319-235-6163 lehmante@hotmail.com January 7, 2026 City Of Waterloo Aric Schroeder Change order for demo contract RD-2025-08-02P Original Contract Price Change Order #1 Change Order #2 New Contract Price $317,375 $ 750 $18,000 $336,125 Change order consists of hauling floor from slab on north west corner of property as RACM to landfill at $75/ton instead of to our rubble site. Also includes price of lining trucks, air monitoring, and Advanced Environmental being on site. Also request to extend the term of the Contract to February 16, 2026, to allow sufficient time to complete the additional work. Lehman Trucking and Excavating, Inc. Jacob Lehman President Page 61 of 228 Page 62 of 228 Page 63 of 228 ..gaaaraMI r awan. ±_MIIM■M@Mar�� MMm. "CHI Ya laaal�r dr�rlNl MEN MEI lit......,_,..M�214Mt �MM■ e 11 �l.` 7 ailarl! l�MIs MMrllMMZ raraNMarr rarrr if j�'a__ AT IV UM ■■ Me.e•• M•,111, MMMMM,•levy II � ■ MY ra MINIM as r r r NI r=M�a rrri i �!!� MN MJ ara aaa r w r r rMMI air r r rrrr-r r3a M. NO . a r r r r POI MN, a MI rr r arr e rrar �rrle.YM:r MI w r�� ri�irrri� ARM •N, MMMMMMMM a u..... rr r%r rlr lrOr /I r IA ENir rra MrMrr�r= • iir .i r MIME r r r r r r wa r r rarrarrrr MIME y rrr rra r MOM MIMEarIN. MI ME rra r r MIME Mr' M: ar OEM r r r rr a a r MI r rr MIME a r� r WOO OE '�MPd_• MIMI r M• MI r M.rrrrrrr Pe r�MMr }}��,, IM PM EN M. MI Mimi r Om rrarrr/AIIMI rt. ' WI aar.. r r r r! MIrr r rrrrrr =..rrrr MIrra..MIaralrrM - aarar MIw MIarr• �MI :ar=Www, ! 41..... r1 Page 64 of 228 Page 65 of 228 Lehman Trucking & Excavating, Inc. 1422 Ashland Avenue Waterloo, IA 50703 Phone: 319-235-6163 Fax: 319-235-6163 lehmante@hotmail.com October 23, 2025 City of Waterloo Aric Schroeder Change order for demo contract RD-2025-08-02P Original Contract Price Change Order #1 New Contract Price $317,375 $ 750 $318,125 Change order consists of cutting concrete at west property line, removing concrete, placing black dirt on area, and seeding area. Lehman Trucking and Excavating, Inc. Jacob Lehman President Accepted by City of Waterloo By: Title: Date: Page 66 of 228 Docusign Envelope ID: 377E1 D49-EFF1-47E3-BBBC-21846B7574E4 CONTRACT RD-2025-08-02P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES 1117 Lincoln Street (RACM demo), and 100 E 9th Street (aka 105 E 10th Street) (partial RACM demo and partial non-RACM demo) This Contract for Demolition and Site Clearance Services part RACM) (the "Contract") is entered into as of October 6, 2025 by and between the City of Waterloo, Iowa ("City") and Lehman Trucking & Excavating, Inc. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of October 7, 2025 thru December 8, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $317,375 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 67 of 228 Docusign Envelope ID: 377E1 D49-EFF1-47E3-BBBC-21846B7574E4 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this Contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, directors, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, directors, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P. Page 2 of 4 Page 68 of 228 Docusign Envelope ID: 377E1 D49-EFF1-47E3-BBBC-21846B7574E4 a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P. Page 3 of 4 Page 69 of 228 Docusign Envelope ID: 377E1 D49-EFF1-47E3-BBBC-21846B7574E4 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA LEHMAN TRUCKING & EXCAVATING, INC ,-DocuSigned by: Ct ttt l&filA, �a By. '- DOb bIJL844 Quentin Hart, Mayor Jacob Lehman Signed by: i E‘tiity �t Attest: Kelly Fel hle, City Clerk DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P. Page 4 of 4 Page 70 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Finance Department January 20, 2026 AGENDA ITEM TITLE Motion to receive and file Grout Museum funding reports of October, November, and December 2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Financial reports from Grout Museum for the use of the funding provided by the public service contract that is in place for FY26. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1 Contract Support City of Waterloo October 2025 2. Contract Support City of Waterloo November 2025 3. Contract Support City of Waterloo December 2025 Page 71 of 228 Page 72 of 228 Summary of Grout Museum Contracted Support through City of Waterloo 11/13/2025 Fiscal Year 2026 Budget Month of YTD FY 26 Operation Expenses: Oct-25 7/1/25 - 10/31/25 Support Budget Wages & Employee Benefits $ 27,311.33 $ 95,513.42 $ 300,148.00 Charge card fees (MCNISA) $ 449.78 $ 1,771.92 $ 3,800.00 Exhibit building and repairs $ 859.01 $ 5,229.78 $ 17,055.00 Publications and Dues $ 322.00 $ 1,291.00 $ 4,245.00 Travel $ 29.40 $ 1,496.37 $ 3,000.00 Office Supplies $ 566.33 $ 1,871.55 $ 3,000.00 Legal and Accounting Fees $ - $ 5,703.00 $ 27,330.00 Grout Insurance $ - $ 11,098.47 $ 48,850.00 Utilities - Gas, Electric, Phone $ 12,637.14 $ 44,836.48 $ 130,000.00 Postage - mailings and meter $ 172.69 $ 638.20 $ 3,340.00 Building Maintenance $ 721.99 $ 12,387.39 $ 20,000.00 Janitorial and Kitchen supplies $ 946.33 $ 3,069.30 $ 8,000.00 Grounds $ 900.09 $ 3,796.18 $ 5,000.00 Misc. Expenses $ 537.98 $ 537.98 $ 2,500.00 Equipment repairs & Computer Maintenance $ 4,483.37 $ 6,137.74 $ 13,160.00 Service Contracts - Building and Machines $ 2,145.56 $ 12,953.22 $ 35,572.00 Total Operating Expense $ 52,083.00 $ 208,332.00 $ 625,000.00 **These documents are unaudited and intended for Board Reporting purposes only. Page 73 of 228 Summary of Grout Museum Contracted Support through City of Waterloo 12/15/2025 Fiscal Year 2026 Budget Month of YTD FY 26 Operation Expenses: Nov-25 7/1/25 - 11/30/25 Support Budget Wages & Employee Benefits $ 20,689.83 $ 116,203.25 $ 300,148.00 Charge card fees (MCNISA) $ - $ 1,771.92 $ 3,800.00 Exhibit building and repairs $ 326.80 $ 5,556.58 $ 17,055.00 Publications and Dues $ 260.00 $ 1,551.00 $ 4,245.00 Travel $ 21.00 $ 1,517.37 $ 3,000.00 Office Supplies $ 137.45 $ 2,009.00 $ 3,000.00 Legal and Accounting Fees $ 6,070.00 $ 11,773.00 $ 27,330.00 Grout Insurance $ 8,736.57 $ 19,835.04 $ 48,850.00 Utilities - Gas, Electric, Phone $ 10,868.63 $ 55,705.11 $ 130,000.00 Postage - mailings and meter $ 299.26 $ 937.46 $ 3,340.00 Building Maintenance $ 989.17 $ 13,376.56 $ 20,000.00 Janitorial and Kitchen supplies $ 258.70 $ 3,328.00 $ 8,000.00 Grounds $ 17.93 $ 3,814.11 $ 5,000.00 Misc. Expenses $ - $ 537.98 $ 2,500.00 Equipment repairs & Computer Maintenance $ 902.44 $ 7,040.18 $ 13,160.00 Service Contracts - Building and Machines $ 2,505.22 $ 15,458.44 $ 35,572.00 Total Operating Expense $ 52,083.00 $ 260,415.00 $ 625,000.00 **These documents are unaudited and intended for Board Reporting purposes only. Page 74 of 228 Summary of Grout Museum Contracted Support through City of Waterloo 1/7/2026 Fiscal Year 2026 Budget Month of Quarterly YTD FY 26 Operation Expenses: Dec-25 10/1/25-12/31/2025 7/1/25 - 12/31/25 Support Budget Wages & Employee Benefits $ 13,063.59 $ 61,064.75 $ 129,266.84 $ 300,148.00 Charge card fees (MCNISA) $ 414.67 $ 864.45 $ 2,186.59 $ 3,800.00 Exhibit building and repairs $ 339.75 $ 1,525.56 $ 5,896.33 $ 17,055.00 Publications and Dues $ 820.00 $ 1,402.00 $ 2,371.00 $ 4,245.00 Travel $ - $ 50.40 $ 1,517.37 $ 3,000.00 Office Supplies $ 107.12 $ 810.90 $ 2,116.12 $ 3,000.00 Legal and Accounting Fees $ 1,109.00 $ 7,179.00 $ 12,882.00 $ 27,330.00 Grout Insurance $ 16,707.60 $ 25,444.17 $ 36,542.64 $ 48,850.00 Utilities - Gas, Electric, Phone $ 10,948.07 $ 34,453.84 $ 66,653.18 $ 130,000.00 Postage - mailings and meter $ 336.52 $ 808.47 $ 1,273.98 $ 3,340.00 Building Maintenance $ 1,974.16 $ 3,685.32 $ 15,350.72 $ 20,000.00 Janitorial and Kitchen supplies $ 37.54 $ 1,242.57 $ 3,365.54 $ 8,000.00 Grounds $ 1,185.89 $ 2,103.91 $ 5,000.00 $ 5,000.00 Misc. Expenses $ 144.00 $ 681.98 $ 681.98 $ 2,500.00 Equipment repairs & Computer Maintenance $ 2,379.41 $ 7,765.22 $ 9,419.59 $ 13,160.00 Service Contracts - Building and Machines $ 2,515.68 $ 7,166.46 $ 17,974.12 $ 35,572.00 Total Operating Expense $ 52,083.00 $ 156,249.00 $ 312,498.00 $ 625,000.00 **These documents are unaudited and intended for Board Reporting purposes only. Page 75 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Human Resources Department January 20, 2026 AGENDA ITEM TITLE Motion to approve the appointment of James Gleissner from the current Civil Service List to the position of Preparator/Technician in the Culture & Arts, effective January 21, 2026. 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. Preparator.Technician (exp 12.26) Page 76 of 228 PERSONNEL REQUISITION FORM Check as applicable: To start recruiting or civil service process and/or Z To fill a vacancy 0 Active Civil Service List Expires: .a proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Preparator/Technician Department: Culture & Arts Reports To: Curator/Assistant Director Work Location: Waterloo Center for the Arts Employment Status: ® Regular Full Time 0 Temporary Full Time from to 0 Regular Part Time 0 Temporary Part Time from to 0 Regular 7-Month 0 Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: Non -bargaining Position: ® Yes ❑ Yes Recommended Recruitment Sources: ❑ No 0 Internal Posting Only ® No ® Internal Posting and External Advertising Yes ❑ No s*********************s***********************s**************s****s*s***************************s Complete the following if the requisition is to fill a vacancy: 0 New Position or ® Replacement Position for: Thomas Klenske, Preparator/Technician (Specif) name and title of former incumbent If replacement, former incumbent: Retired/Resigned/Terminated 0 Transferred 0 Promoted Date incumbent terminated employment: 01/09/2026 Date of final payout: 02/06/2026_ Anticipated start date: 01/06 No. of hours/week: 40 Work schedule: Monday -Friday 8:00am-5:00pm Justification of need for position: Professional staff position required for primary development and management of collection, exhibition, and public art programs at the Waterloo Center for the Arts. What are the likely consequences if the position is not filled? Exhibition and collection programs, including museum and community partnerships and public art would be drastically reduced and eliminated. APPROVALS Annual salary requirements: $59300 Hourly Rate: $28.51 Benefits: $96166 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? Yes 0 No If no, how will position be funded? Approved subject to the following conditions: Suhmitt i .. me �� lar. Mayor Date Chief Financial Officer Date Human Resources Director Date Human Resources Committee Chairperson Date Created 6/30,2017 Page 77 of 228 PERSONNEL REQUISITION The following questions are provided as guidelines to assist you in developing your rational for the position of Preparator/Technician in the Culture & Arts Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? The Preparator-Technician reports to the Assistant Director/Curator and is responsible for assisting in the design, coordination, construction and implementation of all exhibitions for the Waterloo Center for the Arts. Oversees all technical aspects of art handling with regard to storage, installation, movement, loans and packing, including maintenance and upkeep of art storage areas. Responsible for overseeing the maintenance and running of computerized exhibit areas. Essential Functions • Assists with planning and supervising or directing the fabrication, installation, disassembly and storage of collections and exhibits, • Installs, maintains and operates gallery lighting, • Fabricates and installs exhibitions, objects, and supporting materials, • Installs and maintains peiinanent galleries, special exhibit and temporary exhibition spaces, and art storage areas. • Packs and crates objects • May be expected to courier works on loan • Works closely with the Associate Curator/Registrar in receiving, mounting and dispersing works in the permanent collection and works on loan • Collaborates with Assistant Director/Curator on exhibit concept, layout and design. • Installs graphic panels and vinyl signage • Fabricates mounts and installs collection objects (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The position is a principle personnel member in the functioning of a museum requiring vary specific skills sets and expertise in carpentry, construction, and technologies that are not shared across this department. (3) How is the work of this position being accomplished now? Page 78 of 228 There work of this position now is being conducted by the current Preparator/Technician. (4) Are the filled positions in your department currently being utilized to their maximum potential? (5) We are completely maxed out if not beyond, due to the volume of programming, events, exhibitions, and ongoing daily operations of the Waterloo Center for the Arts, Phelps Youth Pavilion, Riverloop Amphitheatre, Expo Plaza, and Waterloo Boathouse. How would filling this position meet the needs of your department or the City on either a short-teiin basis (if temporary position) or a long-term basis (if a regular position)? The Preparator/Technician has a multi -faceted job maintaining or constructing fixtures for permanent collections, exhibitions and/or technology for hands-on interactive exhibit elements located throughout the Phelps Youth Pavilion. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? No appreciable cost savings. This position does not affect revenue. Unless of course you consider that many of the tasks fulfilled by the Preparator Technician might well have to be individually contracted out if this position were not filled. (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? Our department does not pay overtime. (8) Flow 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. Over the last few fiscal years we have not been operating at full staff, due to a number of retirements, change of leadership, and several resignations. However, the overall work load has been pacing higher than pre -pandemic levels across participation, services, and visitors. Within the last 2 years we have had to fill 5 FT positions. Page 79 of 228 (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. We would have a major down turn in the departments exhibition & collection programing, along with drastically reduced support for community partnerships, public art and overall public programing, if not outright eliminating programs. The prized Phelps Youth Pavilion may fall into disrepair, as ongoing maintenance and repair of interactive exhibits, would down turn visitors while reducing revenues. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? These tasks would fall to the Assistant Director/Curator or Facilities Services Manager. (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? This would not appear to be a viable option. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This is an essential position to functioning as a professional art museum with the stature of our collection holdings and management of the 11 galleries housed at the Waterloo Center for the Arts with each of their respective exhibition schedules., along with the ongoing maintenance needs of the Phelps Youth Pavilion. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position plays a key role in supporting Strategies "Fly the W", and "Power Up Downtown." It also indirectly supports a number of other strategies Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form & updated job description. Page 80 of 228 CITY OF TERLOO IOWA Co nrfacifi ©f Oppc rtun t CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION PREPARATOR/TECHNICIAN DEPARTMENT CULTURE & ARTS SALARY $59,300.80-$82,076.80 FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON -BARGAINING GENERAL STATEMENT OF DUTIES Technical position responsible for assisting in the design, coordination, construction, implementation and maintenance of all exhibitions for the Waterloo Center for the Arts including but not limited to packing/crating and unpacking of art and exhibition materials, pick-up and delivery of art/exhibitions, general construction, maintenance and building improvement projects, working with Curator, Registrar, Education Coordinator and Youth Pavilion Manager in planning, implementing and maintaining infrastructure of exhibition and interpretive programs and services. The work is performed under the general direction of the Curator, but considerable leeway is granted for the exercise of independent judgment and initiative. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Assists with planning and implementing fabrication, installation, deinstallation and storage of collections and exhibitions. 2. Prepares galleries for installation of artwork, including patching and painting walls, removing or moving exhibit fixtures and replacing displays, pedestals and mounts. 3. Designs, constructs, finishes and installs pedestals, casework, shelving, mounts, framing, crates and other physical infrastructure related to exhibitions, collections and programs. 4. Directs fixtures to illuminate displays and maintains gallery track lighting systems. 5. Monitors and maintains exhibitions including hands-on interactive exhibitions incorporating a wide range of technologies. 6. Troubleshoots and repairs hands-on interactive exhibitions and gallery infrastructure as necessary. 7. Working in conjunction with Assistant Director/Curator and Associate Curator/Registrar, packs and unpacks objects in accordance with professional museum standards. 8. Transports art and exhibition materials, including loading and unloading, to and from venues locally and nationally, including trips of 7-12 days. Page 81 of 228 9. Installs graphic panels, vinyl signage and other interpretive materials. 10. Mats, frames and mounts artwork for display. 11. Organizes, manages and maintains construction supplies, tools, equipment and workshop facilities. 12. Keeps track of gallery supplies and consumables, light bulbs and fixtures, frame and pedestal inventories, etc. and orders as needed. 13. Performs wide range of general construction, maintenance and building improvement projects including drywall, painting/finishing, minor plumbing and electrical. 14. Occasionally opens/secures building and performs set-up/teardown for special events. 15. Participates in Center for the Arts meetings, training and other activities as required by Culture & Arts Director. 16. Compiles data, prepares reports, performs data entry, and completes forms with a computer using applicable business and cloud -based software including but not limited to Microsoft Office and Google Services. 17. May assist with other Center for the Arts programs and activities as needed. 18. Communicates with and maintains effective working relationships with coworkers, supervisors, Board members, volunteers and patrons. 19. Works independently and as a member of a team with minimum supervision. 20. Works flexible hours including weekends and some evenings. 21. Attends work regularly at the designated place and time. 22. Performs all work duties and activities in accordance with City policies and codes, procedures and City, OSHA and Center for the Arts safety rules and regulations. 23. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Strong carpentry/construction skills including drywall, painting and finishing, basic mechanical, electrical and plumbing. 2. Knowledge of electronics and digital technologies including working knowledge of wide range of electronic media, messaging systems, digital/video imaging, audio components, etc. 3. Strong interest and aptitude for new media and emerging technologies. 4. Creative thinking with strong organizational, communication, project management and problem - solving skills. 5. Strong computer skills including word processing, data management and communication systems. 6. Basic understanding of professional museum standards for object handling, exhibition installation and collections care. 7. Knowledge of lighting techniques in a gallery setting. 8. Ability to work evenings and weekends as needed. 9. Knowledge of and proficiency with personal computers including Microsoft Word and data management programs. 10. Ability to learn and utilize emerging electronic and digital technologies as they relate to a museum and job responsibilities. 11. Ability to manage several project schedules and a variety of timelines and deadlines concurrently and to keep all projects organized. 12. Ability to work independently or as a member of a team with minimum supervision. 13. Ability to communicate effectively orally and in writing, give recommendations and respond to questions from patrons, Board members, volunteers and staff tactfully and in a clear, concise and easily understandable manner. Page 82 of 228 14. Ability to establish and maintain effective working relationships with other City employees and supervisors. 15. Ability to work with people from a broad variety of social, economic, racial, ethnic, cultural and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's Degree in related discipline with minimum 2-3 years' experience or training in carpentry/construction and technological experience with a wide range of digital, audio and visual equipment. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2. Design and fabrication skills. 3. Experience working with volunteers. 4. Work experience must be verifiable with an educational, cultural or other agency or business. 5. Iowa Driver's License and good driving record based on the City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one- year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; a combination of three or more at -fault or not -at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient mobility to climb and descend ladders and stairs, complete construction projects, move physically within the Center for the Arts building and attend meetings or other activities at various City and community facilities. 2. Sufficient speech and hearing that permits the employee to respond to questions from Center staff and patrons in person or on the telephone. 3. Sufficient vision and manual dexterity that permits the employee to operate a personal computer, hand and powered tools and perform other administrative and technical duties. 4. Sufficient strength to lift up to fifty (50) pounds with assistance as needed. Page 83 of 228 MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. 2. Following a conditional offer of employment, the City of Waterloo reserves the right to require a physical examination, including a drug test, by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 3. Required to submit to and successfully pass Civil Service testing including a panel interview. WORK SCHEDULE Generally 8:00 a.m. to 5:00 p.m. Monday through Friday with one -hour unpaid lunch. Must be flexible and able to adjust work schedule or work other days or evenings as needed. Must also be available for Center for the Arts or other City activities or meetings that require the attendance of the Preparator/Technician. Limited overtime. EXAMINATION INFORMATION All qualified candidates who apply by the deadline date will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full-time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. 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. PREPARATOR/TECHNICIAN 2025 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 84 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department January 20, 2026 AGENDA ITEM TITLE Liquor Licenses Dallas Fresh Waterloo, 814 La Porte Road, Class C w/Sunday Sales (Renewal) 10/16/2026. Hy-Vee Food & Drug #3, Class E, w/Sunday Sales (Renewal) 02/08/2027. King Star, 2035 E. Mitchell Avenue, Class B, w/Sunday Sales (Renewal) 01/19/2027. La Cava, 126 E. Ridgeway Avenue, Class C w/Sunday Sales (Ownership Update) 01/31/2026. Love's Travel Stops & Country Store #702, 3301 Greyhound Drive, Class C w/Sunday Sales (Ownership Update) 08/03/2026. New Star Fletcher, 315 Fletcher Avenue, Class E w/Sunday Sales (Renewal) 01/29/2027. Ray's Supermarket, 1975 Franklin Street, Class E w/Sunday Sales (Ownership Update) 05/31/2026. Ray's Supermarket 2, 1956 Franklin Street, Class E w/Sunday Sales (Ownership Update) 05/31/2026. The Broken Record, 315 w. 4th Street, Class C w/ Sunday Sales (Renewal) 01/20/2027. Veteran's of Foreign Wars Club Post 1623, Class C w/Sunday Sales (Ownership Update) 01/20/2027. Walgreen #07451334 Flammang, Class E w/Sunday Sales (Ownership Update) 09/30/2026. Waterloo Blackhawk's Hockey, 125 Commercial Street, Class C w/Sunday Sales (Renewal) 12/15/2026. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 85 of 228 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 86 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department January 20, 2026 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 87 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE Resolution approving a revised fee schedule to increase fee for Required Satellite Sites for Recycling and Yard Waste Collection from $5.00 per month to $6.00 per month. RECOMMENDED COUNCIL ACTION Requesting approval of $1.00/mo. increase. SUMMARY STATEMENT AND BACKGROUND INFORMATION Sanitation fees have not had a rate increase since 2019 and expenses for recycling and maintaining the compost site have continued to increase each year. In addition to refuse collection, recycling services, and maintaining the compost site, sanitation funds cover Code Enforcement and Animal Control departments. Since 2023, we have used $827,682.74 from reserves to cover shortfalls in these departments and sanitation services. Equipment purchases that will be needed in the near future include a trommel screen for the compost grinder, automated trucks, and a conveyor. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 88 of 228 ATTACHMENTS 1. CURRENT FEE SCHEDULE 2022-481-07.18.2022 Page 89 of 228 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2022-481 RESOLUTION APPROVING A REVISED FEE SCHEDULE FOR FY 2023 SOLID WASTE SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following fee schedule for Waterloo garbage, yard waste and recycling services are hereby approved as follows: Basic services • Garbage o 32-gallon container o 64-gallon container o 96-gallon container $10.00 per month $11.75 per month $17.75 per month • Voluntary Curbside Collection of Recycling and/or Yard Waste o $4.00 per month • Required Satellite Sites for Recycling and Yard Waste o $5.00 per month for both Additional services • Extra Garbage o $1.00 for additional 30-gallon plastic bag (limit one per week) • Bulk Items o Up to 10 listed items $10.00 o Additional fees for special items: • Freon -containing items • Washer, dryer, dishwasher, furnace, range, microwave oven, oven/stove, thermostat, water heater • Auto/pickup tires • Truck/semi tires • Other small vehicle tires Transaction fees • Return visit to collect because container not accessible, not out, or overloaded • Replacement of container damaged by customer • Delivery of new container (after first delivery) or removal or exchange of container, for reasons other than damage or loss caused by customer • Repair or replacement of damaged containers not caused by customer • Unauthorized disposal of waste incurring landfill Penalties (see Black Hawk County Landfill website) • Unauthorized Cart/RFID swapping, RFID removal • Unauthorized use of additional carts $12.00 each $4.00 each $3.00 each (limit 4) $6.00 each (limit 2) $3.00 each (limit 2) $20.00 Cost of Cart + $20 Delivery $20.00 Free Lanfill Penalty + $25.00 $250.00 lst Offense $500.00 2nd Offense or Recurring $250.00 1st Offense $500.00 2nd Offense or Recurring Page 90 of 228 Resolution No. 2022-481 Page 2 PASSED AND ADOPTED this 18th day of July 2022. ATTEST: �elky Fe(ch(e Kelley Felchle, City Clerk SEAL -ka-1 FeLA 55 Ray Feuss, Mayor Pro Tem Page 91 of 228 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $62,300.00, in conjunction with the Sanitary Sewer Improvements FY 2026 CIPP Phase VA Project Professional Services Agreement originally executed November 18, 2024, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Supplemental Agreement No. 1 with AECOM Technical Services SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 92 of 228 1. SA1 WAT CIPP PH VA DESIGN CRS (8) Page 93 of 228 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-439-3089 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com SANITARY SEWER IMPROVEMENTS FY 2026 CIPP PHASE VA PROJECT CITY OF WATERLOO SUPPLEMENTAL AGREEMENT NO. 1 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo (Client), 715 Mulberry Street, Waterloo, Iowa, and AECOM Technical Services, Inc. (ATS), 501 Sycamore Street, Suite 222, Waterloo, Iowa, dated November 18, 2024, for Project Management, Design, Bidding and Construction -Related Services for the FY 2025 Phase V CIPP Project in Service Areas 15 and 16; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 1 for additional Project Management, Design, Bidding and Construction -Related Services for the FY 2026 Phase VA CIPP Project in Service Area 16 and alternate bid work in Service Area 10. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: I. PROJECT DESCRIPTION This project consists of the Project Management, Design, Bidding and Construction -Related Services for the FY 2026 Phase VA CIPP Project in Service Area 16 (SA 16) and alternate bid work in Service Area 10 (SA 10). The total budget for the FY 2026 Phase VA CIPP Program is approximately $1,109,000 and an additional $31,000 for alternate bid work in SA 10. II. SCOPE OF SERVICES The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide design and construction -related services for the project defined above. The Scope of Services is further defined by the following tasks: Design Services (Tasks 1-9) Task 1 - Kickoff Meeting. Conduct a project kickoff meeting with Waste Management Services staff to review the project objectives and goals. Task 2 - CIPP Design. ATS will use the existing condition assessment information to design the CIPP and manhole rehabilitation work in SA 16 and alternate bid work in SA 10. Task 3 - Construction Plans and Project Manual. ATS will produce plans and project manual necessary to receive competitive bids to construct the project. Task 4 - Iowa DNR Wastewater Construction Permit Application. ATS will prepare an Iowa DNR Wastewater Construction Permit Application for the project. Task 5 - Estimate of Probable Costs. ATS will prepare an estimate of probable costs based on the contract documents. Task 6 - Distribution of Bid Documents. ATS will use QuestCDN to advertise and post the construction documents for Phase VA. ATS will send the advertisement for bids to the contractors that have previously acquired plans for Phases I, II, III, IVA, IVA2, IVA3, IVB1 and V. Page 94 of 228 AECOM Page 2 Task 7 - Respond to Bidders Questions. Respond to questions that bidders may have regarding the project. Prepare addenda as needed for project. Task 8 - Attend Bid Opening. Attend bid opening, review bids, prepare bid tabulation and make recommendation to the City. Task 9 - Administration and Meetings. ATS will administer and coordinate project activities and liaise between the Waste Management Services staff, ATS and regulatory agencies. Two meetings are anticipated with the Waste Management Services staff specific to this project. Construction -Related Services (Task 10) Task 10 - Construction -Related Services, Phase VA. The following tasks will be completed as part of the construction -related services during construction of the project: • Conduct a preconstruction conference attended by representatives of the Contractor, Client and affected utilities. • Review shop drawings and other submittals, as required of the Contractor by the contract documents, for conformance with the design concept of the project and compliance with the information given in the contract documents. • Answer design questions from the Client, Contractor, field staff and appropriate agencies. • Prepare monthly applications for payment based on information provided by field staff and Contractor and forward to the Client for execution with a recommendation for approval and payment. • Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work generally conforms to the contract documents. • Prepare and assist the Client and Contractor in processing contract change orders. • Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding and generally conforming in accordance with the contract documents. Staff will pay particular attention during the pre -cleaning and televising stage to assist the Client with extra time cleaning operations and identifying abandoned laterals. Staffing requirements may be adjusted during the project in relation to the level of construction activity. • Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. • Participate in a review of the project with the Client and field staff near completion and prepare a list of items to be completed or corrected. • Participate in a field review of the completed project with the Client and field staff before a final application for payment is processed for the Contractor. • Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the Page 95 of 228 ,4ECOM Page 3 contract, engineering clarifications and interpretations of the contract documents, progress reports and other project -related documents. • Provide the Client with a copy of record drawings for the project based on the construction records of the field staff and the Contractor showing those changes made during construction considered significant. • Assist the Client with the final close-out documentation from the Contractor. III. COMPENSATION Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be integrated with the fees in the original agreement. The total compensation for these services is a not -to -exceed fee of Sixty -Two Thousand Three Hundred Dollars ($62,300.00) and will not be exceeded without authorization from the Client. IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated November 18, 2024. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 as of the dates shown below: APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM Technical Services, Inc. By: By: eda, sxe,&er- Printed Name: David Boesen Printed Name: Michelle M. Sweeney, PE, PTOE Title: Date: Mayor Title: Date: L:\Secure DCS\Administration\AGREE\SUPPLE\SA1 WAT CIPP PH VA DESIGN CRS.docx Associate Vice President 12/22/2025 Page 96 of 228 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE Resolution approving a Development and Minimum Assessment Agreement with ET Enterprises Corporation, for the rehabilitation of 1721-1729 Mulberry Street into nineteen residential units, a daycare, and community space, including the Infill Housing Incentive of $5,000.00 per residential unit for a maximum of $95,000.00, and a Minimum Assessment Agreement of $2,250,000.00, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo entered into a Development Agreement with J&R Real Estate Holdings on June 3, 2024, for the rehab of 1721-1729 Mulberry Street into 19 residential units, a daycare, and a community room. J&R Real Estate is in the process of selling the project to ET Enterprises, who will complete the project as planned by J&R Real Estate. J&R Real Estate will still hold ownership and complete the project at the vacant parcel to the south of 1721-1729 Mulberry Street. There will be a shared parking agreement with the two entities for the parking lot. The developer has stated the project will be complete within 12 months. NEIGHBORHOOD IMPACT This project will have a positive impact on the neighborhood by rehabilitating a property that has been vacant for years. They would also be creating additional residential and day care opportunities in Waterloo. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuissance Bonds Page 97 of 228 ALTERNATIVE ACTION LEGAL DESCRIPTION Legal Description:The Easterly 30 feet of the Southerly 120 feet of Lot No. 1 in Block No. 4; Lot 7, except the North 51 feet of the East 95 feet thereof, and Lot 8, except that part thereof contained in the parcel depicted in Plat of Survey Doc. #2014-18424; all in Block 4 in Zollinger's Addition to Waterloo, Iowa. AND Lots 1, 2 and 3 in Block 5 in Alford's Addition to the City of Waterloo, Iowa. AND Lot 1 in Auditor's Plat number 8, Waterloo, Iowa, except that part thereof contained in the parcel depicted in Plat of Survey Doc. #2014-18424. ATTACHMENTS 1. ET Enterprises Corporation DA (1729 Mulberry) 01-2026 v4 Page 98 of 228 Preparer: Austin J. McMahon, 222 1st St. E., Independence, IA 50644 (319) 334-4488 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2026, by and between ET Enterprises Corporation ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and rehabilitate 19 residential units and additional commercial space in buildings located at 1729 Mulberry Street, Waterloo, Iowa (the "Property"), legally described as set forth on Exhibit "A" attached hereto. B. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that rehabilitation of the Property is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Property Preparation. Company is the owner or will become the owner of the Property. Company shall, at its own expense, remove and properly dispose of debris, and otherwise prepare the Property for renovation. 2. Condition Precedent. If J & R Real Estate Holdings, LLC, does not enter into a mutual termination or rescission of the Development Agreement that it entered into with City (dated June 3, 2024, and recorded with the Black Hawk County Recorder as Doc. No. 2024-16425) within five (5) months of the date of this Agreement, then this Agreement shall become null and void, and the City shall have no obligation to Company in connection with this Agreement, including but not limited to, any legal or equitable Page 99 of 228 obligation to reimburse Company for any costs expended by Company or to compensate Company for any value added to the Property. 2. Improvements by Company. Company shall (a) remove and properly dispose of all debris and unwanted personal property, (b) rehabilitate the existing structure on the Property to produce 19 units for multi -family residential purposes, a day care center, and an events center, and (c) make other improvements to the buildings and grounds (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. 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. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to rehabilitate the Property in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin the work no later than six (6) months from the date that the Property is conveyed to it (the "Start Date") and shall Substantially Complete rehabilitation of the buildings and all units no later than fourteen (14) months from the date that the Property is conveyed to it (the "Project Completion Date"). For purposes of this Agreement, "Substantially Complete" means the date on which the rehabilitation Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. If Company does not Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 10, and City shall then have no further obligation under this Agreement. 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 to begin or Substantially Complete construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the 2 Page 100 of 228 Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 4. City Incentives. City agrees to provide the following assistance to facilitate the Project: A. Grants. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 for each apartment unit completed for a maximum total incentive of $95,000.00, payable within ninety (90) days after City has verified that the Improvements have been Substantially Completed. B. Tax Abatement. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $2,250,000.00 (the "Minimum Actual Value"), through: either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 6. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 3 Page 101 of 228 7. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its 4 Page 102 of 228 businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. 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 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 companies engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. 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 rehabilitation and 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 5 Page 103 of 228 403 or 404, or any other state law, of the taxation of real property included within the Property. 9. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. 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; C. 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. D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. 10. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, 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 6 Page 104 of 228 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. 11. Indemnification. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project site or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 12. 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. 13. 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 7 Page 105 of 228 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. 14. 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. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 11039 Bell Oaks Estate Road, Eden Prairie, Minnesota 5534, Attention: Apham Nnaji (CEO). 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. 16. 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. 17. 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. 8 Page 106 of 228 18. 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. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA ET ENTERPRISES CORPORATION By: By: David Boesen, Mayor Apham Nnaji, CEO Attest: Kelley Felchle, City Clerk 9 Page 107 of 228 EXHIBIT "A" Legal Description of Property Lot 7, except the North 51 feet of the East 95 feet thereof, and Lot 8, except that part thereof contained in the parcel depicted in Plat of Survey Doc. #2014-18424; all in Block 4 in Zollinger's Addition to Waterloo, Iowa. AND Lots 1, 2 and 3 in Block 5 in Alford's Addition to the City of Waterloo, Iowa. AND Lot 1 in Auditor's Plat number 8, Waterloo, Iowa, except that part thereof contained in the parcel depicted in Plat of Survey Doc. #2014-18424. Page 108 of 228 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2026, by and among the CITY OF WATERLOO, IOWA ("City"), ET ENTERPRISES CORPORATION ("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 a property within a designated urban revitalization area of the City, 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 § 404.3C, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $2,250,000.00 (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, Page 109 of 228 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 § 404.3C 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 2 Page 110 of 228 (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 111 of 228 CITY OF WATERLOO, IOWA ET ENTERPRISES CORPORATION By: By: David Boesen, Mayor Apham Nnaji (CEO) By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this day of , 2026, before me, a Notary Public in and for the State of Iowa, personally appeared David Boesen 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. STATE OF COUNTY OF Notary Public ) ss. Subscribed and sworn to before me on , 2026 by Apham Nnaji as CEO of ET Enterprises Corporation. Notary Public 4 Page 112 of 228 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 upon completion of the improvements to be made on it, certifies that the actual value assigned to the land and improvements upon completion shall not be less than Two Million Two Hundred Fifty Thousand and 00/100 Dollars ($2,250,000.00) 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 , 2026 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 113 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE Resolution approving an Amendment to the Development Agreement, originally executed May 20, 2024, with Iowa Heartland Habitat for Humanity, to extend the deadline for completion of 516 Pine Street to January 20, 2028, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Iowa Heartland Habitat for Humanity is asking for an Amendment to the Development Agreement for 516 Pine Street to extend the deadline for completion to January 20, 2028. The rehabilitation of this structure is taking longer than initially expected due to the Historic Tax Credit process. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuissance Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION The East 40 feet of the North 75 feet of Lot No. 6 in Block No. 72 in The Cooley Addition to Waterloo, Iowa, and a tract of land adjoining described as follows, to -wit: commencing at the Northeast corner of said Lot. No 6; thence East 10 feet; thence South 75 feet; thence West 10 feet; then North 75 feet Page 114 of 228 to the place of beginning. ATTACHMENTS 1. 1st Amendment to DA - Habitat - 516 Pine 2. Habitat - DA (516 Pine) - 5.6.2024 (RECORDED) Page 115 of 228 Prepared By: Lexi Schneider, City of Waterloo 715 Mulberry St, Waterloo, IA 50703 : 319-291-4366 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2026 by and between Iowa Heartland Habitat for Humanity (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated May 20, 2024 (the "DA"), recorded with the Black Hawk County Recorder as File No. 2024-17468. B. The parties desire to amend the DA as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The deadline for completion of the Improvements as stated in Section 3 of the DA, or as stated elsewhere in the DA, is hereby amended to be January 20, 2028. 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. This Amendment may be executed in multiple counterparts. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. [signatures on next page] Page 116 of 228 Page 2 IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: By: David Boesen, Mayor Ali Parrish, Executive Director Attest: Kelley Felchle, City Clerk Page 117 of 228 2024-17468 RECORDED: 07/17/2024 03:32:16 PM RECORDING FEE: $57.00 REVENUE TAX: $ COMBINED FEE: $57.00 SANDIE L. SMITH, RECORDER BLACK HAWK COUNTY, IOWA Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of May 20, 2024 , by and between Iowa Heartland Habitat for Humanity ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City owns real property at 516 Pine Street, Waterloo, Iowa (the "Property"), which is legally described as set forth on Exhibit "A" attached hereto. Company desires to undertake a project on the Property. B. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, concitions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and rigt-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. Page 118 of 228 2. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. At its own cost Company shall renovate the existing structure to create a single-family dwelling to a finished state, including sidewalk, garage and driveway if feasible, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin renovation of the dwelling within four (4) months after receiving title to the Property (the "Project Start Date") and must Substantially Complete construction within twelve (12) months after commencing construction (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. 2 Page 119 of 228 B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 13, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 13, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 4. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 3, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of 3 Page 120 of 228 indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 within thirty (30) days after Company has Substantially Completed the Improvements and has obtain final inspection on all permits obtained for the Project. 7. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 8. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would 4 Page 121 of 228 not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. 5 Page 122 of 228 E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company 1) files any petition in bankruptcy or for any reorganization, arrangernent, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property; or E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 6 Page 123 of 228 13. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City tc Company before the date of termination or to recover ownership of the Properly as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 14. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's acquisition of same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be on or about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. 7 Page 124 of 228 B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without suci promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or 8 Page 125 of 228 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: QIe/ tz -si-L— fi'; By: Quentin Hart, Mayor Ali Parrish, Executive Director Attest: Kerley 'Fe[ch[e Kelley Felchle, City Clerk 10 Page 126 of 228 certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. (b) if to Company, at 803 W. 5th Street, Waterloo, Iowa 50702, Attention: Executive Director. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if -nailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 9 Page 127 of 228 EXHIBIT "A" Property Description The East 40 feet of the North 75 feet of Lot No. 6 in Block No. 72 in The Cooley Addition to Waterloo, Iowa, and a tract of land adjoining described as follows, to -wit: commencing at the Northeast corner of said Lot No. 6; thence East 10 feet; thence South 75 feet; thence West 10 feet; then North 75 feet to the place of beginning. Page 128 of 228 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of May 20, 2024 , by and between Iowa Heartland Habitat for Humanity ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City owns real property at 516 Pine Street, Waterloo, Iowa (the "Property"), which is legally described as set forth on Exhibit "A" attached hereto. Company desires to undertake a project on the Property. B. City considers development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. Page 129 of 228 2. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. At its own cost Company shall renovate the existing structure to create a single-family dwelling to a finished state, including sidewalk, garage and driveway if feasible, and shall be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin renovation of the dwelling within four (4) months after receiving title to the Property (the "Project Start Date") and must Substantially Complete construction within twelve (12) months after commencing construction (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. 2 Page 130 of 228 B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 13, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 13, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 4. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 3, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of 3 Page 131 of 228 indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. City Incentives. To aid the Project, City agrees to provide the following assistance: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 within thirty (30) days after Company has Substantially Completed the Improvements and has obtain final inspection on all permits obtained for the Project. 7. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 8. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would 4 Page 132 of 228 not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. 5 Page 133 of 228 E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property; or E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 6 Page 134 of 228 13. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 14. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's acquisition of same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be on or about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. 7 Page 135 of 228 B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or 8 Page 136 of 228 certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. (b) if to Company, at 803 W. 5th Street, Waterloo, Iowa 50702, Attention: Executive Director. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 9 Page 137 of 228 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT FOR HUMANITY By: QUeft-atz Quentin Hart, Mayor Attest: ?.e[Cey Felchle Kelley Felchle, City Clerk By: Ali Parrish, Executive Director 10 Page 138 of 228 EXHIBIT "A" Property Description The East 40 feet of the North 75 feet of Lot No. 6 in Block No. 72 in The Cooley Addition to Waterloo, Iowa, and a tract of land adjoining described as follows, to -wit: commencing at the Northeast corner of said Lot No. 6; thence East 10 feet; thence South 75 feet; thence West 10 feet; then North 75 feet to the place of beginning. Page 139 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE Resolution approving a Development Agreement with Jeffrey P. Weber and Denise K. Weber, for the construction of a new single-family home on an infill lot located at 610 Burbank Avenue, including a $5,000.00 infill incentive upon substantial completion, 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 Jeffrey P. Weber and Denise K. Weber, for the construction of a new single-family house on an infill lot, located at 610 Burbank Avenue, including a $5,000.00 infill incentive upon substantial completion, and authorizing Mayor and City Clerk to execute said document. A new home is currently under construction, and the previous home burnt down after the large windstorm that occurred in July of last summer. When the property owner turned in their application for the CLURA tax abatement program, they were made aware of the infill incentive that is available. The new home will have an approximate value of $285,000.00. NEIGHBORHOOD IMPACT The owners of the property chose to rebuild their home on the same lot where they have lived since 1994. DATA, ANALYSIS, AND STRATEGIES The City of Waterloo adopted the Infill Policy standards to help develop empty parcels of lands in older neighborhoods for added investment to neighborhoods already served by all needed infrastructure as part of the City's Smart Growth goals and policies. There was a home there previously, however, the policy provides an incentive in developed neighborhoods. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 140 of 228 Nuisance/Housing Bonds. The total expenditure is $5,000.00. ALTERNATIVE ACTION LEGAL DESCRIPTION Crestview Subdivision, Lot 70, Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Development Agreement 2. Aerial Map Page 141 of 228 Preparer: Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 After recording, return to Community Planning & Development City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2026 by and between Jeffrey P. Weber and Denise K. Weber ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer is willing and able to finance and construct a single-family dwelling and related improvements on property located in the City of Waterloo as an infill lot in an established residential neighborhood, as described on Exhibit "A" attached hereto (the "Property"). B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) is being undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Property Preparation. Developer is the owner of certain property legally described in Exhibit "A" (the "Property"). Developer shall, at its own expense, demolish any existing structures, remove trees on the Property that will interfere with the improvements (defined below) or construction of same, remove and properly dispose of debris, and otherwise prepare site for construction. 2. Improvements by Developer. Developer shall construct at its own expense on the Property one (1) single-family home as further described and depicted in Exhibit "B" attached hereto, consisting of approximately 1,400 square feet and an 1 Page 142 of 228 attached garage of approximately 550 square feet, having an estimated value of $285,000.00 upon completion. The Improvements shall be completed to a finished state, including installation of paved driveway, removal of all construction debris, proper leveling or shaping of groundscape and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer shall submit specific building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Developer under this Agreement are collectively referred to as the "Project". 3. Development Property and Improvements. Developer owns the Property and has undertaken the Project (defined below) thereon. Developer has begun construction upon the Property of 1,434 square foot single-family dwelling and 572 square foot attached garage, as well as paving (collectively, the "Improvements"). Developer represents and warrants that the Improvements have been constructed in accordance with the terms of this Agreement, and all applicable City, state, and federal building codes, ordinances and other applicable law. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project." 4. Indemnity. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Developer's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attach to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Developer will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 2 Page 143 of 228 6. Incentives. To aid in the Project, City will provide the following incentives: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Developer a grant of $5,000.00 (the "Infill Grant") within ninety (90) days after Improvements have been verified by City as Substantially Completed. B. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided Developer or its successor in title meets all requirements to qualify for such exemption. 7. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Developer with respect to construction of the Improvements. B. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. C. Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's completion of the Improvements and of which Developer notifies City before Developer executes any such mortgage. Developer may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 9. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project thereon, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent 3 Page 144 of 228 shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. It is under no legal disability, is not the subject of a current or pending action in any court of law to have guardian or conservator appointed with respect to its person or affairs, has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. B. This Agreement has been duly and validly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Developer that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. C. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Developer or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. D. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 4 Page 145 of 228 12. Indemnification and Releases. A, Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any Toss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its employees, contractors or agents, or any other person who may be about any of the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Developer's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; 5 Page 146 of 228 D. Developer (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. E. Any representation or warranty made by Developer in this Agreement or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 14. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Developer before the date of termination. B. Default by City. Whenever any Event of Default in respect of Developer occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Developer that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in 6 Page 147 of 228 exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 15. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at 610 Burbank Avenue, Waterloo, Iowa 50701, Attention: Owner Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (il) 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 7 Page 148 of 228 written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. if a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. 8 Page 149 of 228 IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: B David Boesen, Mayor Attest: Kelley Felchle, City Clerk B enise K. TT 'er, D: veloper PERSONAL GUARANTY. The undersigned members and/or managers of Developer 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 Developer, its successors and assigns, of all promises and covenants an the part of Developer to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. tcP. Weber 9 DEE PAULSEN Commission Number 790190 My Commission Expires ow► May 28, 2027 Page 150 of 228 EXHIBIT "A" Description of Property Crestview Subdivision, Lot 70, Waterloo, Black Hawk County, Iowa 1 Page 151 of 228 See attached. EXHIBIT "B" House Plans 1 Page 152 of 228 BURBANK AVE COMM. PR. OECIDUOS TREE EXISTING HOUSE FOOTPR NT 11,5 CURB STOP L-1f 20' FRONT SETBACK 67.08' — 20,007T ! 1 �� lI l .. 1 i n , 1 .5' - 8 -• a ;pu OL' OU OVERHEAD ELECTRIC 66.99' BREWER CIVIL, LLC 12643 WAVE. CEDAR FALLS, IA 50613 PHONE: (319) 575-2725 13,67' (Pi 1 24.00 2S'[AL GATINGE 19.33' NoRTI-IBROOK II DECIDUOS TREE 20' REAR SETBACK • 40.00' 15.5' COMM. PED. 11.5s 11.5' -� LOT 70 1;1USTING --a-- to -cr -- — —� 0U iN 7 EXISTING PCC DRIVEWAY SCALE 1"=20' 0 20' LOT 70 CRESTVIEW SUBDIVISION WATERLOO, IA 610 BURBANK AVE. Page 153 of 228 'NNOTES"'* Ceiling Height: 61-i/8" & 9'1-1/8" Living Room - See window schedule for R.O's - See cabinetry details per cabinet supplier eo.e Mkt FOODLAMED ' T ,a.r. .. utNINQ i IIIMM r,�T e ' S4. I ©q - IP !ems{ •pAMK-1Y .1114 L11/INGR4O [... im Ydy I� 1 a ` - PRIMARY BROOM O- axa -ir I. { 111 �y t[OA BEDROOM 42 all 5; GARAGE x z ZCAR TM' 05:•.4. f , %as IC Cr O,D saIM IRV nir rxq Y 74 ati -rP 1AT ,air BUILDERS SELECT wr�yrray.r,..os�^ 2120 Nsaln5 ruet Coda. Falz. LA 319-2662659 Ct TOMat sTAMDATL 2025 LAST UPDATED': io-2-2025 r1.042O75 rearwMtlew chary® DRAYANGTYPE 434 SQ. F. MAIN FLOOR Page 154 of 228 'NOTES' - Foundation Height: 8`-0" - See window schedule for R.O's See cabinetry details per cabinet supplier .ra M4 zr irr ....-- ........... _ 1 . BEDROOM. #4 `. 4 • {4 ...i-. ,4s .r 1 RECREAT1ONq 'C4 FAMILY ROOM I. M '-` 11, + rx La r4 , STORAGE 16. . ti . � U C — +24 ua. r4 � rx BUILDERS SELECT 2720Maln Sleet Ced Raft. IA 8114266.266E C tZTON START DATE Z25 LAST' UPDATED: i9-8P2.725 rOZAWNG TYPE 612 SQ. FT. RNISHED Excludes Stows. bathraam & Storage areas Page 155 of 228 aP: n112 of (LI On . as,VA1 N] 1 F# tr C I L V4Tk I { ■.I I.. MIN ME■ MO •M■ a== MI e :: .r ie 13.4141" CL.GVAT10N 0.1 w BUILDERS SELECT 'Fnry AlCW -.M[W ,A(1mlllwwl' 2120 Mcfn Street Coder Fah. VA 31P•266.2668 CUSTOMER: START DATE: 2025 LAST UPDATED: 10.26407E 10.70.202E DRAWING TYPE ELEVATIONS Page 156 of 228 RAISED REAR WALL HEEL #..o�:AWCAPA.. trrOemvoww l.We Ia1r.TW �liwWYwtlo®t MiMV.3OIMtraCA aAPR Wiererrecoe 7), xx.awatrcc neaer�.9w aiax nAcwreal rcommix ww, eta YJ[n paYm}yrl4ti ',nowt CA wionswlacrrtlWl uN�Y LP. 41. ttl FPCR�•+N11CLYf0 ulftwroc asiWelINrw:. SHIP.. WALL SECTION - NOT TO SCALE BUILDERS SELECT 2 2OMOMSteer Cedar Falls IA 319.266-2668 CUSTOMIIt t`LI = CD 009 roa Amu_ 1 se START OATS 2 2S LAST UPDATED: 1D.2B•20Z5 10 30-2g2.S AW.wLNG TYPE ROOF OVERVIEW Page 157 of 228 V Pictoinetry Imagery Address Change Tax Estimator WEBER. JEFFREY P [Deed) WEBER. DEN ISE 1{ Weed) 410 BJRBANKAVE Value 51.90,120 View: Port I Pictome,:ry I ma g&r,1[ Add ressaanize1 Ge Maps B. It onnmata. nil flr,r r.WFRFI IF FFRFV P Page 158 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Kelley Felchle, City Clerk January 20, 2026 City Clerk Department AGENDA ITEM TITLE Resolution approving filling the Ward 2 vacancy by special election. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Council Vacancy Memo FINAL 12-30-2025 Page 159 of 228 CITY QF %VJ4TERLOO �ommun;tYo,OpPort,n.ry MEMO To: Council Members and Mayor Boesen From: Kelley Felchle cc: Date: December 30, 2025 Re: Council Vacancy On January 2, 2026, the Ward 2 council seat officially becomes vacant as Mr. Boesen takes his seat as Mayor of the City of Waterloo. When a vacancy occurs, council must take steps to fill the position either by appointment or special election. Time constraints, cost, and process are important to consider with either option. Below is an explanation of both methods for filling the vacancy. Appointment To fill the vacancy by appointment, council must begin the process by publishing notice of filling the vacancy in this manner. Notice must be published in the paper not less than four and not more than twenty days prior to the date council considers the appointment. The publication must also notify city residents of the right to request a special election by filing a petition. Council can determine its own process for identifying potential candidates but must make an appointment within 60 days of the date the vacancy occurs. If council fails to appoint a replacement within 60 days, the city clerk must give notice of the vacancy to the county auditor. The county auditor must then call for a special election at the earliest practicable date but no sooner than 32 days after the notice from the city clerk was received. Residents of Ward 2 can petition to fill the vacancy by special election rather than by appointment. The petition must be filed with the city clerk within 14 days after publication of notice of intent to appoint or within 14 days after the appointment is made, whichever is later. The petition must contain a sufficient number of signatures of eligible electors of the ward. In this case, a minimum of 127 signatures (10 percent of the votes for Ward 2 councilmember in the previous city election). Page 160 of 228 Special Election If council chooses to call a special election the city clerk must give written notice to the county auditor. The county auditor must call for a special election at the earliest practicable date but no sooner than 32 days from the date the notice was received by the county auditor. The earliest practicable date a special election could occur is February 24, 2026. However, to potentially save on cost, we may consider holding the election on Tuesday, March 4, since that is already a scheduled special election date. If a runoff were necessary, it would occur on a Tuesday, four weeks after the election. Costs The county auditor will charge a fee for holding the special election and a runoff election for filling the Ward 2 vacancy. The election budget is $65,000. The cost for the November 4, 2025, election was $32,500 and the runoff election cost was $26,177.46. The estimated cost of a special election would be $5,000-$6,000. Including the estimate for a Ward 2 special election, we would have just enough budget available to cover the cost of the election. In the event the special election went to a runoff, we would go over budget. Next Steps Council will vote on filling the vacancy at the January 20, 2026 council meeting. The action will be presented on the agenda based on council feedback from the January 5, 2026, work session. 2 Page 161 of 228 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE Resolution approving a Cooperative Agreement with the Iowa Department of Transportation, up to a maximum DOT contribution of $500,000.00, in conjunction with the FY 2026 South Waterloo Business Park - Phase I, Contract No. 1129, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The City will be reconstructing a portion of Ansborough Avenue from the Hwy 20 eastbound off -ramp, to approximately 1,400 feet south. The work will install a roundabout at the intersection of Ansborough Avenue and the eastbound off -ramp of Hwy 20 along with adding turn lanes on Ansborough Avenue for access onto Dakota Drive in the South Waterloo Business Park. The agreement provides up to $500,000 in Iowa Department of Transportation funds for the construction of the roundabout. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 162 of 228 LEGAL DESCRIPTION ATTACHMENTS 1. 2026-16-051 Waterloo Final Page 163 of 228 November 2025 IOWA DEPARTMENT OF TRANSPORTATION Cooperative Agreement For Primary Road Project County Black Hawk City Waterloo Project No. NHSN-020-6(088)--2R-07 RM-8155(789)--9D-07 Iowa DOT Agreement No. Staff Action No. 2026-16-051 This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the city of Waterloo, Iowa, a Local Public Agency, hereinafter designated the "LPA", in accordance with Iowa Code Chapters 28E.12, 306, 306A and 313.4, as applicable; The LPA proposes to establish or make improvements to U.S. 20 within Black Hawk County, Iowa; and The LPA and the DOT are willing to jointly participate in said project, in the manner hereinafter provided; and The LPA and the DOT previously entered into the following Agreements for the above referenced project: Funding Source Agreement No. Project No. Full Execution Date RISE 2025-R-005 RM-8155(789)--9D-07 April 30, 2025 RISE 2005-R-005-1 RM-8155(789)--9D-07 September 25, 2025 This Agreement reflects the current concept of this project which is subject to modification only by mutual Agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The LPA shall be the lead local governmental agency for carrying out the provisions of this Agreement. b. All notices required under this Agreement shall be made in writing to the DOT's and/or the LPA's contact person. The DOT's contact person shall be the RISE & FLAP Program Manager, Jennifer Kolacia. The LPA's contact person shall be the City Engineer, Jamie Knutson. c. The LPA shall be responsible for the development and completion of the following described primary highway project: Reconstruction of the eastbound ramps at the U.S. 20 and Ansborough Avenue interchange in the city of Waterloo. A new roundabout will be constructed at the terminal of the ramp. See Exhibit A for project location. d. All storm sewers, located within DOT right of way, that are constructed as part of the project shall become the property of the LPA, which shall be responsible for their maintenance and operations. The LPA shall not make any connections to said storm sewers without the prior written approval of the DOT. The LPA shall prevent use of such storm sewers as a sanitary sewer. e. Upon completion of construction, the LPA agrees to retain ownership and jurisdiction of the following referenced improvements as identified below. The LPA shall also assume responsibility for all future 2026-16-051_Waterloo 1 Page 164 of 228 November 2025 maintenance operations associated therewith, all at no additional expense or obligation to the DOT: i. All work performed outside of DOT right of way. 2. Project Costs a. The LPA was awarded a grant through the Revitalize Iowa's Sound Economy (RISE) fund by the Transportation Commission on December 10, 2024 (Agreement No. 2025-R-005). The RISE award was subsequently amended and approved by the Transportation Commission on May 13, 2025 (Agreement No. 2025-R-005-1). b. The RISE funding shall be utilized towards Division 1 and Division 2 project costs (see Exhibit B). c. The RISE funding shall be reimbursed to the LPA by the DOT at a ratio of 60% RISE funds / 40% matching funds. The 40% matching funds for Division 1 construction costs shall be divided equally (20% each) between the DOT and LPA, up to a maximum DOT contribution of $500,000. The LPA shall be responsible for any remaining matching funds for Division 1 that exceed the DOT contribution limit, all matching funds for Division 2, and 100% of the project costs for Division 3, as well as any project costs that exceed the RISE or DOT funding limits. 3. Environmental, Right of Way, Permits, Utilities, and Other Requirements a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Work Within the Right of Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, or other construction permits required for the project prior to the start of construction. Neither the approval of funding nor the signing of this Agreement shall be construed as approval of any required permit from the DOT. b. The LPA shall obtain all project permits and/or approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, and/or other State or Federal agencies as may be required. c. If right of way is required for the project, the LPA shall acquire the necessary right of way in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. The LPA shall submit preliminary right of way plans to the DOT's Right of Way Bureau (Property Management LPA Coordinator) for review and approval prior to the commencement of any acquisition negotiations. Additionally, the portions of right of way acquired for improvements to the Primary Road System shall be acquired in the name of the State of Iowa, for the use and benefit of the DOT. The LPA shall be responsible for closing the real estate transaction for each parcel, disbursing funds to sellers, and obtaining all necessary documents required to clear title to the land acquired per Iowa Land Title Standards and the current Iowa DOT Right of Way Manual. The LPA shall also be responsible for filing all conveyance and title clearing documents with the County Recorder and shall provide the DOT Right of Way Bureau with copies of all completed purchase agreements/contracts, deeds, easements, condemnation documents, and acquisition plats (for State of Iowa right of way) upon completion of the right of way activities. The LPA, or the LPA's closing agent, shall be responsible for preparing and filing Form 1099-S (Proceeds from Real Estate Transactions) with the Internal Revenue Service for all reportable real estate transactions pursuant to current IRS requirements. d. If the project requires utility relocations, subject to the approval of and without expense to the DOT, the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments, or removals of existing utility facilities, including but not limited to power, telephone lines, fiber optic lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or 2026-16-051_Waterloo 2 Page 165 of 228 November 2025 publicly owned, and all parking meters, traffic signals, and other facilities or obstructions which are located within the limits of an established street or alley, and which shall interfere with construction of the project and the clear zone. All utility relocations located within primary highway right of way shall be accomplished in accordance with the DOT's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115. e. Subject to the provisions hereof, the LPA, in accordance with 761 Iowa Administrative Code Chapters 150.3(1)c and 150.4(2), shall remove or cause to be removed all encroachments or obstructions in the existing primary highway right of way. The LPA shall also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. f. With the exception of service connections, no new or future utility occupancy of primary highway right of way, nor any future relocations of or alterations to existing utilities within said right of way (except service connections), shall be permitted or undertaken by the LPA without the prior written approval of the DOT. All work shall be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. 4. Project Design a. The LPA or its consultant shall be responsible for the design of all proposed improvements. b. Portions of the project located within DOT right of way shall be designed in accordance with the DOT's Design Manual, Standard Road Plans, and Standard Specifications. c. The project plans, specifications, and engineer's cost estimate shall be prepared and certified by a Professional Engineer licensed to practice in the State of Iowa. d. All proposed highway or street improvements shall be designed using the American Association of State Highway and Transportation Officials (AASHTO) "Policy on Geometric Design of Highways and Streets" (latest edition), or other equivalent generally recognized engineering or safety standard, criteria, or design theory. e. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and Highways", published by the U.S. Department of Transportation, Federal Highway Administration, and as adopted by the DOT per 761 Iowa Administrative Code, Chapter 130. 5. Bid Letting a. The plans, specifications, and other contract documents for each division must be submitted to the DOT for review at least fourteen weeks prior to the project letting of each division. b. For portions of the project let to bid, the LPA shall conduct the project bid letting in compliance with applicable laws, ordinances, and administrative rules. The LPA shall advertise for bidders, make a good faith effort to obtain at least three (3) bidders, hold a public letting, and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The LPA shall provide the DOT file copies of project letting documents within five (5) days after the letting. c. The LPA shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The LPA shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The LPA shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. d. The LPA shall be the contracting authority for the project. 2026-16-051_Waterloo 3 Page 166 of 228 November 2025 6. Construction and Maintenance a. The LPA shall be responsible for the daily inspection of the project, including the compilation of a daily log of materials, equipment, and labor used on the project. b. The LPA shall comply with the procedures and responsibilities for materials testing and construction inspection. c. The work on this project shall be in accordance with the approved plans and specifications. Any substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. d. New lighting construction for this project shall be as provided under guidelines established in 761 Iowa Administrative Code Chapter 150. If constructed, the LPA shall accept ownership of and responsibility for future energy and maintenance costs of those lighting units which lie within the corporate boundaries. e. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval of the DOT. f. After the project construction is complete, and prior to final acceptance of the project by the DOT, the LPA shall furnish one set of as -built plans to the DDT's contact person. g. Future maintenance of the primary highway within the project area shall be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. 7. Traffic Control a. U.S. 20 through -traffic shall be maintained during the construction. The U.S. 20 eastbound off and on ramps (Ramp B and Ramp D) at the Ansborough Avenue interchange shall be detoured off the project. The detour shall be installed and maintained by the LPA. Additionally, the LPA shall be responsible for any damages that may occur along the proposed detour route(s). b. The LPA shall temporarily close the U.S. 20 eastbound off and on ramps at the Ansborough Avenue interchange by formal action in accordance with Iowa Code section 306.41. The LPA shall erect and maintain signs within its jurisdiction, consistent with Part 6 of the "Manual on Uniform Traffic Control Devices," as necessary to direct traffic to and along said detour route during the construction period. The LPA shall also remove said signs when the detour is discontinued. Details shall be shown on the traffic control sheet(s) within the project plans. c. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" as per 761 Iowa Administrative Code Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices including but not limited to fences, barricades, signs, flood lighting, and warning lights as necessary. 8. Payments and Reimbursements a. The LPA shall be responsible for making initial payments to the property owner(s), consultant(s), and contractor(s) for all project costs incurred in the development and construction of the project. After payments have been made, the LPA may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a Professional Engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been paid in full and completed in substantial compliance with the terms of this Agreement. 2026-16-051_Waterloo 4 Page 167 of 228 November 2025 b. The DOT shall reimburse the LPA for properly documented and certified claims for eligible project costs. The DOT may withhold up to 5% of the Federal and/or state share of construction costs, either by state warrant or by crediting other accounts from which payment may have been initially made. If upon final audit the DOT determines the LPA has been overpaid, the LPA shall reimburse the overpaid amount to the DOT. After the final audit or review is complete, and after the LPA has provided all required paperwork, the DOT shall release the Federal or state funds withheld. c. Upon completion of the project, a Professional Engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this Agreement. Final reimbursement of state and/or Federal funds shall be made only after the DOT accepts the project as complete. 9. General Provisions a. The LPA shall maintain records, documents, and other evidence in support of the work performed under the terms of this Agreement. All accounting practices applied and all records maintained shall be in accordance with generally accepted accounting principles and procedures. Documentation shall be made available for inspection and audit by authorized representatives of the DOT and/or the Federal Highway Administration (FHWA), or their designees, at all reasonable times. The LPA shall provide copies of said records and documents to the DOT upon request. The LPA shall also require its contractors to permit authorized representatives of the DOT and/or the FHWA to inspect all work materials, records, and any other data with regard to Agreement related costs, revenues and operating sources. For Federal -aid projects, such documents shall be retained for at least three (3) years from the date of FHWA approval of the final amendment/modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the DOT shall notify the LPA of the record retention date. For State -aid projects, such documents shall be retained for at least three (3) years from the date of receiving the final reimbursement. b. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project, and the FIS is modified, amended, or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment, or revision to the DOT. If the LPA does not have a detailed FIS for an area which is affected by the proposed Primary Highway project, and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. c. In accordance with Title VI of the Civil Rights Acts of 1964 and Iowa Code Chapter 216 and associated subsequent nondiscrimination laws, regulations and executive orders, the LPA shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, national origin, religion, pregnancy, or disability. d. The LPA shall use positive efforts to solicit proposals or bids from and to utilize Targeted Small Business (TSB) enterprises as consultants or contractors and ensure that the consultants or contractors make positive efforts to utilize these enterprises as subconsultants, subcontractors, suppliers or participants in the work covered by this Agreement. Efforts shall be made and documented in accordance with Exhibit C which is attached hereto and by this reference incorporated into this Agreement. e. The LPA agrees to indemnify, defend, and hold harmless the DOT from any action or liability arising out of all design, construction, maintenance, placement of traffic control devices, inspection, operation, and use of the improvements resulting from this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. f. If any part of this Agreement is found to be void and unenforceable then the remaining provisions of this Agreement shall remain in effect. 2026-16-051_Waterloo 5 Page 168 of 228 November 2025 g• This Agreement is not assignable without the prior written consent of the DOT. h. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. i. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements shall remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2026-16-051 as of the date shown opposite its signature below. CITY OF WATERLOO: By: Date , 20_ Title: Mayor , certify that I am the Clerk of the City, and that who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the day of , 20_ Signed: City Clerk of Waterloo, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 20_ Nickolas J Humpal, P.E. District Engineer District 2 2026-16-051_Waterloo 6 Page 169 of 228 Not to Scale ai omMilar momms. .■■■•■■■AK- iiiiiii! sink anamosiminep NIMMEMMEMIMIir LOCATION MAP EXHIBIT A RAMP A BEGIN PROJECT STA 1034+42.46 RAMPA END PROJECT STA 1036+62.46 ANSBOROUGH AVE END PROJECT STA 137+49.64 ANSBOROUGH AVE DIVISION POINT 130+05.57 ANSBOROUGH AVE BEGIN PROJECT STA 120+06.57 FILE NO. - ENGLISH DESIGN TEAM AECOM CITY OF WATERLOO COUNTY PROJECT NUMBER RM-8155(789)--9D-07 SHEET NUMBER A.2 4:28:00 PM 11/4/2025 AdhikariR 2026-16-051 Waterloo pw:\\aecom-na-pw.bentley.com:AECOM USA Iowa\Documents\60701559-WAT South Business Park\900-CAD GIS\CADD Files\Sheet Files\AO1 SBP.dgn Page 170 of 228 IFILE NO. - I ENGLISH 3:01:13 PM 11/4/2025 AdhikariR 2026-16-051 Waterloo DESIGN TEAM AECOM - va 1 J DAKOTA DRIVE NOT TO SCALE CITY OF WATERLOO coon, PROJECT NUMBER RM-8155(789)--9D-07 SHEET NUMBER D.2 IE OVERALL PLAN pw:\\aecom-na-pw.bentley.com:AECOMUSA Iowa \Documents\60701559-WAT South Business Park\900-CAD GIS\CADDFiles\Sheet_Files\D02_Overall PlanSBP.dgn Page 171 of 228 EXHIBIT B ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS RM-8155(789)--9D-07 HWY 20 AND ANSBOROUGH AVE RECONSTRURCTION WATERLOO, IOWA November 5, 2025 Division 1 IDOT and RISE - Roundabout Division 2 RISE - Ansborough Ave South of Roundabout Division 3 Non -Participating - US 20 Ramp A/Gateway Signage/Detention Basin Item No. Item Code Item Unit Unit Price Quantity Cost Division 1 Division 2 Division 3 Total Division 1 Division 2 Division 3 Total I 1 2101-0850001 CLEARING AND GRUBBING ACRE $5,000.00 0.6 0.6 $ 3,000.00 $3,000.00 2 2102-2710070 EXCAVATION, CLASS 10, ROADWAY AND BORROW CYO $5.00 58108.0 4654.0 62762.0 $ 290,540.00 $ 23,270.00 $313,810.00 3 2102-2710090 EXCAVATION, CLASS 10, WASTE CY $8.00 41942.7 41942.7 $ 335,541.60 $335,541.60 4 2105-8425015 TOPSOIL, STRIP, SALVAGE AND SPREAD CY $7.00 9475.7 2490.2 436.1 12402.0 $ 66,329.90 $ 17,431.40 $ 3,052.70 $86,814.00 5 2115-0100000 MODIFIED SUBBASE CY $45.00 3754.1 1531.5 137.1 5422.7 $ 168,934.50 $ 68,917.50 $ 6,169.50 $244,021.50 6 2122-5190010 PAVED SHOULDER, P.C. CONCRETE, 10 IN. SY $55.00 760.5 97.9 858.4 $ 41,827.50 $ 5,384.50 $47,212.00 7 2301-0690203 BRIDGE APPROACH, BR-203 SY $250.00 262.0 262.0 $ 65,500.00 $65,500.00 8 2301-1033080 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C, CLASS 3 DURABILITY, 8 IN. SY $55.00 755.4 4063.9 4819.3 $ 41,547.00 $ 223,514.50 $265,061.50 9 2301-1033100 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C, CLASS 3 DURABILITY, 10 IN. SY $65.00 7790.0 240.0 8030.0 $ 506,350.00 $ 15,600.00 $521,950.00 10 2401-7207010 REMOVAL OF CONCRETE SY $25.00 8362.0 1686.4 245.0 10293.4 $ 209,050.00 $ 42,160.00 $ 6,125.00 $257,335.00 11 2416-0100015 APRONS, CONCRETE, 15 IN. DIA. EACH $1,700.00 6 6 $ 10,200.00 $10,200.00 12 2416-0100024 APRONS, CONCRETE, 24 IN. DIA. EACH $2,000.00 8 2 10 $ 16,000.00 $ 4,000.00 $20,000.00 13 2416-0100030 APRONS, CONCRETE, 30 IN. DIA. EACH $2,100.00 4 4 $ 8,400.00 $8,400.00 14 2416-1160015 CULVERT, CONCRETE ENTRANCE PIPE, 15 IN. DIA. LF $60.00 102.0 102.0 $ 6,120.00 $6,120.00 15 2416-1240030 CULVERT, 3000D CONCRETE ROADWAY PIPE, 30 IN. DIA. LF $160.00 462.0 462.0 $ 73,920.00 $73,920.00 16 2435-0250900 INTAKE, SW-509 EACH $9,500.00 15 4 19 $ 142,500.00 $ 38,000.00 $180,500.00 17 2435-0251100 INTAKE, SW-511 EACH $7,000.00 1 1 $ 7,000.00 $7,000.00 18 2503-0114224 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 24 IN. LF $150.00 1500.0 1050.0 2550.0 $ 225,000.00 $ 157,500.00 $382,500.00 19 2599-9999010 GATEWAY SIGNAGE ('LUMP SUM' ITEM) LS $130,000.00 1.00 1.00 $ 130,000.00 $130,000.00 20 21 LIGHTING % 8% 8% 0% $ 148,711.91 $ 46,543.47 $ - $195,255.38 22 EROSION CONTROL % 3% 3% 20% $ 60,138.32 $ 18,850.11 $ 103,638.66 $182,627.09 23 MOBILIZATION % 5% $ 88,710.46 $ 31,195.85 $ 31,091.60 $150,997.90 26 CONTINGENCY % 15% $ 279,437.94 $ 98,266.92 $ 47,607.29 $425,312.16 27 28 DIVISION 1 ESTIMATE CONSTRUCTION COST DIVISION 2 ESTIMATE CONSTRUCTION COST DIVISION 3 ESTIMATE CONSTRUCTION COST $2,435,897.53 $776,649.75 $700,530.85 TOTAL ESTIMATE CONSTRUCTION COST $3,913,078.13 2026-16-051_Waterloo Page 172 of 228 December 2024 EXHIBIT C UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it is the policy of the DOT that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Refer to Local Systems I.M. 5.020 for additional information. Under this policy the LPA shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The LPA shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The LPA's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515-348-6200) or from its website at: https://www.iowaeda.com/small-business/targeted-small-business/ 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the LPA. This contract provision is available in Local Systems I.M. 5.020. b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The LPA shall provide the DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the LPA's positive efforts and it should be placed in the project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. Form 260017 "Checklist and Certification for the Utilization of Targeted Small Businesses (TSB)" shall be filled out upon completion of each project. https://iowadot.seamlessdocs.com/f/ChecklistandCertforUtilizationofTSBonNonFederalProjects. 2026-16-051 Waterloo Page 173 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE An ordinance amending the City of Waterloo Code of Ordinances by Amending Chapter 4, Plumbing Regulations, of Title 9, Building Regulations. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Section 9-4-7: Installation By Owner is amended by adding the following subsection: If at any time during the permit or inspection process, the chief plumbing inspector determines the homeowner is unqualified to perform the plumbing work, the homeowner will be required to hire a licensed plumbing contractor to perform the plumbing work. Article A 2021 Plumbing Code is amended by changing to 2024 Plumbing Code. 9-4A-1 Uniform Plumbing Code Adopted amended 2015 edition to 2024 edition. Section 715.1.2 is amended by removing any building or structure and replacing with the structure as well as adding or between PVC 23.5 and cast iron soil pipe and removing vitrified clay tile, truss pipe or concrete pipe. Section 603.22 Installation of Backflow Prevention Assemblies under line 10 updated section 302.17 to section 603.2. Added section 1017.4 Fuel Gas Piping. A fullway valve controlling outlets shall be installed on the discharge side of each gas meter and each unmetered gas supply. Gas piping supplying more than one building on one premise shall be equipped with a separate fullway valve to each building, so arranged that the gas supply can be turned on or off to an individual or separate building. Such shutoff valves shall be accessible and on the exterior of the structure. This shall apply to all new construction, re -pipe and gas shut off releases. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 174 of 228 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Full amended Plumbing Ordinance 2024 Page 175 of 228 CHAPTER 4 PLUMBING REGULATIONS SECTION: 9-4-1: Title 9-4-2: Application And Scope 9-4-3: Plumbing Inspector 9-4-4: Defective Work; Unsanitary Conditions 9-4-5: Maintenance And Repairs Of Double Or Multiple House Sewer Connections 9-4-6: Work Requiring Permit Or Approval 9-4-7: Installation By Owner 9-4-8: Notification For Inspection 9-4-9: Applicability To Existing Buildings 9-4-1: TITLE: This chapter shall be known as the WATERLOO PLUMBING CODEand may be so cited and may be referred to hereinafter as "the code" or "this code". (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) 9-4-2: APPLICATION AND SCOPE: The provisions of this chapter shall include and apply to all plumbing work, plumbing installations and plumbing equipment hereinafter installed, constructed, altered, serviced or repaired in, for or about any new, remodeled or relocated building or structure in the city. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) 9-4-3: PLUMBING INSPECTOR: A. Appointment: The plumbing inspector shall be appointed by the mayor and city council after being tested by the civil service commission and upon recommendation by the building official, and shall work under the direction of the building official. B. Qualifications: 1. The appointee shall be a licensed practical journeyman or master plumber with not less than ten (10) years' experience; shall possess a certificate of competency issued by the city or must submit to an examination of competency administered by the city board of Page 176 of 228 plumbing examiners; shall possess a valid driver's license; shall possess such executive ability and requisite for the performance of required duties; shall have thorough knowledge of the standard materials and methods used in the installation and maintenance of plumbing equipment; shall be well versed in improved methods of construction for safety to persons and property, the statutes of the state relating to sanitation and plumbing and any orders, rules and regulations issued by authority thereof and in the Uniform Plumbing Code. 2. The plumbing inspector shall hold a current journeyman plumber's license with the Iowa Department of Public Health division for licensing in the State of Iowa. C. Powers And Duties: 1. The plumbing inspector is empowered to inspect any and all buildings or structures, public or private, and to, as herein provided, condemn, and order removed or remodeled and put into proper and safe condition all plumbing and plumbing related items for the protection of the public health, safety and welfare. 2. The plumbing inspector shall have power under the direction of the building official to exercise judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to matters in this chapter or not specifically covered thereby. 3. The plumbing inspector shall keep records of sewer connections from city main(s) to the property line and from the property line to each building connected to city services. 4. The plumbing inspector shall be the code and administrative authority for the administration of the plumbing code of the city. D. Right Of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this plumbing code, or whenever the plumbing inspector or authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe, the plumbing inspector or authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon by this chapter, provided that if such building or premises be occupied, they shall first present proper credentials and demand entry; and if such building or premises be unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the plumbing inspector or their authorized representative shall have recourse to every remedy by law to secure entry. Page 177 of 228 E. Unlawful Activities: It shall be unlawful for the plumbing inspector to engage in the business of the sales, installation or maintenance of plumbing equipment, either directly or indirectly, and the inspector shall have no financial interest in any concern engaged in such business in the city, at any time while holding office as herein provided for. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) 9-4-4: DEFECTIVE WORK; UNSANITARY CONDITIONS: Whenever it shall come to the knowledge of the plumbing inspector that the plumbing in a building causes a nuisance or may cause disease, sickness, or otherwise becomes a hazard to health, it shall be the duty of said inspector to make an inspection of such plumbing and render a report to the proper party, setting forth the necessary repairs or alterations required to make such plumbing conform to this chapter. The inspector shall set a limit of time in which such repairs or alterations are to be made, and upon the refusal or neglect of the owner, agent, lessee or tenant to comply with said notice within the time stated, the plumbing inspector shall cause such repairs or alterations to be made and such nuisance abated and the expense of such work shall be taxed against such property and become a prior lien thereon; or the inspector may order the premises vacated and closed to further occupancy until such time as the required repairs or alterations have been made. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) 9-4-5: MAINTENANCE AND REPAIRS OF DOUBLE OR MULTIPLE HOUSE SEWER CONNECTIONS: A. When it shall become necessary to make any repairs or to make any replacements or in the event of any cost of maintenance of a double or multiple house sewer between the main sewer and the lot line from which such multiple connections are extended, the owner of each structure, residence or building served by such double or multiple house sewer shall pay their proportionate share of the expenses of such repair, replacement or maintenance cost. Such double or multiple sewer shall be construed to mean from the branch opening where the individual sewers enter the double or multiple house sewer to the point of connection at the city sewer. B. In the event the owner of each structure, residence or building served by such double or multiple house sewer shall fail to maintain or repair the same or to make any replacements in the same and to pay their proportionate share of expense incident thereto, the city shall have the power to order said replacements, repairs or maintenance, as the case may be, and the actual cost thereof shall be assessed against such property by certifying to the county auditor for collection as other special taxes. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) Page 178 of 228 9-4-6: WORK REQUIRING PERMIT OR APPROVAL: No building or premises shall tap any water or sewer main or have installed any private building sewer, water service, private sewage disposal plant or private water system or have connections, extensions, replacements, removals or additions of any nature to the sanitary plumbing or water supply system or disconnection of any fixture or change in the plumbing system before notifying the plumbing inspector or his assistant and securing a permit or authority to proceed with the work. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11- 21-2022) 9-4-7: INSTALLATION BY OWNER: In cases where the owner/occupant desires to do plumbing work in the owner occupied residence, said owner shall make payment of required fees and a plumbing permit shall be issued. Said permit authorizes the owner only to do plumbing work in the dwelling or unit owned and occupied by said owner without licensing, certificate of insurance or help from other than family members. Said person performs all labor in connection therewith, has the necessary inspections made and complies with chapter requirements. (Ord. 5392, 3- 20-2017; amd. Ord. 5673, 11-21-2022) If at any time during the permit or inspection process, the chief plumbing inspector determines the homeowner is unqualified to perform the plumbing work, the homeowner will be required to hire a licensed plumbing contractor to perform the plumbing work. 9-4-8: NOTIFICATION FOR INSPECTION: A. It shall be the duty of the permit holder to notify the inspector that his work is ready for inspection or test. All inspections require twenty four (24) hours' notice. B. It shall be the duty of the permit holder to make sure the work will stand the test prescribed before giving notification. C. If the inspector finds that the work will not stand a required test, or corrections are required, the plumber shall be required to notify the inspector when the necessary corrections are complete for re -inspection. If corrections are still required, the plumber shall make corrections, notify the inspector for re -inspection and pay a re -inspection fee. D. If the inspector fails to appear within twenty four (24) hours, during normal working hours, of the time set for each inspection or test, the inspection or test shall be deemed to have been made; but the plumber doing the work shall be required to file an affidavit with the plumbing inspector that the work was installed in accordance with the ordinance and permit, and that it was free from defects and that the required test had been made and the system was found free from leaks. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) Page 179 of 228 9-4-9: APPLICABILITY TO EXISTING BUILDINGS: If an existing building is damaged by fire or otherwise or altered in a manner to require the replacement of fifty percent (50%) or more of the structure as determined by the authority having jurisdiction, the entire building shall conform to this chapter's requirements for new buildings. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) ARTICLE A. 2021 2024 PLUMBING CODE SECTION: 9-4A-1: Uniform Plumbing Code Adopted 9-4A-2: Amendments 9-4A-3: Exhibits 9-4A-1: UNIFORM PLUMBING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted as the plumbing code of the city, that certain plumbing code known as the Uniform Plumbing Code, 2021 2024 edition, and any further regulations or requirements of the State Plumbing Code, and the provisions of said plumbing code shall be controlling in the construction and maintenance of plumbing and in all other matters covered by said plumbing code within the city. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) 9-4A-2: AMENDMENTS: Section 106 is amended by adding sections as follows: 106.1.1 Municipal Infraction. 106.1.2 Any person, firm, or corporation failing to comply with or violating any of the terms or provisions of this ordinance shall be deemed guilty of a municipal infraction and upon conviction thereof, be punished accordingly. 106.1.3 If any plumbing work, including construction or repair, is performed within the city contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and in addition to penalties described, shall be corrected in accordance with this ordinance. 106.1.4 The omission or failure to perform any act or duty required by this ordinance or the performing of any act which is prohibited or declared to be unlawful by this ordinance, an offense or a municipal infraction pursuant to this ordinance or the uniform plumbing Page 180 of 228 code, is punishable by a fine of up to two hundred dollars ($200.00), for the first offense and up to four hundred dollars ($400.00) for each subsequent offense. 106.1.5 Fees, is hereby repealed in its entirety; a new section 106.1.6 Fees, is hereby enacted in lieu thereof as follows: 106.1.6 Fees. All plumbing permit and inspection fees shall be established by resolution of the city council and paid prior to issuance of a permit or re -inspection. Section 602 is amended by adding the following subsection: 602.4.1 Yard hydrants to furnish water for human consumption are prohibited, unless it is an approved fixture. Section 603, Specific Requirements for cross connection control is amended by adding the following subsections: 603.1.2 Cross Connection Control -Containment Provisions. The purpose is to safeguard potable water supplies by preventing backflow into public water systems. 603.1.3 Definitions. The following definitions shall apply to section 603.13 of the Waterloo Plumbing Code. For the purpose of this section, these definitions supersede definitions given elsewhere in this code. 1. Administrative Authority. For the purpose of this section, the administrative authority shall be the Waterloo Water Works and plumbing division of the City of Waterloo Building Inspection Department. 2. Approved Backflow Prevention Assembly For Containment. A backflow prevention assembly which is listed by the University Of Southern California- Foundation For Cross Connection Control And Hydraulic Research as having met the requirements of ANSI- AWWA standard C510-89, "Double Check Valve Backflow-Prevention Assemblies", or ANSI-AWWA standard C511-89, "Reduced -Pressure Principle Backflow-Prevention Assemblies" for containment. The listing shall include the limitations of use based on the degree of hazard. The backflow prevention assembly must also be listed by the International Association of Plumbing and Mechanical Officials. 3. Approved Backflow Prevention Assembly For Containment In A Fire Protection System. A backflow prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual Research Corporation (FM) and Underwriters Laboratory (UL), and the requirement of the fire code and the building code of the city, in addition to the requirements of paragraph a(3). Devices sized smaller than 21/2" which have not been listed by Underwriters Laboratory (UL) and tested by Factory Mutual Page 181 of 228 Research Corporation (FM) may be allowed if they meet the requirements of the fire code and the building code of the city. 4. Auxiliary Water Supply. Any water supply on or available to the premises other than the water purveyor's approved public water supply such as, but not limited to, a private well, pond or river. 5. Containment. A method of backflow prevention which requires the installation of a backflow prevention assembly at the water service entrance. 6. Cross Connection. Any actual or potential connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture or tank, receptacle, equipment or device, through which it may be possible for non -potable, used, unclean, polluted and contaminated water, or other substance, to enter into any part of such potable water system under any condition. 7. Customer. The owner, operator, or occupant of a building or property which has a water service from a public water system, or the owner or operator of a private water system which has a water service from a public water system. 8. Degree of Hazard. The rating of a cross connection or water service which indicates if it has the potential to cause contamination or pollution. 9. Double Check Valve Backflow Prevention Assembly. A backflow prevention device consisting of two independently acting internally loaded check valves, four properly located test cocks, and two isolation valves. 10. High Hazard Cross Connection. A high hazard cross connection is a cross connection which may cause an impairment of the quality of the potable water by creating an actual hazard to the public health, through poisoning or through the spread of disease by sewage, industrial fluids or waste. 11. Isolation. A method of backflow prevention in which a backflow prevention assembly is located at the cross connection rather than at the water service entrance. 12. Low Hazard Cross Connection. A low hazard cross connection is a cross connection which may cause an impairment of the quality of potable water to a degree which does adversely and unreasonably affect the aesthetic qualities of such potable waters for domestic use. 13. Multiple -Family Residential Units. A multiple family residential unit shall mean a building designed to be used as residential occupancy for multiple -family units, each having separate plumbing facilities and not more than two levels of occupancy. Page 182 of 228 14. Private Owned Customer Water System Piping. Water service line pipes and plumbing fixtures connected to the public water system of the city of Waterloo which are extended to the customer's property and into the customer's building for service to the customer, regulatory control of which is defined in the city plumbing code and Waterloo waterworks regulations. 15. Reduced Pressure Principle Backflow Prevention Assembly. A backflow prevention device consisting of two independently acting internally loaded check valves, a different pressure relief valve, four properly located test cocks and two isolation valves. 16. Registered Backflow Prevention Assembly Tester. A person who is registered by law to test or repair backflow prevention assemblies and report on the condition of those assemblies. 17. Thermal Expansion. Volumetric increase of water due to heating resulting in increased pressure in a closed system. 18. Water Service. Depending on the context, water service is the physical connection between a public water system and a customer's building, property or private water system, or the act of providing potable water to a customer. 603.1.4 Administrative Authority. 1. For the purpose of section 603.5.21.2 of the Waterloo Plumbing Code only, the administrative authority shall be the Waterloo Water Works and plumbing division of the City of Waterloo Building Inspection Department. 2. The administrative authority shall have the right to enter, with the consent of the customer, or upon the basis of an administrative warrant issued by a court of appropriate jurisdiction, any property to inspect for possible cross connections. 3. The administrative authority may approve training programs for backflow prevention assembly testers and register backflow prevention assembly testers who successfully complete an approved training program. 4. The administrative authority may collect fees for the administration of this program. Fees shall be established by resolution of the Waterloo City Council. 603.1.5 New Water Service. 1. Plans shall be submitted to the administrative authority to review on all new water services to determine size and degree of hazard. Page 183 of 228 2. The administrative authority shall determine if any type of backflow prevention assembly is required for containment based on the degree of hazard. 3. The administrative authority shall require, where necessary, the installation of the appropriate backflow prevention assembly for containment before the initiation of water service. 603.1.6 Existing Water Services. 1. Upgrades of existing water services shall be treated as new water services for the purpose of this section. 2. The administrative authority shall publish and make available to each customer a copy of the standards used to determine the degree of hazard. 3. After publication of the standards, the administrative authority shall notify customers whose premises are classified as single family residential or multiple family residential, having five units or less and not more than two levels of occupancy, of the provisions of this ordinance and compliance therewith. 4. Within six (6) months after publication of the standards, customers whose premises are not classified as single family residential shall complete and return to the administrative authority a cross connection hazard survey to be used to determine the type of containment device. 5. The administrative authority shall, on the basis of information received from customers or gathered through on -premises investigations or surveys, notify the customer that a method of backflow prevention is required. The customer shall prepare a written plan for review and approval by the administrative authority to install a device or devices for containment and/or isolation based on the degree of hazard. 6. Within the time frame specified in writing by the administrative authority, the customer shall install a backflow prevention assembly as approved by the administrative authority. 7. For existing water services, the administrative authority may inspect the premises to determine the degree of hazard. When the high hazard cross connections are found, the administrative authority shall, at its sole discretion: 7.1 Develop a schedule of compliance which the customer shall follow. 7.2 Terminate the water service until a backflow prevention assembly for containment required by the administrative authority has been installed. Page 184 of 228 8. Failure of the administrative authority to notify a customer that they are believed to have a high hazard cross connection and that they shall install backflow prevention assemblies for containment in no way relieves a customer of the responsibility to comply with all requirements of this section. 603.1.7 Customer. 1. The customer shall be responsible for ensuring that no cross connections exist without approved backflow protection within his or her premises starting at the point of service from the public potable water system. 2. The customer shall, at his or her own expense, cause installation, operation, testing and maintenance of the backflow prevention assemblies required by the administrative authority. 3. The customer shall ensure the administrative authority is provided with copies of records of the installation and of all tests and repairs made to the backflow prevention assembly on the approved form within fifteen (15) days after testing and/or repairs are completed. 4. In the event of a backflow incident, the customer shall immediately notify the local water supplier, the Waterloo Water Works. 603.1.8 Required Backflow Prevention Assemblies For Containment - Water Services. 1. An air gap or an approved reduced pressure principle backflow prevention assembly is required for water services having one or more cross connections which the administrative authority classifies as high hazard. 2. An approved double check valve assembly is required for water services having no high hazard cross connections but having one or more cross connections which the administrative authority has classified as low hazard. 3. Every water service which is required to install a backflow prevention assembly at point of entry will be required to follow section 603.4 of the uniform plumbing code at time of installation. 4. Exception. Residential - single family dwelling to be done by isolation unless specified by administrative authority. 603.1.9 Required Backflow Prevention Assemblies For Containment - Fire Protection Systems. Page 185 of 228 1. A reduced pressure principle backflow prevention assembly shall be installed on all new and existing fire protection systems which the administrative authority determines to have any of the following. 1.1 Direct connections from public water mains with an auxiliary water supply on or available to the premises for pumper connection. 1.2 Interconnections with auxiliary supplies such as reservoirs, rivers, ponds, wells, mills or other industrial water systems. 1.3 Use of antifreezes or other additives in the fire protection system. 1.4 Combined industrial or domestic with high hazard and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks. 1.5 Any other facility, connection, or condition which may cause contamination. 2. A double check valve assembly shall be required for all other fire protection systems. The double check valve shall be required on all new systems at the time of installation and on existing systems at the time that they are upgraded. 3. Submittal of proposed backflow prevention devices to the administrative authority does not relieve the designer or sprinkler contractor of the responsibility of submitting plans, including backflow prevention devices, to the fire marshal for approval. 603.2 Registration of Backflow Prevention Assembly Tester. A backflow prevention assembly tester registered by the state of Iowa shall include his or her registration number on all correspondence and forms required by or associated with this ordinance. 603.2.1 Registered Backflow Prevention Assembly Tester Noncompliance. 1. The registration of a tester may be revoked or suspended, for a period of up to two years, for noncompliance with this ordinance. 2. Any of the following conditions constitute noncompliance: 2.1 Improper testing or repair or backflow prevention assemblies. 2.2 Improper reporting of the results of testing or of repairs made to backflow prevention assemblies. 2.3 Failure to meet registration requirements. 2.4 Related unethical practices. Page 186 of 228 603.2.2 Installation of Backflow Prevention Assemblies. 1. Installation of backflow prevention assemblies shall be made by a licensed and bonded plumbing contractor of the city of Waterloo with proper permits. 2. The required backflow prevention assemblies for containment shall be installed in horizontal plumbing immediately following the meter or as close to that location as deemed practical by the administrative authority. In any case, it shall be located upstream from any branch piping. Installation at this point does not eliminate the responsibilities of the customer to protect the water supply system from containment or pollution between the backflow prevention assembly and the water main. 3. Reduced pressure principle backflow prevention assemblies shall be installed so as to be protected from flooding. 4. Reduced pressure principle backflow prevention assemblies shall not be installed in underground vaults or pits. 5. All backflow prevention assemblies shall be protected from freezing. Those devices used for seasonal services may be removed in lieu of being protected from freezing; however, the devices must be reinstalled and tested by a registered backflow prevention assembly tester prior to service being reactivated. 6. If hot water is used within the water system, thermal expansion shall be provided for when installing a backflow prevention assembly for containment. 7. Provisions shall be made to convey the discharge of water from reduced, pressure principle backflow prevention assemblies, to a suitable drain. 8. No backflow prevention assemblies shall be installed in a place where it would create a safety hazard, such as but not limited to over an electrical panel or above ceiling level. 9. If interruption of water service during testing and repair of backflow prevention assemblies for containment is unacceptable to the customer, another backflow prevention assembly, sized to handle the temporary water flow need during the time of test or repair, should be installed in parallel piping. 10. All backflow prevention assemblies shall be installed so that they are accessible for testing as stated in section 603.17 603.2 of the uniform plumbing code. 11. All shut-off valves conform with the current edition of the Manual Of Cross Connection Control (University Of Southern California) requirements for either ball or resilient seat gate valves at the time of installation. Ball valves shall be used on assemblies Page 187 of 228 installed in piping two inches and smaller and resilient seat gate valves on assemblies installed in piping larger than two inches. 603.2.3 Testing Of Backflow Prevention Assemblies. 1. Testing of backflow prevention assemblies shall be performed by a registered backflow prevention assembly tester. The costs of tests required in the following paragraphs 2 through 5 shall be borne by the customer. 2. Backflow prevention assemblies shall be tested upon installation, and tested and inspected at least annually. 3. Backflow prevention assemblies which are in place, but have been out of operation for more than three months, shall be tested before being put back into operation. Backflow prevention assemblies used in seasonal applications shall be tested before being put into operation each season. 4. Any backflow prevention assembly which fails a periodic test shall be repaired or replaced. When water service has been terminated for noncompliance, the backflow prevention assembly shall be repaired or replaced prior to the resumption of water service. Backflow prevention assemblies shall be retested by a registered backflow prevention assembly tester immediately after repair or replacement. 5. The administrative authority may require backflow prevention assemblies to be tested at any time in addition to the annual testing requirement. 6. The registered backflow prevention assembly tester shall report the successful test of a backflow prevention assembly to the customer and to the administrative authority on the form provided by the administrative authority within fifteen (15) days of the test. 7. The administrative authority may require, at its own cost, additional tests of individual backflow prevention assemblies as it shall deem necessary to verify test procedures and results. 603.2.4 Repair of Backflow Prevention Assemblies. 1. All repairs to backflow prevention assemblies shall be performed by registered backflow prevention assembly testers. 2. The registered backflow prevention assembly tester shall not change the design, material, or operational characteristics of a backflow prevention assembly during repair or maintenance and shall use only original manufacturer replacements parts. Page 188 of 228 3. The registered backflow prevention assembly tester shall report the repair of a backflow prevention assembly to the customer and to the administrative authority on the form provided by the administrative authority within fifteen (15) days of the repair. The report shall include the list of materials or replacement parts used. 4. Any time fire services are discontinued for a period of time longer than necessary to test the device the tester is required to notify the fire marshal's office that the fire services are shut off for repairs. 603.2.5 Customer Noncompliance. The water service may be discontinued in the case of noncompliance with the Waterloo Plumbing Code. Noncompliance includes but is not limited to the following: 1. Refusal to allow the administrative authority access to the property to inspect for cross connections. 2. Removal of a backflow prevention assembly which has been required by the administrative authority. 3. Bypassing of a backflow prevention assembly which has been required by the administrative authority. 4. Providing inadequate backflow prevention when cross connections exist. 5. Failure to install a backflow assembly which has been required by the administrative authority. 6. Failure to test and/or properly repair a backflow prevention assembly as required by the administrative authority. Table 604.1 is hereby repealed in it's entirety and replaced with the following: 604.1.2 Materials for water service piping shall be of lead-free brass, copper, ductile iron, or other materials approved by the administrative authority. All materials used in water supply systems except valves and similar devices shall be of like material, except when otherwise approved by administrative authority. Copper tube, when used underground, shall have a weight of not less than copper water tube type K. INSTALLATION STANDARD FOR NON-METALLIC PLASTIC WATER SERVICE PIPE - PE & PEX I All water service pipes through 2" shall be type K copper, red brass, PE or PEX pipe 11 PE or PEX SDR 9 200 PSI can be used for 3/4" - 2" water service installations as follows: • If PE or PEX pipe is used, it shall be installed all the way from the stop box to meter. Page 189 of 228 • PE or PEX pipe shall not be used for repairs or partial replacements. Intermixing of materials shall not be allowed. Type K copper is required from the tap to the stop box for all new water services in new developments and all other instances where water service is stubbed to the stop box. Copper can also be used from the stop box to the meters inside the premise on any service line through 2". III PE or PEX pipe shall be installed in casing or bedded with approved backfill material. The minimum requirements for casing shall be SCH-40 or SDR-23.5 sized to accommodate the service line and tracer wire. Backfill shall be manufactured sand, river sand, or 1/2" pea gravel placed a minimum of 3" below and 4" above the pipe unless approved by administrative authority. IV Splicing of PE or PEX pipe between stop box and meter inside the building is discouraged and will only be approved under special circumstances. V PE or PEX pipe may not be used within 500' of a Leaking Underground Storage Tank or in other areas where the soil may be contaminated. You can access IDNR records. VI Tracer wire shall be required when PE or PEX pipe is used. Tracer wire shall be #12 solid single strand copper wire with 45 mil linear low -density polyethylene insulation suitable for direct bury. Insulation shall be blue in color. When conduit is used the tracer wire shall be placed inside the conduit. When conduit is not used tracer wire shall be installed alongside the pipe and shall be fastened to pipe with zip ties, a minimum of every 5 feet. Tracer wire shall terminate above -ground and be accessible. VII Joint methods for attaching PEX pipe to fittings shall meet AWWA C 904 Standards and ASTM F1960, F2080, or F1807 Specifications. Fittings shall be installed in accordance with PE or PEX Pipe Manufactures Installation Guidelines and related plumbing codes. VIII Intermixing of approved material shall not be allowed. 604.1.3 Joints and fittings for underground water service piping must be lead-free compression or threaded brass. Fittings must meet A.W.W.A. (American Water Works Association) and Waterloo Water Works standards. All fittings shall maintain an effective grounding path from the meter to the main. Rubber compression fittings will not be allowed. 604.1.4 Materials for water distribution, pipes, and tubing shall be of lead-free brass, copper, ductile iron, stainless steel, or PEX water pipe. PEX water pipe, tubing, and fittings, manufactured to recognized standards may be used for hot and cold water distribution systems within a building. All materials used in the water supply system, except valves and Page 190 of 228 similar devices shall be of a like material, except where otherwise approved by the administrative authority. Copper tube used underground shall have a weight of not less than copper water tube type K and aboveground shall be a weight of not less than copper water tube type L. 604.1.5 Approved PEX water pipe may be used in water distribution piping except where existing metallic water distribution piping is used for electrical grounding purposes, replacement piping therefore shall be of metallic and PEX will not be allowed. Exception: Where a grounding system, acceptable to the administrative authority is installed, inspected and approved, metallic pipe may be replaced with approved PEX pipe. 604.1.6 PEX. Cross -linked polyethylene (PEX) tubing shall be marked with the appropriate standard designation(s) listed in table 14-1 for which the tubing has been listed or approved. PEX tubing shall be installed in compliance with the provisions of this section. 604.1.7 Licensed installers, employed by licensed plumbing contractors, shall be appropriately certified by the manufacturer or other approved training agency prior to commencing any PEX tubing installation. 713.4 is amended by adding the following subsection: 713.4.1 Public Systems Available. A public water supply system and/or public sewer system shall be deemed available to premises if such premises are within two hundred (200) feet, measured along a street, alley, or easement, of the public water supply or sewer system and a connection conforming to the standards set forth in this code shall be made thereto. Section 715 is amended by adding the following subsection: 715.1 .1 The building sewer, beginning two (2) feet from any building or structure, shall be schedule 40 PVC, PVC SDR 23.5, cast iron soil pipe, vitrified clay tile, truss pipe or concrete pipe. 715.1 .2 For a new building or structure, the building sewer, beginning two (2) feet from any building or structurc the structure, shall be SCH 40 PVC, PVC SDR 23.5 or cast iron soil pipe vitrified clay tilc, truss pipc or concrctc pipc to the sewer main. Section 717 is hereby amended by adding the following subsection: Section 717 is hereby amended by adding the following subsection: 717.1.1 Size Of Building Sewers. The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by such sewer, in Page 191 of 228 accordance with table 7-8. No building sewer shall be smaller than the building drain. Minimum size of a building sewer is four (4) inches. Section 906 is amended by repealing subsection 906.7 in its entirety; and by enacting in lieu thereof a new subsection 906.7 as follows: 906.7 Frost or Snow Closure. Where frost or snow closure is likely to occur, vent terminals shall be minimum three inches (3") in diameter but in no case smaller than the required pipe. The change in diameter shall be made inside the building at least one (1) foot below the roof and terminate not less than 12 inches above roof. Section 1007, is amended by repealing subsection 1007.1 and enacting a new subsection 1007.1 to read as follows: 1007.1 Trap Seal Protection. All automatic floor drain primers or trap seal valves are prohibited. Section 1009, is hereby repealed in its entirety and a new section 1009 is hereby enacted in lieu thereof as follows: 1009 Industrial Interceptors (Clarifiers) and Separators. 1009.1 Drainage from commercial garages, gasoline filling stations, dry cleaning establishments, oil extraction plants, and other industries where oils or solvents are used, is likely to contain inflammable compound, which shall therefore be intercepted before discharging into the city sewer. The interceptor shall have a capacity sufficient to separate the oil, grease, or other inflammable compound and shall be so located and constructed to prevent fire or explosion. Drainage from commercial garages and oil stations where automobile wash racks are installed is also likely to contain mud and sand, which shall be separated from the wastes before discharging into the city sanitary sewer. Hence, the interceptor for these wastes shall afford sufficient capacity for both separating the oils and grease by flotation and the sand and mud by settling. 1009.2 For drainage from commercial garages or other places where wastes are likely to contain sand, mud, or other solid material in addition to oil, grease, or other inflammable compounds, a minimum capacity of 50 cubic feet, with a minimum effective depth of 3 feet, shall be provided and a vent and manhole with tightly fitting cover shall be installed. 1009.3 All interceptors shall be cleaned periodically. 1009.4 Subsections 1009.1 through 1009.5 of this section shall apply except for manufactured or prefabricated concrete interceptors that comply with approved applicable standards. See "Exhibit A. Commercial Mud Trap" 39. Page 192 of 228 1009.5 For details, see diagram marked "Exhibit B. Mud Trap Or Inflammable Waste Interceptors" 1. Subsection 1017.3 is hereby repealed in it's entirety and a new subsection 1017.3 is hereby enacted as follows: 1017.3 Residential Garage Interceptor. If a drain is installed in a residential garage, an interceptor shall be required. See "Exhibit D. Residential Garage Interceptor". (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022; Ord. 5748, 2-5-2024) 1017.4 Fuel Gas Piping. A fullway valve controlling outlets shall be installed on the discharge side of each gas meter and each unmetered gas supply. Gas piping supplying more than one building on one premise shall be equipped with a separate fullway valve to each building, so arranged that the gas supply can be turned on or off to an individual or separate building. Such shutoff valves shall be accessible and on the exterior of the structure. This shall apply to all new construction, re -pipe and gas shut off releases. 9-4A-3: EXHIBITS: Page 193 of 228 Exibit "A" The following drawing is an approved type of manufactured or prefabricated concrete interceptor Mud trap sidewalis and floor are reinforced with #3 rebar. sidewalls and the compartment divider are 2 1/2" thick the floor of the mud trap is 3". The lid is reinforced with over 29' of #4 rebar, and is 5" thick_ Capacity of the mud trap is a nominal 625 gallons; if capacity is calculated at a conservative 500 gallons, the volume of the inlet compartment is still ,9 cubic yards, and the outflow compartment has a volume of 1.6 cubic yards. MUD TRAP OR INFLAMMABLE WASTE INTERCEPTOR 5" Lid 24" ring and cover on each unit for cleaning purposes 24" .9 cubic yard capacity J 37 1!2 " yard capacity 4" Fume Vent 4„ Cleanout PavtnvFiaor 71 p ``�� 33 r 21f�"w1 112" Pi 49— 21rz^ 105' 1.8 cubic 2" Semi Veal Page 194 of 228 Exhibit'B' 24' RING AND COVER ON EACH UNIT FOR CLEANING PURPOSES MUD D TRAP OR INFLAMMABLE WASTE INTERCEPTOR .75 cubic yard capacity —1151 Fume Vent 1.5 cubic yard capacity 4- 7• Se�+er 4■ Veld Clean Oul 5 Note: Dimensions shown are suggested only, Alternate dimensions for compartments may be used to maintain the same proportion. Page 195 of 228 Exhibit'C' RECOMMENDED COMMERCIAL KITCHEN GREASE INTERCEPTOR The Waterloo Plumbing Code requires that these interceptors be not less than two compartments with fittings designed for grease retention. The inlet, outlet, and compartment fitting should be of the elbow type design with the vertical leg extending to within 12 inches of the interceptor floor. The fittings shall not be less than 4 inches or the size of the building sewer. whichever is greater. A clean out is required on the mullet line, outside the lank. 7 2A' Rr' & Cove( an each unit farCieaning p,xixpaes 13' Cbx% Oul Page 196 of 228 EXHIBIT "D" The drawing below is the recommended method of installing a drain in a residential garage_ No dimensions are shown, just the required 1 cubic foot per each compartment. Also the outlet of such a drain must be vented. Removable Drain Cover Removable Solid Cover FLOOR SLAB .1 Cubic Foot ALL FITTINGS CAST IRON PIPE (Ord. 5673, 11-21-2022) Cleanout Flow Line 6" Water Seal ARTICLE B. PLUMBING BOARD FOR LICENSING AND APPEALS SECTION: 9-4B-1: Board Established; Composition 9-4B-2: Appointment; Terms 9-4B-3: Quorum 9-4B-4: Duties Page 197 of 228 9-4B-1: BOARD ESTABLISHED; COMPOSITION: A. Establishment Of Board: There is hereby established a plumbing board for appeals hereinafter referred to as the board, with authority and responsibility as follows: 1. To act as a board of appeals as provided in the Waterloo plumbing code. 2. To periodically review the provisions of the Waterloo plumbing code and make recommendations to the city council for improving and updating said document. B. Composition Of Board: The board shall consist of five (5) members, all of whose place of business, residence, or work is located in the city. All members shall be qualified by experience and training to pass judgment upon matters pertaining to the installation of plumbing. The membership shall be as follows: two (2) licensed master plumbers, one licensed journeyman plumber, one registered professional mechanical engineer, and one member at large, with no one company or interest being represented by more than one member of the board. The city plumbing inspector or their designee shall act as secretary to the board. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) 9-4B-2: APPOINTMENT; TERMS: A. Appointment: The mayor with the approval of the city council shall appoint the members of the plumbing board for licensing and appeals. B. Terms: After the initial appointment of the board, the terms of the members shall be for three (3) years except that the initial terms shall be so arranged and staggered that the terms of no more than two (2) members shall expire on December 31 of any one year. A vacancy within any term shall be filled by appointment of the mayor with the approval of the city council for the unexpired portion of that term only. Each member can serve a total of two (2) three (3) year terms. C. Compensation: The members of the board shall serve without compensation. D. Organization: The board shall designate a member as chair and shall adopt reasonable rules for conducting its investigations and proceedings, and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the city council new legislation as is consistent therewith. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) 9-4B-3: QUORUM: Three (3) members of the board shall constitute a quorum for the transaction of business, provided that a decision on a matter relating to a specific license shall not be valid unless decided in the presence of a board member who holds a similar valid license. Any vote Page 198 of 228 taken for the purpose of suspending or revoking a contractor's license shall require a majority vote of all members of the board. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21- 2022) 9-4B-4: DUTIES: The plumbing board for appeals shall receive applications for appeals based on a claim that the true intent of this code has been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of compliance with the code is proposed. The board shall have no authority to waive requirements of this code. The plumbing board for licensing and appeals shall also act as the Black Hawk County Plumbing Board for appeals, as permitted by Black Hawk County Ordinance 46, the Black Hawk County Plumbing Code. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) ARTICLE C. PLUMBING CONTRACTORS SECTION: 9-4C-1: Classification Of Plumbers 9-4C-2: Pipe Layer Business (Contractor's) License 9-4C-3: Pipe Layer's Certificate Of Insurance 9-4C-4: Conditions Of License 9-4C-5: Persons Authorized And Reporting 9-4C-6: Revocation Of Licenses 9-4C-1: CLASSIFICATION OF PLUMBERS: A. Pipe Layer: 1. Definition: "Pipe layer" shall mean a person who installs, lays, repairs, removes or caps off sanitary sewer pipe between the public sanitary sewer main in the street or easement and a point two feet (2') outside the foundation wall of a building or structure. 2. Qualifications: A pipe layer shall be qualified in the principles of the hydraulics of liquids in sewer pipes and related matters and shall be familiar with the pertinent provisions of the Waterloo plumbing code and the rules and regulations of the local and state boards of health as such provisions, rules and regulations pertain to sewers and sewer service pipes. 3. Licensing: Any person desiring to be licensed as a pipe layer shall make application to the building department on forms furnished by said department accompanied by a fee. Page 199 of 228 Upon receipt of the application and fee, the building department shall schedule the administration of a test prescribed by the plumbing board. If the applicant obtains a passing score he shall be issued a pipe layer's license upon the payment of an additional fee of fifty dollars ($50.00) the first year. The renewal fee will be twenty five dollars ($25.00) per year. 4. Authorized Work: A pipe layer's license shall not be construed as license or permit to do plumbing work as a state licensed plumber in the city as defined in this chapter. Except for the installation, laying, removing, repairing or capping off of sewer between public main and a point two feet (2') outside building, every pipe layer shall be hereby prohibited from doing any plumbing work within the city unless he is licensed as a plumber by the state in conformance with the provisions of the Waterloo plumbing code, as amended. 5. Pipe Laying: No person shall engage in the construction, reconstruction, laying, alteration, repair, removal or capping off of a sanitary sewer between public main and a point two feet (2') outside building in the city without first having obtained a state plumber's license or a Waterloo pipe layer's license, along with an approved certificate of insurance on file with the city and having obtained a plumbing permit for sewer installation from the building department as required by this chapter. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) 9-4C-2: PIPE LAYER BUSINESS (CONTRACTOR'S) LICENSE: Applicants who have met the requirements of the board and upon payment of a fee of two hundred dollars ($200.00) for the first year and having in place a certificate of insurance as herein provided for, issue to such applicant a pipe layer business (contractor's) license in the name of the city of Waterloo, by the plumbing inspector. Renewal license fee will be one hundred dollars ($100.00) per year. It shall be unlawful for any person to install, erect, alter, repair, service, reset, replace thereto, as defined in the plumbing code, unless said person or some member of such firm or corporation shall first have obtained a state plumbing contractor license or pipe layer business (contractor's) license or unless such person, firm or corporation has regularly and steadily in his employ a holder of such a license, who shall be the authorized representative of the person, firm or corporation in all matters pertaining to this chapter. The authorized representative who is the holder of a state plumbing contractor license or pipe layer business (contractor's) license may not apply for permits for more than one person, firm, or corporation and the permit shall apply only to the type of work pertaining to the specific license possessed by the license holder. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) Page 200 of 228 9-4C-3: PIPE LAYER'S CERTIFICATE OF INSURANCE: A pipe layer's application shall be filed with the building official (or a specified intergovernmental agency if so designated by the building official) accompanied by a certificate of insurance written by a company authorized to transact business in the state, in limits of not less than three hundred thousand dollars ($300,000.00) combined single limit to any person and one hundred thousand dollars ($100,000.00) property damage; said certificate to be written on a standard form and carrying an endorsement naming the city and its employees (or the intergovernmental agency designated by the building official) as additional insureds as its interest may appear and conditioned upon the faithful performance of all duties required of such contractor by any ordinances, rules and regulations of the city. It shall be a further condition of said certificate of insurance that the obligator will hold the city (through the specified intergovernmental agency if so designated) harmless from any and all damages sustained by reason of neglect or incompetency on the part of such contractor, his agents or employees in the performance of the work done under a license or permit issued upon the filing of said certificate. Said certificate of insurance shall be issued by December 31 of each year, and shall be filed on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said certificate of insurance to also bind the individual, company, firm, association or partnership, whether it be a trade name, corporation, or other business association or arrangement with which the principal is associated. Homeowners working on their principal residence shall be exempt from filing said certificate. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) 9-4C-4: CONDITIONS OF LICENSE: Any license not renewed prior to December 31 shall expire thirty (30) calendar days thereafter, and shall be renewed upon payment of a double fee. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) 9-4C-5: PERSONS AUTHORIZED AND REPORTING: A. Must Be Licensed: No person other than those holding a state plumbing contractor license or pipe layer's license issued by the city of Waterloo, shall not tap any water or sewer mains, nor install any private building sewer, water service, private sewage disposal plant or private water system; nor shall they make any connections, extension, replacement, removals or additions of any nature to the sanitary plumbing or water supply system or disconnect any fixture or change the sanitary or water pipe arrangement. Page 201 of 228 B. Exceptions: Those persons who perform the function of water softener installers only, and who do not perform any other plumbing work, may install water softeners only; provided, that said person obtains the proper permits, prior to any work performed, has in place insurance as by this chapter provided, requests and has inspected by the plumbing inspector any installations, and pays any and all inspection fees. (Ord. 5392, 3-20-2017; amd. Ord. 5673, 11-21-2022) 9-4C-6: REVOCATION OF LICENSES: A pipe layer's license or a state plumbing contractor license may be revoked for cause by the board, after a hearing by said board, upon a written notice served upon the person in whose name said license is issued, not less than ten (10) days prior to the date of hearing, stating the time and place thereof and the grounds for such hearing. (Ord. 5392, 3-20- 2017; amd. Ord. 5673, 11-21-2022) Page 202 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE An ordinance Amending the City of Waterloo Code of Ordinances by Amending Chapter 3, Electrical Regulations, of Title 9 Building Regulations. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Updating and amending Chapter 3 Electrical Regulations of Title 9 Building Regulations to match state code. Please see red line items for all changes made. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 203 of 228 1. Full amended Electrical ordinance 2023 Page 204 of 228 CHAPTER 3 ELECTRICAL REGULATIONS SECTION: 9-3-', : Title 9-3-2: Purpose And Scope 9-3-3: Definitions 9-3-4: Rules Of Construction 9-3-5: National Electrical Code Adoption 9-3-6: National Electrical Code Amendments 9-3-7: 2017 NEC Annex H Amendments 9-3-8: Penalty; Abatement Of Violations 9-3-9: Applicability Of Chapter To Existing Buildings 9-3-10: Moved Buildings 9-3-11: Disclaimer 9-3-12: Liability Of Electrical Inspector 9-3-13: Reserved 9-3-14: Unlawful Connections 9-3-15: Inspection Of Wiring Required Prior To Installation Of Meter 9-3-16: Alteration Of Identification Or Rating Markings 9-3-17: Conflict Of Interest 9-3-1: TITLE: This chapter shall be known as the WATERLOO ELECTRICAL CODE, may be so cited and may be referred to hereinafter as the "code". (Ord. 5392, 3-20-2017) 9-3-2: PURPOSE AND SCOPE: It is the purpose of this chapter to adopt an Electrical Code by reference, including provisions for the inspection and regulation of electrical installation, issuance of permits, Page 205 of 228 the collection of fees, and to provide penalties for violations of this chapter in order to protect the public health, safety, and welfare. The provisions of this chapter shall apply to and govern all uses, installations, alterations, repairs, removals, renewals, replacements, connections, disconnections, and maintenance of all electrical equipment within the City of Waterloo, Iowa. (Ord. 5392, 3- 20-2017) 9-3-3: DEFINITIONS: The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: APPEAL BOARD: The Board created in section 9-3-7 of this chapter. APPROVED BY THE ELECTRICAL INSPECTOR: Found by the inspector to comply with the requirements of this chapter and, in the absence of such requirements, found by the inspector to be safe in respect to life and property as measured by the standards established in this chapter and the National Electrical Code and National Fire Protection Association standards. ELECTRICAL CONTRACTING: Undertaking, or offering to undertake, the planning and installation of electrical systems and equipment and the employment, management, supervision and control of electricians and apprentice electricians doing electrical work. ELECTRICAL CONTRACTOR: Any person responsible for the activity of planning, or supervising electricians and apprentices doing electrical wiring, work, or equipment installations and connections to apparatus, which is or will be connected to an electric light and power source. ELECTRICAL EQUIPMENT: All electrical materials, wiring, conductors, fittings, conduits, devices, appliances, fixtures, signs and apparatus or parts thereof comprising an electrical system or control of such system. ELECTRICAL MAINTENANCE WORK: The repair of the existing electrical equipment, or limited replacement and extensions of branch circuits as determined by the chief electrical inspector. ELECTRICAL WORK: All installations, alterations, repairs, removals, replacements, disturbances, connections, disconnections and maintenance of wiring and electrical equipment, or control of any of the above, over twenty five (25) volts, and wiring systems through, or by which is conveyed, or intended to be conveyed, electrical current in, above, Page 206 of 228 or under any building, structure, tent, or premises, public, or privately owned, in the City of Waterloo, Iowa. ELECTRICIAN: Any person doing electrical work for an electrical contractor. EXAMINING BOARD: The board created in section 9-3-7 of this chapter. LICENSED OR QUALIFIED PERSON: Any person who has been examined and licensed by the Examining Board and has its approval to install, remove, alter or make additions to any electrical work in the City. SHALL: That the act to be performed is mandatory. (Ord. 5392, 3-20-2017) 9-3-4: RULES OF CONSTRUCTION: In this chapter certain terms shall be construed as follows: A. Electrical terms are definitions relating to electrical equipment, wiring methods and special wiring locations and conditions shall be those accepted by the trade and listed in the National Electrical Code or other recognized safe wiring manuals or tests. B. Building classification and occupancy shall be determined from the City Building Code and the City zoning ordinance. (Ord. 5392, 3-20-2017) 9-3-5: NATIONAL ELECTRICAL CODE ADOPTION: A. The 2020 2023 edition of the National Electrical Code, including article 90, chapters 1 through 9, and annex A, B, C, D and H, inclusive, as published by the National Electrical Code Committee, and adopted by the National Fire Protection Association, is hereby adopted by reference and is effective as if fully set forth in this article. Where, in any specific case, different sections of this article specify different materials, methods of construction or requirements, the most restrictive shall govern. (Ord. 5428, 12-11-2017; a m d. Ord. 5596, 4-19-2021, eff. 4 1 2021 02-02-2026) 9-3-6: NATIONAL ELECTRICAL CODE AMENDMENTS: A. Amendments To 2020 2023 NEC Chapter 2 Amendments: 550.3(1) Delete section article 210.8(A), "Dwelling Units", and insert in lieu thereof the following new section: 210.8(A) Dwelling Units. All 125-volt, 15- and 20-ampere receptacles installed in the following locations and supplied by single-phase branch circuits rated 150 volts or less to ground shall have ground -fault circuit -interrupter protection for personnel: Page 207 of 228 (1) Bathrooms (2) Garages and also accessory buildings that have a floor located at or below grade level not intended to be as habitable rooms and limited to storage areas, work areas e-r similar use and areas of similar use (3) Outdoors Exccption to (3): Rcccptacics that arc not r accessible and arc suppled branch circuit dedicated to electrical snow melting, do icing or pipeline and vessel h ating applicable. (4) Crawl spaces - at or below grade level (5) Basements Exccption to (5): A receptacle supplying only a permanently installed file alarm or burglar alarm system shall not bc required to have ground fault circuit intcrruptcr protection. Informational Notc: Scc 760.41 B and 760.121(B) for power supply rcquircmcnts for fire alarm systems. Receptacles installed undcr thc exception to 201.8 (A)(5) shall not bc considered as mccting the rcquircmcnts of 210.52(G). (6) Kitchens where thc receptacles arc installed to serve thc countertop surfaces. (7) Areas with sinks and permanent provisions for food preparation, beverage preparation or cooking (8) Sinks - where receptacles are installed to serve the countertop surfaces. within 1.8 m (6 ft) from the top inside edge of the bowl of the sink (9) Boathouses (10) Bathtubs or shower stalls - where receptacles are installed within 1.8 m (6 ft) of the outside edge of the bathtub or shower stall (11) Laundry areas mounting receptacles utilized in combination with compatible attachment fittings installed for the purpose of serving a ceiling luminaire or ceiling fan shall not be rcquircd to be Page 208 of 228 ground fault circuit interrupter protected. If a general purposc convcnicncc rcccptacic is integral to the coiling luminairc or cciling fan, GFCI protcction shall be provided. (12) Indoor damp and wet locations Exception No. 1: Receptacles that are not readily accessible and are supplied by a branch circuit dedicated to electric snow -melting, deicing, or pipeline and vessel heating equipment shall be permitted to be installed in accordance with 426.28 or 427.22 as applicable. Exception No. 2: Receptacles on rooftops shall not be required to be readily accessible other than from the rooftop. Exception No. 3: Receptacles or cord -and -plug -connected fixed and stationary appliances installed within 1.8 m (6 ft) from the top inside edge of a bowl of a sink shall not be required to be GFCI protected in industrial establishments where the conditions of maintenance and supervision ensure that only qualified personnel are involved, an assured equipment grounding conductor program in accordance with 590.6(6)(2) shall be permitted for only those receptacle outlets used to supply equipment that would create a greater hazard if power is interrupted or that has a design not compatible with GFCI protection. Exception No. 4: Receptacles or cord -and -plug -connected fixed and stationary appliances installed within 1.8 m (6 ft) from the top inside edge of a bowl of a sink shall not be required to be GFCI protected in industrial laboratories where the receptacles are used to supply equipment if removal of power would introduce a greater hazard. Exception No. 5: Receptacles located in patient bed locations of Category 2 (general care) or Category 1 (critical care) spaces of health care facilities shall be permitted to comply with 517.21. Exception No. 6: Listed weight -supporting ceiling receptacles (WSCR) utilized in combination with compatible weight -supporting attachment fittings (WSAF) installed for the purpose of serving a ceiling luminaire or ceiling -suspended fan shall be permitted to omit GFCI protection. If a general-purpose convenience receptacle is integral to the ceiling luminaire or ceiling -suspended fan, GFCI protection shall be provided. Delete section 210.8(F). article 210.8(D), "Specific Appliances", and insert in lieu thereof the following new section: 210.8(D) Specific Appliances. Page 209 of 228 GFCI protection shall be provided for the branch circuit or outlet supplying the following appliances rated 150 volts or less to ground and 60 amperes or less, single- or 3-phase: (1) Automotive vacuum machines (2) Drinking water coolers and bottle fill stations (3) High-pressure spray washing machines (4) Tire inflation machines (5) Vending machines (6) Sump pumps (7) Dishwashers (8) Microwave ovens Delete article 210.8(F), "Outdoor Outlets" (Ord. 5428, 12-11-2017; amd. Ord. 5596, 4-19-2021, eff. 4 1 2021 02 02-2026) 9-3-7: 2017 NEC ANNEX H AMENDMENTS: 80.9(C) Additions, Alterations, Or Repairs, is amended by adding the following: It is prohibited by this ordinance to perform any repair, add to, or revamp any residential service less than 60 ampere electrical service. 80.13 Authority, subparagraph (13), is amended by inserting a period after the words "ready for inspection", and deleting the words, "and shall conduct the inspection within days." 80.15 Electrical Board, is deleted in its entirety and the following is substituted therefor: ARTICLE 2. BOARD OF ELECTRICAL EXAMINERS AND APPEALS Membership; Appointment Of Members; Term Of Office (a) Establishment Of The Board. There is hereby established a board of electrical examiners and appeals, hereinafter referred to as the "board," with authority and responsibility as follows: (1) To act as a board of appeals as provided in the Waterloo electrical code. (2) To periodically review the provisions of the Waterloo electrical code and make recommendations to the building official for improving and updating said documents. (b) Composition Of The Board. The board shall consist of five (5) members, all of whose place of business, residence, or work is located in the city of Waterloo. All members shall be qualified by experience and training to pass judgement upon matters pertaining to electrical construction. The membership shall be as follows: Two licensed electrical Page 210 of 228 contractors, one licensed, working electrician, a representative from a public utility company furnishing electrical power to the city, one electrical engineer capable of designing systems governed by this code. The electrical inspector shall serve as secretary to the board. Said board shall serve without compensation. (c) Appointment Of Members And Terms Of Office. The members of the board of electrical examiners and appeals shall be appointed by the mayor with the approval of the city council. After initial appointment of the board the terms of the members shall be for three years except that the initial terms shall be so arranged and staggered so that the terms of no more than two members shall expire any one year. A vacancy within any term shall be filled by appointment of the mayor with the approval of the city council for the unexpired portion of that term only. Powers And Duties Of The Board The board of electrical examiners and appeals shall have the following powers and duties: (a) To act upon reports of violations by licensed master electricians and journeyman electricians as filed by the electrical inspector with the board. (b) To keep a complete record of the official proceedings of the board; to preserve all documents, books and papers relating to appeals and hearing of complaints and charges for at least three years. (c) To hear appeals from the decision of the electrical inspector and to rule on interpretations of the provisions of the Waterloo electrical code, and to determine the suitability of alternate materials and methods of construction consistent with the provisions of the Waterloo electrical code. Meetings; Records (a) All meetings of the board of electrical examiners and appeals shall be held in the council chambers, or other location indicated in a public notice posted 24 hours prior to any meeting. (b) Three members of the board shall constitute a quorum for the transacting of all business, but any action taken by the board shall require a majority vote of all members of the board. (c) The board shall annually elect one of its members as chairperson of the board. (d) The secretary of the board shall keep a record of the board meetings and register the names and residences of all persons examined by the board and the kind of electrical license issued to each, if any. Page 211 of 228 Right Of Appeals Any person shall have the right to appeal any decision of the electrical inspector to the electrical board of examiners and appeals by filing a written notice of such appeal with the electrical inspector within ten (10) days from the date of the inspector's decision. The board shall forthwith fix a time and place of hearing such appeal which shall not be less than five (5) days nor more than fifteen (15) days after the date of filing of the notice of such appeal, and the electrical inspector shall notify the appellant in writing by registered mail of the time and place of such hearing. After the hearing of said appeal, the board may sustain or overrule the decision of the electrical inspector. Decision of the board shall be final unless appealed to the courts as by law provides. 80.19(a) is amended by adding the following line item #3: Permit For Installation By Homeowner 3. A permit application may be submitted by the homeowner and, upon approval and payment of required fees, an electrical permit shall be issued. Such permit authorizes the owner only to install electrical equipment in the dwelling owned and occupied by the owner, without license or certificate of insurance, and without help from persons other than family members. If at any time during the permit or inspection process, the chief electrical inspector determines the homeowner is unqualified to perform the electrical work, the homeowner will be required to hire a licensed electrical contractor to perform the electrical work. 80.19(c1) is amended by adding the following sentence at the end of the section: A permit is not required for these repairs if the cost of the repairs does not exceed $300.00. 80.19(e) is amended by adding the following: Fees (a) Payment of fees for electrical permits shall be made on or before the tenth day of the month following the date of application for the permit or the date of the statement from the electrical inspector. All fees shall be payable to the city of Waterloo. All accounts over 60 days due will be put on a "hold" status until brought current. (b) Inspection fees shall be paid in such amounts as established by resolution by the city council. Inspections Page 212 of 228 80.19(f) Inspections And Approvals, subparagraph (3), is amended by deleting the words "or until days have elapsed from the time of such notification". 80.23(b) Penalties, subparagraph (3), is deleted in its entirety. 80.25(c) Notification is deleted in its entirety. 80.27 Inspector's Qualifications is amended by deleting said section in its entirety and substituting the following therefor: 80.27 Inspector's Qualifications. ARTICLE 3. ELECTRICAL INSPECTOR Appointment; Qualifications (a) The electrical inspector is hereby authorized, directed and empowered to inspect any and all buildings, structures, tents and premises, public and private, and, as provided in this ordinance, to condemn and order removed or remodeled and put into proper and safe condition for the prevention of fire and for safety to life and property, all electrical equipment installations and connections of electrical current for light, heat and power purposes, and to control the disposition and arrangement of such equipment so that persons and property shall not be in danger therefrom. (b) The electrical inspector shall have successfully passed any and all examinations administered by the civil service commission, have been recommended to said position by the building official, appointed by the mayor, and confirmed by the majority of all members of the city council. (c) The appointee shall: (1) Be a qualified electrician and shall have at least five years of practical experience in the electrical trade or five years of experience as an electrical inspector, or, in lieu of such experience, shall be a graduate in electrical or mechanical engineering of a college or university considered by the personnel director as having suitable requirements for graduation, and shall have had two years of practical electrical experience; and (2) Be possessed of such executive ability as requisite for the performance of required duties and have thorough knowledge of the standard material and methods used in the installation of electrical equipment; and (3) Be well versed in improved methods of construction for safety to persons and property, the statutes of the state relating to electrical work and any orders, rules and regulations issued by authority thereof, and in the national electrical code. Page 213 of 228 (d) The electrical inspector shall hold a current master or journeyman electrical license with the state of Iowa or shall be required to pass an examination prior to his/her appointment. (e) He/she shall hold membership in the International Association Of Electrical Inspectors. 80.28 Licensing, is added as follows: (a) License Required 1. Electrical licenses shall be governed by Iowa Code chapter 103, Electricians And Electrical Contractors (2008). (b) State Of Iowa Class B License. All state of Iowa class B journeyman's license will be accepted by the city of Waterloo. A state of Iowa class B master electrician's license will be accepted. if the cicctrician has hcld a Watcrloo liccnsc aftcr January 1, 1990. (c) If you have a state of Iowa electrical contractor's license and wish to pull a permit in the city of Waterloo, a one-time registration fee of $150.00 will be charged if you have never held a city of Waterloo license. (d) Licenses are not transferable, nor shall they be loaned or rented. (Ord. 5392, 3-20-2017) 9-3-8: PENALTY; ABATEMENT OF VIOLATIONS: A. Any person violating any provision of this chapter shall be deemed guilty of a municipal infraction and, upon conviction thereof, shall be punished accordingly. B. If any electrical work, including construction or repair, is performed within the city contrary to the provisions of this chapter, it shall be deemed a municipal infraction and, in addition to penalties described, shall be abated in accordance with this chapter. C. The doing of any act prohibited or declared to be unlawful, an offense or a municipal infraction by this chapter or the national electrical code, or the omission or failure to perform any act or duty required by this chapter or the national electrical code, is, unless another penalty is specified, punishable as provided in section 1-3-2 of this code. (Ord. 5392, 3-20-2017) 9-3-9: APPLICABILITY OF CHAPTER TO EXISTING BUILDINGS: A. If any existing building is damaged due to fire, natural disaster or otherwise, the areas that are damaged shall be brought up to current city and national codes. If other areas of Page 214 of 228 the building are altered or repaired due to damages that occurred, these areas must also be brought up to the current codes. B. If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of the current city and national codes for the new type of occupancy. (Ord. 5392, 3-20-2017) 9-3-10: MOVED BUILDINGS: A. Residential moved relocated buildings shall be brought into compliance with the electrical requirements of new residential type buildings. Exception: Parts of an electrical system which were not damaged and had been installed in compliance with the electrical code which was in effect at the time of installation may be retained in said electrical systems. B. Electrical systems in any other movcd relocated buildings shall be brought into compliance with the provisions of this code the same as for new construction. C. The permanent service connection shall not be made by the power company until the electrical system is completely installed, and is approved by the inspector. D. The existing service on the moved relocated building shall not be connected to the electrical power source unless specifically approved by an inspector. (Ord. 5392, 3-20- 2017) 9-3-11: DISCLAIMER: This chapter shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming such liability by reason of the inspection or reinspection authorized in this chapter or the certificates of approval issued as provided in this chapter, or by reason of the approval or disapproval of any equipment authorized in this chapter. (Ord. 5392, 3-20-2017) 9-3-12: LIABILITY OF ELECTRICAL INSPECTOR: The electrical inspector, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himself/herself liable personally and he/she hereby is relieved from all personal liability for any damage that may accrue to person or property as a result of any act required or by reason of any act of omission in the discharge of his/her duties. Any suit brought against the city because of such act or omission performed by him/her in the enforcement of any provisions of this chapter shall be defended by the city. (Ord. 5392, 3-20-2017) Page 215 of 228 9-3-13: RESERVED: (Ord. 5392, 3-20-2017) 9-3-14: UNLAWFUL CONNECTIONS: It shall be unlawful for any person to make connection from a supply of electricity to any electric equipment that has been installed or which has been disconnected or ordered to be disconnected by the electrical inspector, until inspected and approved by the electrical inspector. (Ord. 5392, 3-20-2017) 9-3-15: INSPECTION OF WIRING REQUIRED PRIOR TO INSTALLATION OF METER: It shall be unlawful for any person to set a meter for electric purposes to any building or premises, wiring of which has not been inspected and approved by the electrical inspector. A violation of this section will cause the electrical inspector to give written notice and immediately cause the removal of such conditions and the discontinuance of such current. (Ord. 5392, 3-20-2017) 9-3-16: ALTERATION OF IDENTIFICATION OR RATING MARKINGS: It shall be unlawful to cover, remove, alter, change, or deface the maker's name or identification mark or any of the rating markings on electrical equipment. (Ord. 5392, 3-20- 2017) 9-3-17: CONFLICT OF INTEREST: It shall be unlawful for the electrical inspector or assistant electrical inspectors to engage in the business of the sales, installation or maintenance of electrical equipment either directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the city of Waterloo, at any time, while holding said offices. (Ord. 5392, 3- 20-2017) Page 216 of 228 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Greg Ahlhelm, Building Offical Building Department MEETING DATE January 20, 2026 AGENDA ITEM TITLE An ordinance amending the City of Waterloo Code of Ordinances by Amending Chapter 5, Mechanical Systems, of Title 9, Building Regulations. 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. Full amended 2024 HVAC ordinance Page 217 of 228 CHAPTER 5 MECHANICAL SYSTEMS SECTION: 9-5-1: Title 9-5-2: Application And Scope 9-5-3: Mechanical Inspector 9-5-4: Defective Work; Unsanitary Conditions 9-5-5: Maintenance; Change Of Occupancy 9-5-6: Application For Permit 9-5-7: Installation By Owner 9-5-8: Notification For Inspection 9-5-9: Applicability 9-5-1: TITLE: This chapter shall be known as the WATERLOO MECHANICAL CODEand may be so cited and may be referred to hereinafter as "the code" or "this code". (Ord. 5664, 9-19-2022) 9-5-2: APPLICATION AND SCOPE: The provisions of this chapter shall include and apply to all mechanical and fuel gas systems, appliances and equipment regulated by the adopted mechanical and fuel gas codes hereinafter installed, constructed, altered, serviced or repaired in, for, or about any new, remodeled or relocated building or structure in the city. (Ord. 5664, 9-19-2022) 9-5-3: MECHANICAL INSPECTOR: A. Appointment: The applicant for mechanical inspector shall fulfill all applicable civil service requirements for the position of mechanical inspector. The building official will appoint the new mechanical inspector. The appointment shall go to the mayor and city council for approval. The mechanical inspector shall work under the direction of the building official. B. Qualifications: The appointee shall have had at least four (4) years of practical experience in the design, planning, supervision and contracting for installation of heating, air conditioning and ventilation systems. Two (2) years of experience may be substituted for four (4) years of schooling if the study is in engineering or a related field. Schooling shall Page 218 of 228 be from a recognized school of continuing education; possession of a valid driver's license; shall possess the ability and aptitude for the performance of required duties and shall have thorough knowledge of the standard materials and methods used in the installation and maintenance of heating, air conditioning and ventilation equipment; shall be versed in methods of construction for safety to persons and property, the statutes of the state relating to air quality and air pollution control and any orders, rules and regulations issued by authority thereof, and in the uniform mechanical code. C. Restrictions: It shall be unlawful for the mechanical inspector to engage in the business of the sales, installation, or maintenance of heating, air conditioning and ventilation equipment, either directly or indirectly, and the inspector shall have no financial interest in any concern engaged in such business in the city at any time while holding the position as mechanical inspector for the city. D. Powers And Duties: 1. The mechanical inspector is empowered to inspect any and all buildings or structures, public or private, and to, as herein provided, order removed or remodeled and put into proper and safe condition all heating, air conditioning, and ventilation equipment and related systems for the protection of the public health, safety and welfare. 2. The mechanical inspector shall have authority to enforce this chapter and may bring before the mechanical board proposals for modifications or alternate materials, methods, and equipment to determine compliance with the intent of this chapter; provided, that the individual or entity affected provides satisfactory documentation to the board. 3. The building official shall be the executive official and administrative authority for the administration of the mechanical code of the city. E. Right Of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the mechanical inspector has reasonable cause to believe that there exists, in any building or upon any premises, any HVAC condition which makes such building or premises unsafe, the mechanical inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon by this chapter; provided, that if such building or premises be occupied, they shall first present proper credentials and request entry; and if such building or premises is unoccupied, they shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the mechanical inspector or authorized representative shall have recourse to every remedy by law to secure entry. (Ord. 5664, 9-19-2022) 9-5-4: DEFECTIVE WORK; UNSANITARY CONDITIONS: Page 219 of 228 Whenever it shall come to the knowledge of the mechanical inspector that the mechanical or fuel gas system, appliance or equipment governed by this code in a building or structure is defective or otherwise becomes a hazard to health or life, it shall be the duty of said inspector to make an inspection of such system, appliance or equipment and render a report to the proper party, setting forth the necessary repairs or alterations required to make such heating, air conditioning or ventilation system conform to this chapter. The inspector shall set a limit of time within which such repairs or alterations are to be made, and upon the refusal or neglect of the owner, agent, lessee, or tenant to comply with said notice within the time stated, the mechanical inspector shall cause such repairs or alterations to be made or such nuisance abated and the expense of such work shall be taxed against such property and become a prior lien thereon and as a personal judgment against the property owner; or the inspector may order the premises vacated and closed to further occupancy until such time as the required repairs or alterations have been made, all at the mechanical inspector's sole discretion based upon health or life safety concerns. (Ord. 5664, 9-19-2022) 9-5-5: MAINTENANCE; CHANGE OF OCCUPANCY: When a single-family structure is changed to multi -family occupancy, the following shall specifically apply in addition to any requirements identified in the mechanical code: A. Each unit shall be provided a heating unit that will maintain room temperature in accordance with the housing code of the city. B. Transfer of conditioned air between units is prohibited. (Ord. 5664, 9-19-2022) 9-5-6: APPLICATION FOR PERMIT: A. Permit To Do Work Required: It shall be unlawful for any person to construct or install any fuel burning, space heating, air conditioning or incinerator equipment or appurtenances subject to and covered by the provisions of this chapter in or for any building or to alter, repair or convert any such existing fuel burning, space heating, air conditioning or incinerator equipment or appurtenances as are subject to the provisions of this chapter without first making written application for a permit therefor setting forth the nature and extent of the work to be performed. (Ord. 5664, 9-19-2022) 9-5-7: INSTALLATION BY OWNER: In cases where the owner/occupant desires to do heating, air conditioning and ventilation work in the owner's own residence, the owner shall appear before the mechanical inspector and show competency in the installations of heating, air conditioning and ventilation systems. Upon such showing of competency and approval and payment of Page 220 of 228 required fees, a mechanical permit shall be issued. Said permit authorizes owner to do heating, air conditioning and ventilation work only in the dwelling owned and occupied by said owner without licensing, certificate of insurance or help from other than family members. Said person performs all labor in connection therewith, has the necessary inspections made and complies with code requirements. (Ord. 5664, 9-19-2022) 9-5-8: NOTIFICATION FOR INSPECTION: A. It shall be the duty of the permit holder to notify the inspector that the work is ready for inspection or test. All inspections require twenty four (24) hours' notice. B. It shall be the duty of the permit holder to make sure the work will stand the test prescribed before giving notification. C. If the inspector finds that the work will not stand a required test, or corrections are required, the journeyman HVAC shall be required to notify the inspector when the necessary corrections are complete for re -inspection. If the journeyman HVAC calls for a re -inspection where corrections were required and the corrections were not made, a re - inspection fee will be assessed to the contractor. The re -inspection fee shall be paid before additional inspections are made. D. If the inspector fails to appear within twenty four (24) hours, during normal working hours, of the time set for each inspection or test, the inspection or test shall be deemed to have been made, but the journeyman HVAC doing the work shall be required to file an affidavit with the mechanical inspector that the work was installed with the ordinance and permit, and that it was free from defects and that the required test had been made and the system was found free from leaks. (Ord. 5664, 9-19-2022) 9-5-9: APPLICABILITY: If an existing building is damaged by fire or otherwise or altered in a manner to require the replacement of fifty percent (50%) or more of the structure as determined by the authority having jurisdiction, the entire building shall conform to this chapter's requirements for new buildings. (Ord. 5664, 9-19-2022) ARTICLE A. MECHANICAL CODE SECTION: 9-5A-1: Mechanical Code Adopted 9-5A-2: Amendments Page 221 of 228 9-5A-1: MECHANICAL CODE ADOPTED The International Mechanical Code and International Fucl Gas Codc N.F.P.A. 54 fuel gas code are adopted by this reference except as added to, deleted, modified or amended otherwise herein, and there is adopted as the mechanical code of the city, that certain mechanical code known as the International Mechanical Code, 2021 2024 edition, International Fucl Gas Code N.F.P.A. 54, 2024 edition, as prepared by the International Code Council (ICC). (Ord. 5664, 9 19 2022) 9-5A-2: AMENDMENTS: Where this chapter uses the phrase heating, air conditioning, and ventilation; fuel gas and mechanical systems appliances, and equipment shall be understood to be included. The following sections of the 2021 2024 International Mechanical Code (ICC) and 2021 2024 Internation Fucl Gas Coda N.F.P.A. 54 fuel gas code are amended as follows: Section 101.1 Insert: city of Waterloo. Section 101.2 Delete: Exception. Sections 103.1, 103.2 and 103.3 Delete in their entirety. Section 106.2 105.2 of the 2021 2024 International mechanical code Add: item #9, electric baseboard heating system. Section 106.5.2 108.2 of the 2021 2024 international mechanical code and section 106.6.2 of the 2021 intcrnational fuel gas codc are hereby amended to read: Permit fees. All mechanical permits fees shall be established by resolution of the city council and paid prior to issuance of a permit or re -inspection. Section 106.5.3 108.6 of the 2015 2024 international mechanical code and ccction 106.6.3 of the 2021 international fuel gas code are -hereby amended as follows: Fee Refunds: 1t2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. tf3 Deleted. Section 113.1 Article B. Mechanical Board for Licensing and Appeals. Section 108.1 114.4 of the 2021 2024 international mechanical code are hereby amended as follows: and 2021 intcrnational fuel gas codc arc deleted and replaced with the following: Page 222 of 228 108.4 Municipal Infraction. 108.4.1 114.4.1 Any person, firm or corporation failing to comply with or violating any of the terms or provisions of this ordinance shall be deemed guilty of a municipal infraction and upon conviction thereof, be punished accordingly. 108.4.2 114.4.2 If any mechanical work, including construction or repair, is performed within the city contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and in addition to penalties described, shall be corrected in accordance with this ordinance. 108.4.3114.4.3 The omission or failure to perform any act or duty required by this ordinance or the performing of any act which is prohibited or declared to be unlawful by this ordinance, an offense or a municipal infraction pursuant to this ordinance or the international mechanical code and/or intcrnational N.F.P.A. 54 fuel gas code is punishable by a fine of up to twe five hundred dollars ($2 0 500.00) for the first offense and up to four seven hundred fifty dollars ($400 750.00) for each subsequent offense. Delete section 108.4 of the 2021 international mechanical code and 2021 international fuel gas code. Delete sections 109.2, 109.3, 109.4, 109.5, 109.6 and 109.7 of the 2021 2024 international mechanical code and 2021 international fuel gas code. Amend section 507.2,2 of the 2021 2024 international mechanical code by deleting the following wording "into the HVAC system design or". Add sections 507.2.3.1.9 and 507.2.3.2 to the 2021 2024 international mechanical code. Section 507.2.9 Cooking appliances used in commercial -type occupancies such as places of worship, fellowship halls, lodge halls, employee kitchens, and classrooms may need to be provided with a hood based on the type of appliances and processes in accordance with sections 507.2, and 507.2.1. Light -duty appliances that produce heat or moisture and do not produce grease or smoke may need to be provided with a hood in accordance with sections 505.1, 501.1 exception 1, and 505.2. At the discretion of the building official or designee, in all applications, portable fire extinguishing equipment shall be provided as directed by the fire marshal. Exception: If a type 1 hood with fire suppression system is not needed or installed, a permanent etched sign with background contrasting letters at least 2 inches in height shall be installed in plain sight on or near the hood stating "NO FRYING, GRILLING, SAUTEING OR GREASE ALLOWED". Page 223 of 228 1. Complete and submit a use agreement form available at the building department. 2. The equipment is limited to a maximum of two domestic light -duty appliances in any one location. 3. Complete hood coverage of the cook area is provided and hood is ducted in compliance with the mechanical code requirements for type II hoods. 4. Cooking practices are limited to tenants of the building. 5. Frying, sauteing, grilling or other grease producing activities that produces more than minimal amounts of grease or grease vapor are prohibited. 6. Portable fire extinguishing equipment shall be provided as directed by the city. 7. A permanent etched sign shall be installed in plain sight on the hood stating "ONLY MINIMAL FRYING, GRILLING, OR SAUTEING ALLOWED". 8. Where the cooking equipment is to be used as training equipment, it shall not be used by students without direct supervision of an instructor. 9. The approved use is tenant based. If the tenant changes, the occupancy changes, or the type of cooking changes, approval of the alternative hood is voided. 10. City inspectors shall have the authority to immediately void the approval if any of the above conditions are found to be in violation. (Amend chapter 6 of the international mechanical code, 601.5. Exception #5 will not apply to existing unaltered structures. All new single family or existing single family converted to multi -family living will not be exempt.) The following is added to section 402.6 the 2024 N.F.P.A. 54 of the 2015 international national fuel gas code: 1. tf7 Maximum gas delivery pressure into a dwelling shall not exceed 14" water column ("w.c."). Sections 403.4.3, 403.4.4, 403.5, 403.5.2, 403.5.3 of the 2015 international fuel gass codc arc hcrcby dcictcd and rcplaccd with the following: 2. 403.4.3 Pipe used for the installation, extension, alteration or repair of gas piping shall be standard weight wrought iron or steel (galvanized or black). Corrugated stainless steel tubing (C.S.S.T.) may be permitted for residential use only. The following section to ai- ded to the 2021 international f uel `sac+ code• 2A. 403.5.5 Inspection Procedure For C.S.S.T. Page 224 of 228 (a) An air pressure test of a minimum ten (10) pounds for a minimum of fifteen (15) minutes must be performed after the piping is installed in rough construction. (Before cover of interior walls and ceiling are finished.) (b) Another air test of the same requirement must also be performed after the cover of walls and ceiling are complete. Both of which tests must be witnessed by the mechanical inspector. At no time before this, will gas service be released to the building. (c) After final pressure test, piping can be connected to the gas service, a gas shut off will be required before each connection is made into existing pipe, and C.S.S.T. must terminate at ceiling or floor joist and hard piped with a shut off to each appliance. Section 403.10.4 of the 2021 international fuel gas code is hereby deleted and replaced with the following: 3. Gas piping larger than 2" (50.8 mm) in size regardless of gas pressure and any size gas pipe carrying 1 pound p.s.i. or more gas pressure shall be welded black pipe with welding performed by a certified welder and pressure tested to a minimum 50 pounds p.s.i. for no less than one (1) hour. 4. In lieu of the NEC, HVAC air handling equipment with a blower motor or electric elements in a duct needs to be provided with disconnect means within reach of the unit. 5. Fullway Valve/ Gas Valve. A fullway valve or gas valve controlling outlets shall be installed on the discharge side of each gas meter and each unmetered gas supply. Gas piping supplying more than one building on one premise shall be equipped with a separate fullway valve to each building, so arranged that the gas supply can be turned on or off to an individual or separate building provided. Such shutoff valves shall be accessible, and on the exterior of the structure. This shall be in all new construction, re -pipe, and gas shut off releases. (Ord. 5664, 9 19 2022) ARTICLE B. MECHANICAL BOARD FOR LICENSING AND APPEALS SECTION: 9-5B-1: Board Established; Composition 9-5B-2: Appointment, Terms 9-5B-3: Quorum Page 225 of 228 9-5B-4: Powers And Duties 9-5B-1: BOARD ESTABLISHED; COMPOSITION: A. Board Established: There is hereby established a mechanical board for licensing and appeals, hereinafter referred to as the board, with authority and responsibility as follows: 1. To act as a board of appeals as provided in the heating, air conditioning and ventilation code. 2. To periodically review the provisions of the heating, air conditioning and ventilation code and recommend to the building official for improving and updating said ordinance. B. Composition Of Board: The board shall consist of five (5) members, all of whose place of business or residence is located in the city. All members shall be qualified by experience and training to pass judgment upon matters pertaining to the installation of heating, air conditioning, and ventilation systems. The membership shall be as follows: three (3) certificate of competency holders, and two (2) members at large, with no one company or interest being represented by more than one member of the board. The city mechanical inspector or building official's designee shall act as secretary to the board. (Ord. 5664, 9- 19-2022) 9-5B-2: APPOINTMENT, TERMS: A. Appointment Of Members: The members of the mechanical board for licensing and appeals shall be appointed by the mayor with the approval of the city council. B. Terms: After the initial appointment of the board, the terms of the members shall be for three (3) years except that the initial terms shall be so arranged and staggered that the terms of no more than two (2) members shall expire on December 31 of any one year. A vacancy within any term shall be filled by appointment of the mayor with the approval of the city council for the unexpired portion of that term only. C. Compensation: The members of the board shall serve without compensation. D. Organization: The board shall designate a member as chair and vice chair and shall adopt reasonable rules for conducting its investigations and proceedings, and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the city council new legislation as is consistent therewith. (Ord. 5664, 9-19-2022) 9-5B-3: QUORUM: Page 226 of 228 Three (3) members of the board shall constitute a quorum for the transaction of business, provided that a decision on a matter relating to a specific license shall not be valid unless decided in the presence of a board member who holds a similar valid license. Any vote taken for the purpose of suspending or revoking a contractor's license shall require a majority vote of all members of the board. (Ord. 5664, 9-19-2022) 9-5B-4: POWERS AND DUTIES: The mechanical board for licensing and appeals shall have the following powers and duties: A. To hold regular meetings when determined necessary for the purpose of conducting examinations of applicants for mechanical certificates of competency or heating, air conditioning and ventilation appeals. B. To act upon reports of violations by licensed contractors as filed by the mechanical inspector with the board. C. To prescribe rules consistent with the provisions of this chapter for hearings before the board to suspend, revoke, or reinstate licenses. D. To keep a complete record of the official proceedings of the board; to preserve all documents, books, and papers relating to appeals, examinations for licenses, and hearings of complaints and charges for at least three (3) years. E. To hear appeals from the decision of the mechanical inspector and to rule on interpretations of the provisions of the heating, air conditioning and ventilation code. (Ord. 5664, 9-19-2022) ARTICLE C. MECHANICAL CONTRACTORS SECTION: 9-5C-1: License Required 9-5C-2: Conditions Of License 9-5C-3: Revocation Of License 9-5C-1: LICENSE REQUIRED: A. License: No person other than those holding a current state mechanical contractor license, in addition to their state master HVAC license shall be allowed to work at the trade of heating, air conditioning, and ventilation in the city of Waterloo. Page 227 of 228 B. Unlawful To Lend License: It shall be unlawful for any person to lend that person's license, or to borrow the license of another person, nor shall any person offer to assume the responsibility of another person's work, when such person's work would require that person to be licensed under the provisions of this chapter. C. Exemption: Homeowners working on their principal residence shall be exempt from state licensing. (Ord. 5664, 9-19-2022) 9-5C-2: CONDITIONS OF LICENSE: A. Advertising Without License: No person shall advertise in any way that they possess the qualifications to engage in or carry on the heating, air conditioning and ventilation trade or business in the city unless they are a bona fide holder of a valid contractor's license as provided in section 9-5C-1 of this article. 9-5C-3: REVOCATION OF LICENSE: A. Appointment Of Members: The members of the mechanical board for licensing and appeals shall be appointed by the mayor with the approval of the city council. B. Terms: After the initial appointment of the board, the terms of the members shall be for three (3) years except that the initial terms shall be so arranged and staggered that the terms of no more than two (2) members shall expire on December 31 of any one year. A vacancy within any term shall be filled by appointment of the mayor with the approval of the city council for the unexpired portion of that term only. C. Compensation: The members of the board shall serve without compensation. D. Organization: The board shall designate a member as chair and vice chair and shall adopt reasonable rules for conducting its investigations and proceedings, and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the city council new legislation as is consistent therewith. (Ord. 5664, 9-19-2022) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll -free at 800-445-5588. Hosted by: American Legal Publishing Page 228 of 228