HomeMy WebLinkAboutCouncil Packet - 12/9/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAR OLD E. GETTY COUNCIL CHAMBERS
Monday, December 9, 2019
5:30 PM
CITY OF WATERLOO
GOALS
1. Support the creation of new, livable wage jobs through a balanced economic development
approach of assisting existing businesses, fostering start-ups, attracting new employers
and cultivating an adequate workforce.
2. Implement a Community Policing strategy that creates a safe environment in Waterloo.
3. Reduce the City's property tax levies through a responsible balance of cost reduction in
City operations and increases in taxable property valuations to ensure that Waterloo is a
competitive, affordable, and livable city.
4. Enhance the image of Waterloo and the City to residents and businesses inside and
outside of the community.
General Rules for Public Participation
1. At the chair/presider's discretion, you may address an item on the current agenda by
stepping to the podium, and after recognition by the chair/presider, state your name,
address and group affiliation (if appropriate) and speak clearly into the microphone.
2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you
have registered with the City Clerk's office no later than 4:00 p.m. on the day of the
Council Meeting. If not registered with the City Clerk's office you may speak one (1) time
per item for a maximum of three (3) minutes.
3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow
everyone who wishes to address the council, using the same participation guidelines found
in these "general rules".
4. Although not required by city code of ordinances, oral presentations may be allowed at
the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral
presentations" section of the agenda is your opportunity to address items not on the
agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you
have registered with the City Clerk's office no later than 4:00 p.m. on the day of the
Council Meeting. If not registered with the City Clerk's office a speaker may speak to one
(1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken
by the Council at that time, but may be placed on a future agenda or referred to the
appropriate department.
5. Keep comments germane and refrain from personal, impertinent or slanderous remarks.
6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office
at 291-4323.
7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the
day of the City Council meeting to appear before the City Council (may also register by
phone). Registered speakers will be given first priority.
Page 1 of 61
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Chris Youngblut, Director of Technology
Agenda, as proposed or amended.
Minutes of December 2, 2019, Regular Session, as proposed.
Proclamation declaring December 9, 2019 International Human Rights Day
Celebration.
ORAL PRESENTATIONS
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.
1. Consent Agenda:
(The following items will be acted upon by voice vote on a single motion without
separate discussion, unless someone from the council or public requests that a
specific item be considered separately)
A. Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is
on file in the office of the City Clerk.
2. Resolution setting date of public hearing as December 30, 2019 on the proposed
reallocation of not to exceed $550,000 Unspent Proceeds of the General
Obligation Bonds, Series 2016A, and instruct the City Clerk to publish notice.
Submitted By: Michelle C. Weidner, Chief Financial Officer
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Ben Neil, Engineering Technician
Class/Meeting: IDOT recertification
Destination: Cedar Rapids, IA
Dates: January 13, 2020
Amount not to exceed: $130
b. Kelly T. Martin, Housing Rehabilitation Specialist
Class/Meeting: Iowa Lead and Asbestos Safety Course
Page 2 of 61
Destination: Des Moines, IA
Dates: January 12-17, 2019
Amount not to exceed: $2,305
c. Matt Buenger, Engineering Technician
Class/Meeting: Iowa Department of Transportation Aggregate Technician
Certification
Destination: Cedar Rapids, IA
Dates: February 3-6, 2020
Amount not to exceed: $520
d. Michelle Weidner, Chief Financial Officer
Class/Meeting: 24th Annual Governmental Auditing and Accounting
Principals Update
Destination: Webinar - in office
Dates: December 17, 2019
Amount not to exceed: $180
2. LIQUOR LICENSES
a. Courtyard by Marriott, 250 Westfield Avenue
Class: B Liquor w/Outdoor Service/Catering
Renewal Application Includes Sunday
Expiration Date: 11/19/2020
b. Grout Museum, 503 South Street *5 Day*
Class: Special Class C Liquor
New Application Includes Sunday
Expiration Date: 12/6/2019
c. LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 11/5/2020
3. Motion approving recommendation of appointment of Mindy M. Smith from the
civil service list to the position of Intake /Project Specialist, effective December
30, 2019.
Submitted By: Rudy D. Jones, Community Development Director
4. Cigarette/Tobacco Permit New Application for Casey's General Store #3880,
1900 W. Ridgeway Avenue.
5. Application for Recycling Yard License, Can -Am Auto Salvage, 1041 Sheffield
Avenue.
6. Application for Recycling Yard License, Can -Am Auto Salvage, 1117 Sheffield
Avenue.
PUBLIC HEARINGS
2. Purchase of one (1) 2020 3/4 Ton, 4WD Crew Cab Truck for the Street
Page 3 of 61
Department.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications, bid document, etc.
Resolution authorizing to proceed.
Motion to receive, file and instruct City Clerk to read bids and refer to the Public Works
Division Manager for review.
Submitted By: Randy Bennett, Public Works Division Manager
RESOLUTIONS
3. Resolution approving a Facility Use Agreement with the Waterloo Rowing Club, and
authorizing the Mayor and City Clerk to execute said document.
Submitted By: Paul Huting, Leisure Services Director
4. Motion approving final quantity adjustment for a net increase of $22,582.78, for FY
2018 Waterloo Boathouse Enhancements, Contract No. 940, and authorizing the
Mayor and City Clerk to execute said document.
Submitted By: Travis Nichols, Facilities/Project Manager
5. Resolution approving Completion of Project and Recommendation of Acceptance of
Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, at a total
cost of $852,287.07, in conjunction with the FY 2018 Waterloo Boathouse
Enhancements, Contract No. 940.
Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services
6. Resolution approving Acceptance of Improvements of Greenbelt Centre Plat No. 3,
performed by K. Cunningham Construction Co. Inc., of Cedar Falls, Iowa
and Heartland Excavating, LLC, of Jesup, Iowa, and receive and file two-year
maintenance bonds.
Submitted By: Dennis J. Gentz, PE, Assistant City Engineer
7. Resolution approving acceptance of Improvements of Greenbelt Centre Plat No. 5,
performed by K. Cunningham Construction Co. Inc., of Cedar Falls, Iowa and
Heartland Excavating, LLC, of Jesup, Iowa.
Submitted By: Dennis J. Gentz, PE, Assistant City Engineer
8. Resolution approving a Permanent Easement Agreement with MidAmerican Energy, to
allow for the construction of a two electric vehicle charging stations near the Center for
the Arts parking lot at 225 Commercial Street, and authorizing the Mayor and City
Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
9. Resolution approving the Electric Vehicle Site Host Agreement with MidAmerican
Energy Company, to allow for the construction of a two electric vehicle charging
stations near the Center for the Arts parking lot at 194 W. 2nd Street, and authorizing
the Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
Page 4 of 61
OTHER COUNCIL BUSINESS
10. Motion approving denial of Liquor License No. LC0038886, Class C Liquor,
Renewal Application for MidTown Development, LLC, DBA SKY, 501 Sycamore
Street, expiration date December 14, 2019.
Submitted By: Kelley Felchle, City Clerk
11. Motion approving Change Order No. 1 from D.W. Zinser Company, Walford,
Iowa, for a net increase of $6,000, in conjunction with demolition services at
919-925 Commercial Street, and authorizing the Mayor and City Clerk to
execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
12. Motion approving Change Order No. 1, from Advanced Environmental Testing
and Abatement, Inc., of Waterloo, Iowa, for a net increase of $5,800, in
conjunction with Asbestos Abatement Contract No. AB-2019-04-8P, originally
signed on April 8, 2019, to add abatement related services at 328 W. 14th Street,
for a total contract amount of $16,400, and authorizing the Mayor and City Clerk
to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
13. Motion approving Change Order No. 7 from AECOM, of Waterloo, Iowa, for a
net increase of $24,964, in conjunction with 2018 Remedial Actions Phase IIIB,
Contract No. 949, and authorizing the Mayor to execute said document.
Submitted By: Brian Bowman, Treatment Operations Supervisor
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
Page 5 of 61
CITY OF WATERLOO
Council Communication
Minutes of December 2, 2019, Regular Session, as proposed.
City Council Meeting: 12/9/2019
Prepared:
REVIEWERS:
Department Reviewer Action
Clerk Office Higby, Nancy Approved
ATTACHMENTS:
Description Type
❑ Minutes of December 2, 2019 Backup Material
Submitted by: Submitted By:
Date
12/3/2019 - 10:43 AM
Page 6 of 61
December 2, 2019
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers,
Waterloo, Iowa, at 5:30 p.m., on Monday, December 2, 2019. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Mr. Morrissey joined the meeting via telephone.
Prayer or Moment of Silence.
Pledge of Allegiance: Steve Schmitt, At -Large Council Member
157161 - Juon/Amos
that the Agenda, as proposed, for the Regular Session on Monday, December 2, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
157162 - Juon/Amos
that the Minutes, as proposed, for the Regular Session on Monday, November 25, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Todd Obadal, 124 Amity Drive, questioned the date and who approved the payout to Steve
Hoambrecker and the date the storm sewer at W. 8th and Locke was plugged with cement by the
City.
Jim Chapman, 224 Bertch, requested an update on status for replacing mailboxes near the old Hy-
Vee store.
City Attorney, Martin Petersen explained he has contacted the area supervisor and was told his call
would be returned but that he hasn't received that phone call to date from the postal service.
Mayor Hart stated they would be following up to resolve the issue and that other issues are being
addressed in this area.
David Dryer, 3145 W. 4th Street, expressed financing concerns with regards to Mayors and
candidates visiting Waterloo. Mr. Dryer suggested recycling sites be monitored with cameras as he
witnessed restricted items being placed in recycling containers.
Mayor Hart explained that the Mayors and candidates visiting Waterloo will be patronizing
numerous businesses during their stay, adding to the economy, benefitting the taxpayers.
Cheryl Christiansen, 1702 E. Mitchell, stated the post office placed a notice in one of the mailboxes
previously mentioned, notifying the owner of their new box number, now located a block away from
her residence and questioned if the area was so dangerous why the post office wouldn't have given
her the notice while she was there picking up her mail.
Council member Margaret Klein addressed the Council in response to Mr. Obadal's statements,
explaining that her experience on the council has been that all citizens are treated equally and
income or the location of a residence is not taken into consideration when determining a project.
157163 - Juon/Amos
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
157164 - Juon/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
Page 7 of 61
December 2, 2019 Page 2
2.
1. Resolution approving Finance Committee Invoice Summary Report, dated December 2,
2019, in the amount of $841,254.036, a copy of which is on file in the City Clerk's office,
together with recommendation of approval of the Finance Committee.
Resolution adopted and upon approval by Mayor assigned No. 2019-925.
2. Resolution setting date of public hearing as December 30, 2019, to approve a request by Fred
Rose, L.C. for a Site Plan Amendment to the "M-2,P" Planned Industrial District, to allow
for the construction of a 14,300 square foot airport hangar, located east of 2790 Livingston
Lane, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-926.
3. Resolution setting date of public hearing as December 16, 2019 to approve the request by the
City of Waterloo to vacate 7,445 square feet of street right-of-way adjacent to 3070 West
Airline Highway, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-927.
4. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date
of bid opening as December 19, 2019 and date of public hearing as December 30, 2019, for
the FY 2020 3200 block of W. Airline Highway Sanitary Sewer, Contract No. 979, and
instructing the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-928.
5. Resolution approving request to seek proposals for laundry services for Waterloo Fire
Rescue.
Resolution adopted and upon approval by Mayor assigned No. 2019-929.
6. Resolution approving request to certify assessment to property for work performed by the
Waterloo Water Works at three (3) locations, together with recommendation of approval by
the Waterloo Water Works Board of Trustees.
Resolution adopted and upon approval by Mayor assigned No. 2019-930.
b. Motion to approve the following:
a.
b.
Approved Beer, Liquor, and Wine Applications
Name & Address of Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
XO Food and Liquor, 428
Franklin St.
B Wine/C Beer
Renewal
12/14/2020
x
Golf Headquarters, 1850 W.
Ridgeway Ave.
B Beer
Renewal
Renewal
x
3. Receive and place on file the 2020 Budget of the Waterloo Water Works, and authorizing City Clerk
to file said documents with the Black Hawk County Auditor.
Roll call vote -Ayes: Seven. Motion carried.
RESOLUTIONS
157165 - Schmitt/Amos
that "Resolution approving award of bid to Boulder Contracting, LLC, of Grundy Center, Iowa, in
the amount of $136,315.75, and approving the contract, bonds and certificate of insurance, in
conjunction with the FY 2020 Rip Rap Repairs Along Levee System, Contract No. 999, and
authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Page 8 of 61
December 2, 2019 Page 3
Resolution adopted and upon approval by Mayor assigned No. 2019-931.
157166 - Amos/Schmitt
that "Resolution approving a Professional Services Agreement with Strand Associates, Inc., of
Madison, Wisconsin, in an amount not to exceed $1,485,000, in conjunction with bidding and
construction related services for the Wastewater Treatment Plant FY 2020 Biosolids Modifications,
and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-932.
157167 - Amos/Feuss
that "Resolution approving award of bid to Boomerang Corporation of Anamosa, Iowa, in the
amount of $4,267,662, and approving the contract, bond, and certificate of insurance in conjunction
with the Dry Run Creek Interceptor, Contract No. 877, and authorizing the Mayor and City Clerk to
execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-933.
157168 - Amos/Feuss
that "Resolution authorizing the transfer of $64,250 from Fund 010, General Fund, to Fund 101, Tax
Increment Financing Fund, to reimburse the TIF fund for eligible contract expenses, effective June
30, 2019", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-934.
OTHER COUNCIL BUSINESS
157169 - Amos/Feuss
that Change Order No. 1 for a net increase of $1,800, to Lehman Trucking and Excavating, Inc., of
Waterloo, Iowa, in conjunction with demolition services at 326 Crescent Place, be received, placed
on file and approved. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
157170 - Juon/Amos
that the Council adjourn at 5:57 p.m. Voice vote -Ayes: Seven. Motion carried.
LeAnn M. Even
Deputy City Clerk
Page 9 of 61
CITY OF WATERLOO
Council Communication
Proclamation declaring December 9, 2019 International Human Rights Day Celebration.
City Council Meeting: 12/9/2019
Prepared:
REVIEWERS:
Department Reviewer Action
Human Rights Even, LeAnn Approved
ATTACHMENTS:
Description Type
❑ Proclamation - Human Rights Day Celebration Backup Material
Submitted by: Submitted By:
Date
12/5/2019 - 12:21 PM
Page 10 of 61
CITY OF WATERLOO, IOWA
PROCLAMA11ON
1lltfikS,
WiiE$EA.S,
On December 10, 1948, nations from six continents came
together to adopt the Universal Declaration of Human
Rights. This extraordinary document affirmed that every
individual is born equal with inalienable rights, and it is
the responsibility of governments to uphold these rights.
In more than 430 translations, the Declaration recognizes
the inherent dignity and worth of all people and supports
their right to chart their own destinies. On the
anniversary of this human rights milestone, we join with
all those who are willing to strive for a brighter future,
and together, we continue our work to build the world our
children deserve; and
we want our children to lead healthy lies and pursue an
education without fear and when citizens are empowered
to pursue their full measure of happiness without
restraint, they help ensure that economies grow, stability
and prosperity spread, and communities flourish.
Protecting human rights everywhere extends the promise
of democracy and bolsters the values that serve as a basis
for peace in our world; and
it is our obligation as free people to stand with courageous
individuals who raise their voices to demand universal
rights. Under extremely difficult circumstances — and
often at grave personal risk — brave human rights
defenders and civil society activists throughout the Cedar
Valley are working to actualize the rights and freedoms
that are the birthright of all humankind. We will
continue to support all those who champion these
fundamental principles, and we will never stop speaking
out for the human rights of all individuals, at home and
abroad. It is part of who we are as a people and what we
stand for as a Cedar Valley United; and
c5)
Page 11 of
WfwaREAso
we honor those by continually working to protect the
personal dignity of all Waterloo citizens regardless of
race, gender, religion or non -religion, ethnic background,
sexual orientation, national origin or ability and to ensure
social, political and economic freedoms and opportunities
for all;
NOW, THEREFORE, I, Mayor Quentin Hart, do hereby proclaim Monday,
December 9, 2019, the official recognition of International Human Rights Day
Celebration in Waterloo, and the official kick-off of a city-wide "2020 Human Rights
Corridor of Activity." This "Corridor of Activity" features round table discussions,
theatrical productions, community book -reads, the inimitable
WATERLOO FREEDOM BUS TOUR
And celebrates 52 years since the assassination of the beloved Reverend Dr. Martin
Luther King, Jr., whose servant leadership led to the creation of civil and human rights
organizations throughout the nation, including Waterloo Commission on Human Rights.
IN WITNESS IATHEREOF, I have hereunto set my hand and caused the official seal
of the City of Waterloo to be affixed this 91h day of December, 2019.
ATTEST:
elley Felch! Quentin Hart
City Clerk V Mayor
Pag
e12of
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as December 30, 2019 on the proposed reallocation of not to exceed
$550,000 Unspent Proceeds of the General Obligation Bonds, Series 2016A, and instruct the City Clerk to
publish notice.
City Council Meeting: 12/9/2019
Prepared: 12/4/2019
REVIEWERS:
Department Reviewer Action Date
Finance Weidner, Michelle Approved 12/4/2019 - 10:14 AM
Clerk Office Higby, Nancy Approved 12/4/2019 - 11:11 AM
ATTACHMENTS:
Description Type
❑ Bond Reallocation 2016A Set Date of Hearing Cover Memo
SUBJECT:
Resolution setting date of public hearing as December 30, 2019 on the
proposed reallocation of not to exceed $550,000 Unspent Proceeds of the
General Obligation Bonds, Series 2016A, and instruct the City Clerk to
publish notice.
Submitted by: Submitted By: Michelle C. Weidner, Chief Financial Officer
Summary Statement:
Repairs are needed to the Fourth Street Dam. These actions will provide
funds for the repairs.
Page 13 of 61
CITY OF WATERLOO, IOWA
CITY CLERK AND FINANCE DEPARTMENT
KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer
Mayor Council Communication
QUENTIN City Council Meeting: December 9, 2019
HART Prepared: December 4, 2019
Dept. Head Signature: Michelle Weidner, Chief Financial Officer
COUNCIL
MEMBERS Number of Attachments: None
MARGARET
KLEIN
Ward 1
BRUCE
JACOBS
Ward 2
PATRICK
MORRISSEY
Ward 3
JEROME
AMOS, JR.
Ward 4
RAY
FEUSS
Ward 5
SHARON
NON
At -Large
STEVE
SCHMITT
At -Large
SUBJECT: Funding for Dam Repairs
Submitted by: Michelle Weidner, Chief Financial Officer
Recommended City Council Action:
Adopt a resolution to set the date of hearing as December 9, 2019 for the reallocation of
Unspent Proceeds of the General Obligation Bonds, Series 2016A in an amount not to
exceed $550,000 and instruct the City Clerk to publish notice.
Summary Statement: This reallocation will provide funding needed to
complete repairs to the Fourth Street Bladder Dam.
Expenditure Required: $550,000
Source of Funds: Bond funds.
Policy Issue: None.
Alternative: Alternatives would be to sell new bonds or not
proceed with the project.
Background Information: N/A
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Page 14 of 61
CITY OF WATERLOO
Council Communication
Motion approving recommendation of appointment of Mindy M. Smith from the civil service list to the
position of Intake /Project Specialist, effective December 30, 2019.
City Council Meeting: 12/9/2019
Prepared: 12/3/2019
REVIEWERS:
Department Reviewer Action Date
Community Development Jones, Rudy Approved 12/4/2019 - 10:07 AM
Clerk Office Higby, Nancy Approved 12/4/2019 - 10:09 AM
ATTACHMENTS:
Description Type
❑ Documents for new hire- Mindy Smith Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Motion approving recommendation of appointment of Mindy M. Smith
from the civil service list to the position of Intake /Project Specialist,
effective December 30, 2019.
Submitted By: Rudy D. Jones, Community Development Director
request approval
Hourly rate of $18.00 which increases to $18.50 pending a satisfactory six
month performance.
Funds have been budgeted for the position with Lead Grant Funds and
CDBG funds
Page 15 of 61
PERSONNEL REQUISITION FORM
Check as applicable: ❑ To start recruiting or civil service process and/or ® To fill a vacancy
Active Civil Service List Expires:
A proposed job description and questionnaire must accompany this form at time of submission to
Human Resources.
Position Title: Intake -Project Specialist Department: Community Development
Reports To: Rudy. D. Jones, Director Work Location: 620 Mulberry Street
Employment Status: ® Regular Full Time IT Temporary Full Time from to
['Regular Part Time ❑ Temporary Part Time from to
['Regular 7-Month ❑ Intern/Co-op Student from to
Type of Position: Recommended Recruitment Sources:
Civil Service Position: ® Yes ❑ No ❑ Internal Posting Only
Bargaining Position: ❑ Yes ® No ❑ Internal Posting and External Advertising
Bargaining Group:
Non -bargaining Position: ® Yes ❑ No
Complete the following if the requisition is to fill a vacancy:
n New Position or ® Replacement Position for: Jenna Northey-Intake/ Project Specialist
(Specify name and title of former incumbent)
Date incumbent terminated employment: 12/31/19 Date of final payout:
Anticipated start date: asap No. of hours/week: 40 Work schedule: 8-5
Justification of need for position: Resignation
What are the likely consequences if the position is not filled? Mandatory due to lead grant funding
APPROVALS
Annual salary requirements: $37,440-$43,680 Hourly Rate: $18.00-$21.00 hourly Benefits: yes
(Payroll taxes, pension, health ins.- assuming family)
Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded?
Approved subject to the following conditions:
Submitting epartrnv t Head Date Mayor Date
Chief Financial Officer Date City Clerk/Human Resources Director Date
Human Resources Committee Chairperson Date
Created 8/7/2014
Page 16 of 61
Submit resume by going to www.cityofwaterlooiowa.com clicking on Job Vacancies, reviewing the
Intake/Project Specialist description and following directions to submit cover letter and resume. We will not
accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline to submit resume is Noon on
Friday, July 26, 2019.
CIVIL SERVICE NOTICE
CITY OF WATERLOO, IOWA
OPEN EXAMINATION
INTAKE/PROJECT SPECIALIST
DEPARTMENT
SALARY
FLSA
CIVIL SERVICE
BARGAINING UNIT
COMMUNITY PLANNING & DEVELOPMENT
$18.00 — $21.00 (hour
NON-EXEMPT
INCLUDED
NON -BARGAINING
GENERAL STATEMENT OF DUTIES
Performs complex office/clerical and project specific duties for Community Development. The work is performed
under the general direction of the Community Development Director or designee, 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. Types forms, reports and routine
correspondence required as part of
application process for Community
Development assistance; sends variety of
letters and notices to applicants requesting
assistance; keeps applicant files up-to-date.
2. Performs initial data entry on applicants,
updates and maintains electronic and paper
applicant files including making appropriate
entries into the applicant database or other
databases.
3. Maintains weekly application system to keep
track of due dates for documentation from
applicants and keeps "One Roof' software
database up-to-date.
4. Assists applicants with paperwork, explains
process and answers questions.
5. Participates in training and team meetings,
staff meetings, staff training and participates
in development of positive team
relationships.
6. Assists in answering incoming department
telephone and provides information based
on knowledge of department policies,
regulations and procedures or directs
questions to proper staff person.
7. Compiles data, prepares reports, performs
data entry and completes forms on personal
computer using the applicable software
including Microsoft Word and Excel and One
Roof; operates calculator and other office
equipment.
8. Assists in collection and analysis of a variety
of data related to Community Development
programs.
9. Compiles data, updates files and assists with
monitoring projects for regulation
compliance as directed.
10. Conducts research, interprets and applies
Page 17 of 61
technical information related to a variety of
Community Development programs and
projects and relays this information to staff
in a clear and understandable format.
11. Prepares and presents written and verbal
reports and communications, and prepares
and maintains project logs including work
assignments, inspection activities and grants
as requested by the Community
Development Director.
12. Participates in strategy and planning
related to Community Development
programs and activities.
13. Works independently and with others with
minimum supervision.
14. Attends work regularly at the designated
place and time.
15. Performs all work duties and activities in
accordance with City policies, procedures
and City, OSHA, and Community, Planning
& Development safety rules and regulations.
16. Performs all other related duties as assigned.
REQUIRED KNOWLEDGE & ABILITIES
1. Ability to present materials and information
in good report form, complete forrns and
perform required record keeping.
2. Skilled in use of personal computer and
knowledge of related software applications
including Microsoft Word, Excel and
Outlook with ability to enter and retrieve
information on a computer, develop
computer -generated reports and update
records.
3. Ability to read, interpret and follow Federal
regulations regarding government -subsidized
programs.
4. Ability to work independently with minimum
supervision.
5. Ability to work with frequent deadlines with
attention to detail and complete tasks and
documentation in a timely manner.
6. Ability to think logically in following
instructions and procedures; ability to keep
files and reports organized and up-to-date.
7 Ability to communicate effectively orally and
in writing, present facts and findings, give
directions to and respond to questions from
the public, coworkers and clients tactfully
and in a clear, concise and easily
understandable manner.
8. Ability to maintain effective working
relationships with other City employees,
supervisors, clients and the public.
9. Ability to keep accurate and thorough
records.
10. Ability to function with independent
judgment and skills to plan, organize and
implement the goals and objectives of the
Community Development Department.
11. Ability to work with people from a broad
variety of social, economic, racial, ethnic,
cultural and educational backgrounds.
ACCEPTABLE EXPERIENCE & TRAINING
1. Associate's Degree in accounting or other
business related field with minimum of three
years experience as an accounting clerk or
bookkeeper.
OR
Any equivalent combination of experience
and training that provides the knowledge,
skills and abilities necessary to perform the
essential functions of the position.
2. Skilled in use of personal computer and other
office equipment with knowledge of
Microsoft Word and Excel.
3. Strong written and oral communication skills.
ESSENTIAL PHYSICAL ABILITIES
The following physical abilities are required with or
without accommodation.
Sufficient speech and hearing that permits the
employee to respond to questions from
clients, coworkers and government agency
representatives in person or on the telephone.
Page 18 of 61
Sufficient personal mobility that permits the
employee to safely move about a multi -level
office and access reports, records and files
and travel to needed training or work sites.
3. Sufficient vision that permits the employee to
operate a personal computer, review
documents, records, files, government rules,
regulations and perform other administrative
responsibilities.
MISCELLANEOUS
1. The City of Waterloo will conduct a
background investigation including
employment, education and criminal history
checks on any 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. Must submit to and pass Civil Service
examination procedures including an oral
interview.
WORK SCHEDULE
Generally 8:00 a.m. to 5:00 p.m. Monday through
Friday with a one hour unpaid lunch. Very limited
overtime.
EXAMINATION INFORMATION
Qualified applicants who apply by the deadline date
will be required to appear before an oral examination
panel consisting of a minimum of three people who
have expertise in the areas being tested. An
individual must receive a minimum average score of
sixty points out of one hundred to achieve a passing
score on the oral examination. The top applicants, as
ranked by their scores on the oral examination will be
the individuals placed on the certified list. Applicants
who qualify as outlined and are full time regular
employees of the City of Waterloo shall have one
additional point per full year of employment up to a
maximum of five points added to their final score.
Honorably discharged men and women from the
military or naval forces of the United States who
qualify per provisions of Chapter 35 of the Code of
Iowa and who are citizens and residents of the United
States shall have five additional points added to their
final score upon submission of their DD214 or ten
points added if they were awarded a Purple Heart or
have a service connected disability.
ORAL EXAMINATION DATE
Qualified applicants who apply by the deadline date
will be notified of the time, place and date of the
examination.
A.A./E.E.O.
Minority, female & disabled individuals are
encouraged to apply.
INTAKE -PROJECT SPECIALIST DESCRIPTION 19 June 2019
Page 19 of 61
PERSONNEL, REQUISITION
Intake/Praject Specialist
The following questions are provided as guidelines to assist you in developing your
rational for the position of Intake/Project Specialist in the Community Development
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?
1. Types forms, reports and routine correspondence required as part
of application process for Community Development assistance; sends
variety of Ietters and notices to applicants requesting assistance; keeps
applicant files up-to-date.
2. Performs initial data entry on applicants, updates and maintains
electronic and paper applicant files including making appropriate entries
into the applicant database or other databases.
3. Maintains weekly application system to keep track of due dates for
documentation from applicants and keeps "One Roof' software database
up-to-date.
4. Assists applicants with paperwork, explains process and answers
questions.
5. Participates in training and team meetings, staff meetings, staff
training and participates in development of positive team relationships.
b. Assists in answering incoming depai tiilent telephone and provides
information based on knowledge of department policies, regulations and
procedures or directs questions to proper staff person.
7. Compiles data, prepares reports, performs data entry and completes
foul's on personal computer using the applicable software including
Microsoft Word and Excel and One Roof; operates calculator and other
office equipment.
8. Assists in collection and analysis of a variety of data related to
Community Development Programs.
9. Compiles data, updates files and assists with monitoring projects
for regulation compliance as directed.
Page 20 of 61
of a 3 million dollar Lead Grant. This position will also be utilized to assist in
the development of additional funding sources.
(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? Not Applicable
(8) How has the work load or demands of your department changed in
comparison to your staffing levels over the past three fiscal years? Provide
statistics if possible. Our funding sources change on a regular basis. Intake is
needed for all funding sources and the project portion of the position is based
upon current funding and the types of projects that will be done with the
funding. In the past 3 years we have increased our funding by 3 million
dollars.
(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. Not filling the position would adversely affect our
ability to draw down federal funds to provide the much needed services in
the community. This is a non-negotiable position and must be filled. Worst
case scenario, not only loss of Federal funds but penalty for lack of
compliance.
(10) How do you cover the responsibilities for this position whenever the
incumbent is out on vacation? The rehab staff and admin staff will cover
the duties for short periods.
(11) Is it possible that the City could outsource this position to an outside
agency? If so, what savings, Warty, would the City realize as a result of this
change? No, this position require specialized training and HUD approved
access to their systems
(12) How would you rank this position in terms of its contribution to City
business in comparison with other positions reporting to you? All of our
positions are key in performing our objectives. Especially in helping
determine project and program eligibility before funds can be utilized.
(13) How does this position impact the Goals and Objectives for the City adopted
by the City Council? Without this position being filled, we will not be able
to access federal funds to perform programs and provide services as stated
in the goals and objectives.
Note: Forwardcompleted questionnaire to. Human Resources
Department with original copy of Personnel Requisition form.
Page 21 of 61
December 2, 2019
Rudy D. Jones, Director
Community Development
620 Mulberry Street
Waterloo, IA 50703
RE: Notice
Rudy,
Effective Monday, December 2, 2019, l am putting in my notice of resignation of the
position of Intake/Project Specialist at the Community Development office. I am giving
a full 2+ week notice, so that anything that needs wrapped up before 1 leave, can be
finished.
My final exit date will be sometime before the end of December 2019, and will be
determined by the Community Development Director, based on the staffing need of
the office.
am thankful for my time working for this office, and incredibly grateful for the
experiences I have gained here.
Sincerely,
Jenna Northey
Intake/Project Specialist
Page 22 of 61
CITY OF WATERLOO
Council Communication
Cigarette/Tobacco Permit New Application for Casey's General Store #3880, 1900 W. Ridgeway Avenue.
City Council Meeting: 12/9/2019
Prepared:
REVIEWERS:
Department Reviewer Action
Clerk Office Higby, Nancy Approved
SUBJECT:
Date
12/4/2019 - 11:28 AM
Cigarette/Tobacco Permit New Application for Casey's General Store
#3880, 1900 W. Ridgeway Avenue.
Page 23 of 61
CITY OF WATERLOO
Council Communication
Application for Recycling Yard License, Can -Am Auto Salvage, 1041 Sheffield Avenue.
City Council Meeting: 12/9/2019
Prepared:
REVIEWERS:
Department Reviewer Action
Clerk Office Higby, Nancy Approved
SUBJECT:
Date
12/4/2019 - 11:29 AM
Application for Recycling Yard License, Can -Am Auto Salvage, 1 04 1
Sheffield Avenue.
Page 24 of 61
CITY OF WATERLOO
Council Communication
Application for Recycling Yard License, Can -Am Auto Salvage, 1117 Sheffield Avenue.
City Council Meeting: 12/9/2019
Prepared:
REVIEWERS:
Department Reviewer Action
Clerk Office Higby, Nancy Approved
SUBJECT:
Date
12/4/2019 - 11:30 AM
Application for Recycling Yard License, Can -Am Auto Salvage, 1117
Sheffield Avenue.
Page 25 of 61
CITY OF WATERLOO
Council Communication
Purchase of one (1) 2020 3/4 Ton, 4WD Crew Cab Truck for the Street Department.
City Council Meeting: 12/9/2019
Prepared: 12/4/2019
REVIEWERS:
Department Reviewer Action
Public Works Department Even, LeAnn Approved
ATTACHMENTS:
Description Type
❑ Bid Tabulation Backup Material
SUBJECT:
Date
12/4/2019 - 11:34 AM
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications, bid document, etc.
Resolution authorizing to proceed.
Motion to receive, file and instruct City Clerk to read bids and refer to the
Public Works Division Manager for review.
Submitted by: Submitted By: Randy Bennett, Public Works Division Manager
Recommended Action: Approve Motion
This truck will be used to pull the crack sealing unit for pavement
Summary Statement: preservation. The crew cab will carry the four (4) personnel needed to
complete the project.
Expenditure Required: $36,000.00
Source of Funds: GO Bond 419-19-7100-2117
Policy Issue:
Strategy 3.4 and 3.5 - Identify and implement proven cost and resource
saving measures and continue to engage with local public partners to identify
cost savings, streamline efforts and improve efficiency to City operations
and activities.
Page 26 of 61
One (1) new 2020 3/4 Ton, 4WD, Crew Cab Truck
with 6.75 inch box, 160 inch wheel base, and gasoline only
Bid Tab
Estimate: $36,000
Bidder
Bid Amount
Bill Colwell
Hudson, IA
$32,492.00
Rydell of Independence
Independence, IA
$32,716.00
Page 27 of 61
CITY OF WATERLOO
Council Communication
Resolution approving a Facility Use Agreement with the Waterloo Rowing Club, and authorizing the Mayor
and City Clerk to execute said document.
City Council Meeting: 12/9/2019
Prepared: 11/15/2019
REVIEWERS:
Department Reviewer Action Date
Leisure Services Huting, Paul Approved 11/15/2019 - 5:27 PM
Clerk Office Even, LeAnn Approved 12/4/2019 - 10:11 AM
ATTACHMENTS:
Description Type
❑ Facility Use Agreement Cover Memo
❑ Rowing Club Overview Cover Memo
❑ Insurance Certificate Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Policy Issue:
Resolution approving a Facility Use Agreement with the Waterloo Rowing
Club, and authorizing the Mayor and City Clerk to execute said document.
Submitted By: Paul Huting, Leisure Services Director
Approve Facility Use Agreement as recommended by the Leisure Services
Commission
Waterloo Rowing Club has been using the lower level of the Waterloo
Boathouse since it was constructed in 2010. The club previously used
the boat house that was destroyed in the flood of 2008. Prior to that the
club met at the Waterloo Recreation and Arts Center.
The Club has recently organized as a 501(c) community level
organization and the group has expressed a desire to have a formal use
agreement with the City of Waterloo.
This project supports the City of Waterloo Strategic Plan, Strategy 4.5
"Maintain City facilities that support quality of place."
Waterloo Rowing Club has been using the lower level of the Waterloo
Boathouse since it was constructed in 2010. The club previously used
the boat house that was destroyed in the flood of 2008. Prior to that the
club met at the Waterloo Recreation and Arts Center.
The Club has recently organized as a 501(c) community level
organization and the group has expressed a desire to have a formal use
agreement with the City of Waterloo.
Page 28 of 61
Background Information:
Leisure Services Staff and the Director of the Waterloo Center for the
Arts have met with club members and a draft document was developed
by Chris Wendland on behalf of the City of Waterloo. Further
negotiations resulted in the attached document that was approved by the
Leisure Services Commission at their November 12, 2019 meeting.
Additional attachments include a summary information sheet about the
Club and a copy of their Certificate of Liability Insurance.
Page 29 of 61
FACILITY USE AGREEMENT
This Facility Use Agreement is entered into by and between the City of Waterloo, Iowa, a
municipal corporation having a principal place of business at 715 Mulberry Street, Waterloo,
Iowa, 50701 ("City") and Waterloo Rowing Club, Inc., a 501(c)(3) non-profit organization
whose principal address is 1101 Campbell Ave, Waterloo, IA 50701 (the "Club").
WHEREAS, City owns a boat house facility located at 707 Park Road, Waterloo (the
"Facility"), which the Club has previously used under verbal arrangements between the parties;
and
WHEREAS, the parties desire to allow for future use of the Facility by the Club on the
terms set forth herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties
agree as follows:
1. Subject of Premises. The ground level of the Facility, excluding stairwells to the upper
level and the elevator, is hereby designated for exclusive use of the Club and its members. The
Club members and guests may also use the parking lot and docks in common with the general
public and other users of the Facility on a first come, first served basis. City agrees to designate
a suitable parking location for the Club's boat trailer(s). The parties acknowledge that City will
continue to have access to the premises with keys and alarm codes.
2. Use of Premises. The Club will use the Facility for purposes of promoting wellness and
community in the Cedar Valley through the growth and development of recreational and
competitive crew rowing. The Club shall not conduct any commercial activities upon the
premises without prior written consent of City, except for food or merchandise sales in
connection with scheduled competitive rowing events. The Club is prohibited from making any
permanent modifications to the Facility without the express written consent of City, and any
modifications, improvements and fixtures shall become the property of City upon installation.
The ground level will be accessible to the Club members and city personnel at all times. The
Club agrees that use of the Facility by the Club and its members is at their sole risk. City
provides no dedicated security for the Facility other than such electronic systems as may be
installed therein. The first call for alarm notifications on the ground level will be directed to a
Club officer designated by the Club.
3. Flooding. The parties acknowledge that the Facility is situated near the Cedar River, which
is prone to flooding from time to time. In the event of flooding, the Club is responsible to
evacuate its equipment and possessions. The City agrees to allow the Club to utilize the upper
level of the Facility for storage of flood -displaced items. Any loss or damage to the equipment
or property of the Club or its members due to flooding is the sole risk and responsibility of the
Club, and the Club hereby expressly waives and releases any and all claims against City for or in
respect of such loss or damage. After any flooding event that infiltrates the building, the Club
agrees to clean the ground level portion of the Facility occupied by the Club of any residual
debris or filth. Within 72 hours of gaining safe access to the Facility after a flood, the Club shall
remove from the upper level any items that were stored there during the flood and shall restore
Page 30 of 61
the upper level to its pre -flood condition. Except as set forth in this paragraph, the Club is not
otherwise responsible for damage to the Facility caused by flooding.
4. Riverfront and Docks. City agrees to maintain the current walkway to facilitate safe
passage of rowing shells and Club members from the Facility to the riverfront. The Club is
allowed to use the existing floating dock system. Any future replacement dock system the Club
and City find mutually satisfactory for their needs will be purchased by the Club, and upon
installation of same the ownership will automatically transfer to City. The Club agrees to
execute such reasonable documentation as requested by City, such as a bill of sale, to evidence
ownership transfer. City agrees to provide reasonable support for the Club's application(s) for
third -party grants or other funding to acquire a future replacement dock system. City -approved
contributions from the Club for dock maintenance or new dock systems will become City
property. City shall install the dock system each spring and shall remove same each fall, at a
time that City determines in its discretion based on the river level and weather conditions. Docks
will be available for the Club's non-exclusive use with the general public, but City agrees that the
docks will be designated for use by non -motorized watercraft. Protruding cleats or tie downs for
watercraft use will not be installed.
5. Insurance. The Club shall, throughout the term of this Agreement and at the Club's
expense, carry and keep in full force and effect comprehensive general liability insurance that
includes coverage for (a) limits of $1,000,000.00 per occurrence for personal injury, property
damage, contractual liability and other coverages customarily included under a CGL policy, (b)
damage to rented premises with a minimum limit of $1,000,000, (c) medical payments general
liability coverage limits of $5,000.00 per person, and (d) fire and extended perils insurance
covering the Club's own property and insuring the Club's property in or upon the Facility. City
shall have no duty to insure the personal property of the Club, its members or guests or to replace
same in the event of any loss or damage from any cause whatever. Coverage shall extend to acts
or occurrences occurring in or upon the Facility or surrounding premises that are related to the
Club's actions or business. City shall be named as an additional insured on any such policy, and
the policy shall include a waiver of subrogation. The policy shall provide for at least 30 days'
prior written notice to City before cancellation of any policy and not to City upon expiration.
The Club shall provide proof of insurance to the City Clerk and to the Leisure Services
Department upon execution of this Agreement and annually thereafter.
b. Taxes. City has ownership of the Facility and the surrounding property. Any property
taxes or assessments relating to the Facility or property shall be the sole responsibility of City.
7. Facility Maintenance. City agrees to maintain security system, exterior lights, docks,
and the building structure. The Club agrees to notify City of any immediate maintenance needs.
The Club shall be responsible for the routine maintenance and repair of the east overhead door,
except as stated in this paragraph, and lighting, plumbing and electrical systems serving the
ground floor of the Facility. All work of repair and maintenance shall be done by persons
licensed by the City of Waterloo to engage in their respective trades. City will service the
overhead doors within 90 days of commencement of this Agreement and after each flooding
event that invades the Facility. The parties agree to confer as necessary in good faith to discuss
handling of repair or maintenance issues not specifically addressed in this paragraph.
2
Page 31 of 61
8. Janitorial Maintenance. The Club agrees to keep the designated ground level portion of
the Facility clean and free of litter and debris, will keep the bathroom sanitary and clean, and will
stock the bathroom with toiletry items. Additionally, the Club agrees to clean up the
surrounding grounds and waterfront of litter contributed by Club activities or Club -sponsored
events as they occur, and at least weekly during the rowing season will clean litter from the
parking lots and immediately adjacent areas. All litter shall be disposed of off -site or in a
designated trash receptacle furnished by City. City shall be responsible for disposal of garbage
that is placed in a designated receptacle.
9. Rent. The Club shall pay to City an annual fee of $100.00 for the rights and privileges
granted herein. The initial payment shall be due and payable upon signing of this Agreement,
and future payments shall be due and payable on or before January 1 of each year during the
term of this Agreement starting January 1, 2021.
10. Utilities. The bathroom is the only portion of the premises that is heated. To the extent
that the Club has control of any thermostats, they will be kept at a moderate level to prevent
freezing of pipes. For reasons of safety and cost, no space heaters shall be used in the Facility.
11. Tax -Exempt Status. The Club agrees to timely undertake all activities, including but
not limited to the filing of any reports or returns required by applicable federal or state law or
regulation, to maintain its status as a non-profit corporation that is exempt from taxation under
section 501(c)(3) of the Internal Revenue Code.
12. Indemnification. The Club agrees to indemnify, defend and hold harmless the City of
Waterloo, Iowa, its employees, officials and agents, from and against any and all claims,
demands, causes of action, costs, expenses, losses, damages or liabilities of any type or nature
whatsoever, including but not limited to reasonable attorneys' fees and expenses, that arise from
or in connection with use of the Facility, City -owned property, and all related activities of or by
the Club, its officers, directors, members, volunteers, guests and agents. This paragraph shall
survive the expiration or termination of this Agreement for any reason.
13. Term and Termination. The term of this Agreement shall commence upon execution of
the Agreement by both parties and shall continue until and including December 31, 2024. The
term shall be automatically extended on a year-to-year basis thereafter unless either party provides
at least 60 days' advance written notice to the other party of its intent to terminate.
14. Annual Meeting. Two Club representatives and two City representatives shall meet
annually in the month of March, or any other mutually agreeable date, to discuss the provisions
of this Agreement, experience of the past year, projected activities for the upcoming year, and
any suitable modifications to the terms of this Agreement.
15. Assignment and Subletting. The Club may not sublet or assign this Agreement or any
interest in the Facility premises without the prior written consent of City.
16. General Terms. This Agreement is the entire agreement of the parties with respect to
the subject matter hereof, superseding all prior or contemporaneous discussions, understandings,
promises or agreements between the parties. It may be amended only by a written instrument
3
Page 32 of 61
signed by both parties. This Agreement is binding on the parties and their respective successors
and assigns.
IN WITNESS WHEREOF, the parties have executed this Facility Use Agreement by
their duly authorized representatives as of the last date of signature below.
CITY OF WATERLOO, IOWA WATERLOO ROWING CLUB, INC.
By: By: • •
Quentin Hart, Mayor Nathan Kukson, President
Attest:
Kelley Felchle, City Clerk
Date: Date: j1 f 3// 9
4
Page 33 of 61
WATERLOO ROWING CLUB
ABOUT:
501(c)3 community -level organization governed by a volunteer board
Recreational & competitive crew rowing
MISSION STATEMENT:
The Waterloo Rowing Club promotes wellness and community in the Cedar
Valley through the growth and development of recreational and competitive
crew rowing.
MEMBERSHIP:
25+ members
Ages 16 - 70 From all over the Cedar Valley area
Culturally diverse group of people
WHAT WE DO:
Learn to row events open to the public 2-3x/yr.
Evacuation & maintenance of the boathouse for the city.
• Flood cleanup - 40 hrs volunteer time ($1000 value) per flood,
Average 2 flood events requiring cleanup per year ($2000 value)
• Dock maintenance - 12 hrs volunteer time ($300 value) per year
Host competitions
Practices 3-4 days per week during the water season (April - October)
Participation in regular competitions, including Iowa Games, Head of the Des
Moines, winter in -door events, and more.
BOAT HOUSE CONTRIBUTIONS:
Initial Construction - $15,000 contribution
Permanent dock - Design, Fabrication, Installation - 179 volunteer hours
($5,155 value between labor and materials)
Waterloo Rowing Club
1101 CAMPBELL AVE.
WATERLOO. IA 50701
WATERLOOROWINC[ GMAIL.COM
ElTA$LI$NED 1sra__..
.P.ac3.34 of 61
10,
A R CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
03/20/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Assured Partners-Roehrs
736 Springdale Dr
P.O. Box 100
Exton PA 19341-0100
CONTACT Wendy Pierce
NAME:
Pa1CO3 r o. Est): (610) 363-7999 7A Not: (610) 363-5231
ADDRESS: wendy.pierce@assuredpartners.com
INSURERS) AFFORDING COVERAGE
NAIC #
INSURER A : Philadelphia Indemnity Ins Co
18058
INSURED
United States Rowing Association
and its member organizations
2 Wall Street
Princeton NJ 08540
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
OVERAGES
CERTIFICATE NUMBER: 18-19 Master for Members
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
fNSD
SUBH
WVD
POLICY NUMBER
POLICY EFF
(MM10DIYYYY)
POLICY EXP
(MM)DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
PHPK1922781
12/31/2018
12/31/2019
EACH OCCURRENCE
$ 1,000,000
DAMAGE 10 HEN 1 EU
PREMISES 1Ea occurrence)
300,t)00
$
CLAIMS -MADE
X
OCCUR
MED EXP (Any one person)
$ 5,000
X
Watercraft Liability
PERSONAL & ADV INJURY
$ 1,000,000
X
Contractual Liability
GENERAL AGGREGATE
$ 5,000,000
GEL
AGOREGATE
LtMIT APPLIES
PRO
JECT
PER:
X LOC
PRODUCTS - COMP/OP AGG
$ 2,000,000
Sexual Abuse
$ 1,000,000
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED
X
SCHEDULED
Y
PHPK1922781
12/31/2018
12/31/2019
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident}
$
$
A
X
UMBRELLA LIAR
EXGESSLlAs
X
OCCUR
CLAIMS -MADE
Y
PHUB659450
12/31/2018
12131/2019
EACH OCCURRENCE
$ 1,000,000
AGGREGATE
$ 1,000,000
$
DED
X
RETENTION $ 10,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORVPARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
II yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
1 PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The certificate holder is named as Additional Insured under the liability policy. Coverage is provided under this policy only for the sponsored/supervised
activities of the named insured for which a premium has been paid. This certificate is issued on behalf of USRowing member Waterloo Rowing Club.
CERTIFICATE HOLDER
CANCELLATION
1
Waterloo Leisure Services
1101 Campbell Avenue
Waterloo
IA
50701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
6,el./„
ACORD 25 (2016/03)
O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Page 35 of 61
CITY OF WATERLOO
Council Communication
Motion approving final quantity adjustment for a net increase of $22,582.78, for FY 2018 Waterloo Boathouse
Enhancements, Contract No. 940, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 12/9/2019
Prepared: 12/3/2019
REVIEWERS:
Department
Leisure Services
Clerk Office
SUBJECT:
Reviewer
Huting, Paul
Even, LeAnn
Action
Approved
Approved
Date
12/3/2019 - 11:40 AM
12/4/2019 - 9:42 AM
Motion approving final quantity adjustment for a net increase of $22,582.78,
for FY 2018 Waterloo Boathouse Enhancements, Contract No. 940, and
authorizing the Mayor and City Clerk to execute said document.
Submitted by: Submitted By: Travis Nichols, Facilities/Project Manager
Recommended Action:
Summary Statement:
Source of Funds:
Background Information:
Recommend approval
This is the accumulated amount of adjustments from original to final
quantities that were determined necessary during the construction of the
project, which results in an increase to the total project cost.
Iowa DNR Reap Grant $200,000
Blackhawk County Gaming Grant $500,000
G.O. Bond Funds $300,000
Council approved a not to exceed amount of $40,000 for estimated quantity
adjustments on 4-16-2018.
Page 36 of 61
CITY OF WATERLOO
Council Communication
Resolution approving Completion of Project and Recommendation of Acceptance of Work for work
performed by Peterson Contractors, Inc., of Reinbeck, Iowa, at a total cost of $852,287.07, in conjunction
with the FY 2018 Waterloo Boathouse Enhancements, Contract No. 940.
City Council Meeting: 12/9/2019
Prepared: 12/3/2019
REVIEWERS:
Department Reviewer Action Date
Leisure Services Huting, Paul Approved 12/4/2019 - 11:31 AM
Clerk Office Even, LeAnn Approved 12/4/2019 - 11:33 AM
SUBJECT:
Resolution approving Completion of Project and Recommendation of
Acceptance of Work for work performed by Peterson Contractors, Inc., of
Reinbeck, Iowa, at a total cost of $852,287.07, in conjunction with the FY
2018 Waterloo Boathouse Enhancements, Contract No. 940.
Submitted by: Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services
Recommended Action:
Summary Statement:
It is recommended that the project be accepted and that Council approve the
"Statement of Completion and Final Acceptance of Work".
I report that Peterson Contractors, Inc. of Reinbeck, Iowa has completed
the above referenced project in accordance with the plans and specifications.
Policy Issue: Strategy 4.5: Quality of Place
Page 37 of 61
CITY OF WATERLOO
Council Communication
Resolution approving Acceptance of Improvements of Greenbelt Centre Plat No. 3, performed by K.
Cunningham Construction Co. Inc., of Cedar Falls, Iowa and Heartland Excavating, LLC, of Jesup, Iowa,
and receive and file two-year maintenance bonds.
City Council Meeting: 12/9/2019
Prepared: 12/3/2019
REVIEWERS:
Department Reviewer Action Date
Engineering Knutson, Jamie Approved 12/4/2019 - 8:23 AM
Clerk Office Even, LeAnn Approved 12/4/2019 - 10:06 AM
SUBJECT:
Submitted by:
Summary Statement:
Background Information:
Resolution approving Acceptance of Improvements of Greenbelt Centre
Plat No. 3, performed by K. Cunningham Construction Co. Inc., of Cedar
Falls, Iowa and Heartland Excavating, LLC, of Jesup, Iowa, and receive
and file two-year maintenance bonds.
Submitted By: Dennis J. Gentz, PE, Assistant City Engineer
The improvements required as a condition precedent to the approval of
Greenbelt Centre Plan No. 3, Waterloo, Iowa; namely paving (K
Cunningham Construction Co, Inc.) and the installation of storm and
sanitary sewer (Jesup Land Development Heartland Excavating) have been
completed in substantial conformance with the construction plans,
standards, and requirements of this office.
Athens: Greyhound Drive to Sta 15+00
Page 38 of 61
CITY OF WATERLOO
Council Communication
Resolution approving acceptance of Improvements of Greenbelt Centre Plat No. 5, performed by K.
Cunningham Construction Co. Inc., of Cedar Falls, Iowa and Heartland Excavating, LLC, of Jesup, Iowa.
City Council Meeting: 12/9/2019
Prepared: 12/3/2019
REVIEWERS:
Department Reviewer Action Date
Engineering Knutson, Jamie Approved 12/4/2019 - 8:23 AM
Clerk Office Even, LeAnn Approved 12/4/2019 - 10:33 AM
Resolution approving acceptance of Improvements of Greenbelt Centre Plat
SUBJECT: No. 5, performed by K. Cunningham Construction Co. Inc., of Cedar Falls,
Iowa and Heartland Excavating, LLC, of Jesup, Iowa.
Submitted by: Submitted By: Dennis J. Gentz, PE, Assistant City Engineer
The improvements required as a condition precedent to the approval of
Greenbelt Centre Plan No. 5, Waterloo, Iowa; namely paving (K
Summary Statement: Cunningham Construction Co, Inc.) and the installation of storm and
sanitary sewer (Jesup Land Development Heartland Excavating) have been
completed in substantial conformance with the construction plans,
standards, and requirements of this office.
Background Information: Athens: Sta 15+00to Tital Trail
Page 39 of 61
CITY OF WATERLOO
Council Communication
Resolution approving a Permanent Easement Agreement with MidAmerican Energy, to allow for the
construction of a two electric vehicle charging stations near the Center for the Arts parking lot at 225
Commercial Street, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 12/9/2019
Prepared: 12/4/2019
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 12/4/2019 - 10:41 AM
Clerk Office Even, LeAnn Approved 12/4/2019 - 10:45 AM
ATTACHMENTS:
Description Type
❑ easement Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Resolution approving a Permanent Easement Agreement with MidAmerican
Energy, to allow for the construction of a two electric vehicle charging
stations near the Center for the Arts parking lot at 225 Commercial Street,
and authorizing the Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
MidAmerican Energy is looking to install DC charging stations throughout the
state. Waterloo has been identified as a location that would assist with their
network across the state. The Electric Vehicle Supply Equipment (EVSE) will
be maintained by MidAmerican Energy for a period of three years. After three
years, MidAmerican Energy reserves the right to transfer ownership and
maintenance of the EVSE to the host.
None
N/A
Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- ways to create an environment to
attract population to Waterloo.
Page 40 of 61
Prepared by and return to: (Name of MEC ROW Employee) (Phone Number)
MIDAMERICAN ENERGY ATTN: RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES, IA 50306-0657
MIDAMERICAN ENERGY COMPANY
ELECTRIC VEHICLE CHARGING STATION EASEMENT
1. , its successors and assigns ("Grantor"), grants to
MIDAMERICAN ENERGY COMPANY, its successors and assigns ("Grantee"), a perpetual
easement, together with the right to survey the property and the right of ingress thereto, and egress
therefrom, upon, over, under and across the property hereinafter described and all the rights and
privileges incident and necessary to the enjoyment of this easement ("Easement Area"), to erect,
construct, modify in size, improve, reconstruct, relocate, inspect, repair, maintain, remove and use
of an electric vehicle charging station ("EV Station"), and other reasonably necessary equipment
incident thereto (collectively "Facilities") hereinafter set forth, upon, over, under and across the
property described below.
DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA:
INSERT LEGAL DESCRIPTION
DESCRIPTION OF EASEMENT AREA:
A ten (10) foot by five (5) foot easement on each side of the alignment as such Facilities are
installed, as generally depicted on Exhibit A, attached hereto and made a part hereof.
2. Facilities includes such underground conduits, pipes, manholes, service boxes, wires,
cables, and electrical conductors; aboveground marker posts, risers, and service pedestals;
underground and aboveground switches, fuses, terminals, and transformers with associated
concrete pads; electric vehicle charging supply equipment, bollards and/or curbs or other
associated safety equipment, associated signage; and fixtures and appurtenances necessary to any
and all thereof, as Grantee deems necessary for the distribution of electric energy and
communication purposes located within the Easement Area.
1
Page41 of 61
3. Grantee agrees that upon receiving a request in writing, it will at Grantor's expense, survey,
prepare and record an amendment to this easement, setting forth the final description of said
Easement Area.
4. It is understood and agreed by Grantor, and its successors -in -interest, that its interest shall
be subordinate to the amended easement description as if the amended Easement Area description
was fully set forth at the time of this grant.
5. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed,
any building, structure, fence, trees, plants or drill or dig, within this Easement Area.
6. Grantor shall provide at all times, a delineated space surrounding each EV Station, so that
each EV Station may be accessed and used by an electric vehicle for charging.
7. Grantor shall not increase or decrease the ground surface elevations within the Easement
Area after installation of Grantee's Facilities, without prior written consent of Grantee.
8. Grantee shall have the right but not the duty, to trim or remove trees and brush along or
adjacent to the Easement Area and remove roots from within the Easement Area whenever Grantee
deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees
and brush to prevent danger or hazard to property or persons.
9. This easement shall be binding upon and inure to the benefit of successors, heirs, executors,
administrators, permittees, licensees, agents or assigns of Grantor and Grantee.
10 In the event the Electric Vehicle Charging Station Site Host Agreement is terminated and
the EV Stations are removed, this easement may be terminated at the written request of Grantor.
Grantee shall upon written demand therefor execute and record a release of easement, at Grantor's
expense.
11. Grantor warrants to Grantee that Grantor holds title to the Easement Area in fee simple and
Grantor has good and lawful authority to grant the rights provided in this easement.
12. In consideration of such grant, Grantee agrees that it will repair or pay for any damage
which may be caused to fences, or other property, real or personal of the Grantor by the
construction, reconstruction, maintenance, operation, replacement or removal of the Facilities that
Grantee determines interferes with the operation and maintenance of the Facilities and associated
equipment.
13. Grantor certifies that it is not acting, directly or indirectly, for or on behalf of any person,
group, entity or nation named by any Executive Order or the United States Treasury Department
as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked
person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced
or administered by the Office of Foreign Assets Control; and are not engaged in this transaction,
directly or indirectly, on behalf of, any such person, group, entity or nation. Grantor hereby agrees
to defend, indemnify and hold harmless the Grantee from and against any and all claims, damages,
losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related
to any breach of the foregoing certification.
2
Page 42 of 61
14. Each of the provisions of this easement shall be enforceable independently of any other
provision of this easement and independent of any other claim or cause of action. In the event of
any matter of dispute arising out of or related to this easement, it is agreed between the parties that
the law of the jurisdiction and location where this easement is recorded (including statute of
limitation provisions) will govern the interpretation, validity and effect of this easement without
regard to the place of execution or place of performance thereof, or any conflicts or law
provisions. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES
HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF
LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN
CONNECTION WITH THIS EASEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT
TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH
ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN
WAIVED.
IN WITNESS WHEREOF, Grantor executed this instrument this day of
, 20
INSERT COMPANY NAME
By:
Name Typed:
Title:
ACKNOWLEDGMENT
STATE OF )
) ss
COUNTY OF )
This record was acknowledged before me on , 20 , by (NAME OF
PERSON) as (TITLE) of COMPANY NAME
3
Signature of Notary Public
Page 43 of 61
CITY OF WATERLOO
Council Communication
Resolution approving the Electric Vehicle Site Host Agreement with MidAmerican Energy Company, to allow
for the construction of a two electric vehicle charging stations near the Center for the Arts parking lot at 194
W. 2nd Street, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 12/9/2019
Prepared: 12/4/2019
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 12/4/2019 - 11:12 AM
Clerk Office Even, LeAnn Approved 12/4/2019 - 11:18 AM
ATTACHMENTS:
Description Type
❑ Host Agreement Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Resolution approving the Electric Vehicle Site Host Agreement with
MidAmerican Energy Company, to allow for the construction of a two
electric vehicle charging stations near the Center for the Arts parking lot at
194 W. 2nd Street, and authorizing the Mayor and City Clerk to execute said
document.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
MidAmerican Energy is looking to install DC charging stations throughout the
state. Waterloo has been identified as a location that would assist with their
network across the state. The Electric Vehicle Supply Equipment (EVSE) will
be maintained by MidAmerican Energy for a period of three years. After three
years, MidAmerican Energy reserves the right to transfer ownership and
maintenance of the EVSE to the host.
None
N/A
Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- ways to create an environment to
attract population to Waterloo.
Page 44 of 61
� MIDAMERICAN
lENERGY COMPANY
ELECTRIC VEHICLE SITE HOST AGREEMENT
This Electric Vehicle Site Host Agreement ("Agreement") is entered into this day of , 20
("Effective Date"), between MidAmerican Energy Company ("MidAmerican") and
("Host"). MidAmerican and Host may be referred to individually as a "Party" or collectively as
the "Parties."
RECITALS
MidAmerican is offering its Iowa electric customers installation and maintenance of electric
vehicle supply equipment ("EVSE") at designated locations throughout MidAmerican's service
territory including a number of direct -current fast -chargers to enable long-distance electric vehicle
travel.
Host is the owner or lessor of the property with an address of (the
"Property").
Host desires to have MidAmerican install EVSE and associated wires, cables, and equipment
(collectively, the "Equipment") at the Property.
MidAmerican is willing to install the Equipment at the Property, subject to the following terms
and conditions.
In consideration of the mutual covenants and obligations contained herein and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereby agree as follows:
1. This Agreement shall remain in effect for a period of one year from the Effective Date, at
which time this Agreement shall be automatically renewed for an additional one-year
period, and from year to year for additional one-year periods thereafter ("Term"). However,
either Party may terminate this Agreement at any time upon not less than thirty (30) days
advance written notice to the other Party.
2. MidAmerican shall be responsible for installing, operating, maintaining, and repairing all
Equipment at the Property, and shall do so at MidAmerican's expense, except as otherwise
provided herein. At MidAmerican's option, all Equipment may display the MidAmerican
name and logo prominently.
3. At all times during the Term of this Agreement, MidAmerican shall retain all right, title,
and interest in and to the Equipment. The Parties agree that Host shall have no right, title,
or interest in or to the Equipment, or any part thereof, during the term of this Agreement.
The Parties further agree that the Equipment shall not be considered a "fixture" of the
Property, nor shall Host take any actions that would lead to that conclusion.
Notwithstanding the foregoing, at the termination of this Agreement, or at any point during
Page 45 of 61
the Term or during any extension thereof, MidAmerican may, in its sole discretion, choose
to transfer its right, title, and interest in and to the Equipment to Host. Upon transferring
its right, title, and interest in and to the Equipment to Host, Host (a) shall release
MidAmerican from any and all liabilities, including without limitation, any claim or action
for bodily injury or property damage resulting from or related to the Equipment or the use
thereof, whether arising before or after such transfer, and (b) shall assume responsibility
for all costs and expenses associated with the Equipment, including without limitation all
electrical consumption costs, network access fees, maintenance costs, and repair costs.
4. MidAmerican shall own any and all data gathered or generated by, or associated with, the
Equipment for use in regulatory reporting, ordinary business use, industry forums, case
studies, or other business or planning activities of MidAmerican or its affiliates. Host shall
have no right, title, or interest in or to such data.
5. Under no circumstances shall Host receive monetary or in -kind compensation for its
performance of any duties or obligations under this Agreement.
6. Host shall use commercially -reasonable efforts to maintain the Property surrounding the
Equipment in a clean, safe, and orderly condition, to at least the same standard as Host
customarily maintains the common areas at the Property, or at a minimum to a standard
consistent with prudent business practices.
7. Host shall promptly notify MidAmerican if and when Host becomes aware of any unsafe,
inoperable, or damaged Equipment. Host shall promptly report all claims or incidents to
MidAmerican that occur with respect to the Equipment and shall thereafter promptly
confirm in writing any loss, injury, or damage incurred by Host. Host shall not damage,
disable, modify, or tamper with the Equipment, except to the extent required by a legitimate
emergency situation. If Host damages, disables, modifies, or tampers with the Equipment,
except in a legitimate emergency situation, MidAmerican shall repair or replace the
Equipment at Host's sole cost and expense.
8. Host agrees to grant MidAmerican an easement, in the form provided in Exhibit A hereto,
for the installation of the Equipment (the "Easement"). Host shall execute and deliver the
Easement to MidAmerican within thirty (30) days of receipt from MidAmerican. Host's
failure to execute and deliver the Easement within thirty (30) days of receipt from
MidAmerican constitutes just cause for MidAmerican to terminate this Agreement without
recourse. Promptly following termination of this Agreement, MidAmerican shall execute
and deliver to Host a quitclaim deed, relinquishing and abandoning MidAmerican's rights
under the Easement.
9. Host represents and warrants that it is the owner or lessor of the Property and that it has the
power, authority, and capacity to bind itself to discharge the duties under this Agreement,
for the term of the Agreement, and to execute this Agreement.
10. Owner or Lessor shall provide MidAmerican with written notice at least thirty (30) days
prior to any sale of the Property. Within thirty (30) days following receipt of such notice,
Page 46 of 61
MidAmerican may, in its sole discretion, consent to Host's delegation of its duties to the
purchaser of the Property; alternatively, MidAmerican may, in its sole discretion, remove
the Equipment at its sole cost If MidAmerican elects to remove the Equipment, this
Agreement shall be deemed terminated as of the earlier of (a) the date on which the sale of
the Property is consummated, or (b) the date the Equipment is removed.
11. The Parties acknowledge and agree that MidAmerican does not guarantee continuity of
service to or from the Equipment and is not responsible or for interruption, curtailment,
failure, or defect in the supply or character of electricity furnished to the Equipment.
12. The Parties expressly agree that this Agreement was jointly drafted and that each had the
opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its
terms prior to execution. The language in all parts of this Agreement will be in all cases
construed according to its fair meaning and not strictly for or against either of the Parties.
If a claim is made by any Party relating to any conflict, omission, or ambiguity in this
Agreement, no presumption or burden of proof or persuasion will be implied by virtue of
the fact that this Agreement was prepared by or at the request of a particular Party or
counsel for any particular Party.
13. In no event shall either Party be liable to the other Party for indirect, consequential,
incidental, special, punitive, or exemplary damages of any nature, arising at any time, and
regardless of the form of the action or theory of the claim. The foregoing waiver does not
apply to an indemnity obligation with respect to a third -party claim.
14. Each Party shall indemnify, defend, and hold harmless the other Party against from all
losses or liability resulting from or arising out of the negligence or willful misconduct of
such Party, or that of its officer, directors, or employees. Neither Party shall be liable for
loss or liability to the extent caused by the negligence or willful misconduct of the other
Party, its officers, directors, employees or agents.
15. As of the date of this Agreement, each Party shall procure and maintain in good standing
insurance limits as set forth below for claims against either Party involving bodily injury
or property damage which may arise from or in connection with the exercise of the rights
or privileges granted under this Agreement:
a. Commercial general liability insurance or comprehensive general liability
insurance with a minimum limit of $1,000,000 per occurrence for bodily injury and
damage to property, including contractual liability, premises and operations,
products/completed operations, independent contractors, broad form property
damage, and personal injury coverage, and a minimum aggregate amount of
$2,000,000; or
b. Umbrella Liability Insurance with a minimum limit of $5,000,000 each occurrence/
aggregate where applicable to be excess of the coverages and limits required in
paragraph 15(a) above. Host shall notify MidAmerican, if at any time their full
Page 47 of 61
umbrella limit is not available during the term of this Contract, and will purchase
additional limits, if requested by MidAmerican.
16. Each Party will act in good faith in the performance of its obligations under this Agreement
and each Party will cooperate with the reasonable requests of the other Party and otherwise
use commercially reasonable efforts to implement the provisions of and to administer this
Agreement in accordance with its terms.
17. This Agreement may be executed in one or more counterparts, each of which will be an
original, but all of which taken together will constitute only one legal instrument. Provided
that both Parties have signed this Agreement in counterparts and the counterparts have been
delivered to both Parties, it will not be necessary in making proof of this Agreement to
produce or account for more than one (1) counterpart.
18. Notwithstanding any other provision in this Agreement, if any Applicable Law is changed,
amended, or revoked, or any statutes, rules, regulations, permits, or authorizations are
enacted or granted, such that: (i) the continued implementation of this Agreement would
have a material adverse effect on either Party; or (ii) this Agreement or any part of this
Agreement would be rendered unenforceable, then the Parties agree to negotiate in good
faith to amend this Agreement to conform with such Applicable Law or new statutes, rules,
regulations, permits, or authorizations (as applicable) in order to maintain the original
intent of the Parties under this Agreement.
19. Each party, upon the reasonable request of the other Party, will perform any further acts
which are consistent with this Agreement and that do not materially increase the duties or
financial obligations of the Parties or reduce any rights of the Parties.
20. This Agreement will continue in effect after its termination to the extent necessary to allow
or require either Party to fulfill rights or obligations that arose under this Agreement.
21. There are no third -party beneficiaries of this Agreement, and this Agreement should not be
construed to create or confer any right or interest in or to, or to grant any remedies to, any
third party as a beneficiary of this Agreement, or any duty, obligation, or undertaking
established in this Agreement.
22. This Agreement does not constitute a joint venture, association, or partnership between the
Parties. No express or implied term, provision, or condition of this Agreement will create,
or will be deemed to create, an agency, joint venture, partnership, or any fiduciary
relationship between the Parties.
23. This Agreement constitutes the entire agreement between the Parties with respect to the
subject matter hereof, and supersedes any prior oral or written agreements and all
contemporaneous oral communications with respect thereto. All additions, amendments or
Page 48 of 61
modifications to this Agreement must be made in writing and must be signed by the Parties.
This Agreement shall be effective upon execution.
24. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and
their permitted successors and assigns.
25. Any applicable terms and conditions included in MidAmerican's Iowa Electric Tariff,
approved by the Iowa Utilities Board ("IUB"), or in the IUB rules, or tariffs approved by
the Federal Energy Regulatory Commission ("FERC"), shall apply. If the terms and
conditions of this Agreement are inconsistent with MidAmerican's Iowa Electric Tariff
approved by the IUB, or in Part 199 of the Iowa Administrative Code, or the tariff approved
by FERC, the terms and conditions of the applicable tariff shall apply. If the terms and
conditions of this Agreement are not addressed in MidAmerican's Iowa Electric Tariff
approved by the IUB, or in Part 199 of the Iowa Administrative Code, or the tariff approved
by FERC, the terms and conditions of this Agreement shall apply. The provisions of
MidAmerican's Iowa Electric Tariff and tariffs approved by FERC are subject to change
upon order or approval of any regulatory authority having jurisdiction. If there is a
regulatory change requiring an amendment to this Agreement, the Parties will work in good
faith to negotiate amendments to this Agreement affected by an order or approval of a
jurisdictional regulatory authority.
26. Each provision of this Agreement is severable and if any provision shall be finally
determined to be invalid, illegal, or unenforceable in any jurisdiction, the remaining
provisions shall not be affected thereby nor shall said provision be invalid in any other
jurisdiction. Without limiting the foregoing, if a provision obligating a Party is found to be
invalid, illegal or unenforceable, the other Party shall not be required to perform or resume
performance of its corresponding obligations.
27. Each of the provisions of this Agreement shall be enforceable independently of any other
provision of this Agreement and independent of any other claim or cause of action. In the
event of any dispute arising under this Agreement, it is agreed between the Parties that the
law of the State of Iowa will govern, without regard to Iowa's conflict of laws provisions
the interpretation, validity and effect of this Agreement without regard to the place of
execution or place of performance thereof.
28. The Parties agree that any dispute regarding the interpretation of Chapter 20 or Chapter 25
of the IUB's rules, or MidAmerican's Iowa Electric Tariff falls under the IUB's jurisdiction
and the Parties shall first attempt to resolve any disputes through the IUB's informal
complaint process. The Parties retain the right to request reconsideration of an IUB
decision and the right to appeal the IUB decision. The Parties retain the right to appeal any
IUB decision or enforce any other provisions of this Agreement in either Iowa state or
federal courts. In the event of a dispute, the Parties shall promptly meet and confer in good
faith to attempt to resolve the dispute. TO THE FULLEST EXTENT PERMITTED BY
Page 49 of 61
LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE
TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR
INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS
CONTRACT. EACH PARTY FURTHER WAIVES ANY RIGHT TO
CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED
WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS
NOT BEEN WAIVED.
29. The rights of the Parties may not be waived except in writing signed by the waiving Party.
A waiver by either Party of any of its rights under this Agreement or any breach of this
Agreement shall not be construed as a waiver of any other or future rights or breaches. No
waiver by either Party of any one or more defaults by the other Party in the performance
of any provision of this Agreement shall operate or be construed as a waiver of any future
default or defaults, whether of a like or a different character.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly
executed as of the day and year last written below.
[--HOST--] MIDAMERICAN ENERGY COMPANY
By: By:
Name: Name:
Title: Title:
Date: Date:
Page 50 of 61
CITY OF WATERLOO
Council Communication
Motion approving denial of Liquor License No. LC0038886, Class C Liquor, Renewal Application for
MidTown Development, LLC, DBA SKY, 501 Sycamore Street, expiration date December 14, 2019.
City Council Meeting: 12/9/2019
Prepared: 12/6/2019
REVIEWERS:
Department Reviewer Action Date
Clerk Office Felchle, Kelley Approved 12/6/2019 - 10:29 AM
Submitted by: Submitted By: Kelley Felchle, City Clerk
Recommended Action: Approval the denial.
Summary Statement:
Staff recommend denying approval of Liquor License No. LC 0038886,
Class C Liquor License, for MidTown Development, LLC, DBA Sky,
located at 501 Sycamore Street. Denial is recommend for this licensee for
failure to comply with Iowa Code § 123.30(2) and City of Waterloo Code 3-
2-6(A)(1), which require a licensed premises to conform to fire regulations.
Page 51 of 61
CITY OF WATERLOO
Council Communication
Motion approving Change Order No. 1 from D.W. Zinser Company, Walford, Iowa, for a net increase of
$6,000, in conjunction with demolition services at 919-925 Commercial Street, and authorizing the Mayor and
City Clerk to execute said document.
City Council Meeting: 12/9/2019
Prepared: 12/4/2019
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 12/4/2019 - 11:38 AM
Clerk Office Even, LeAnn Approved 12/4/2019 - 12:38 PM
ATTACHMENTS:
Description Type
❑ Invoice Cover Memo
D Change Order Form Cover Memo
Submitted by:
Submitted By: Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
The original contract was approved on May 28, 2019 for $289,600.00
for demolition and back fill of three properties which 919-925
Commercial Street was one of them.
Summary Statement: During the demolition of the apartment complex it was discovered that the
complex was built around an existing foundation of a building demolished
many years ago. Staff requested that the old foundation be removed as
well.
Expenditure Required: $6,000.00
Source of Funds: Nuisance bonds
Policy Issue: Nuisance Abatement
Page 52 of 61
D.W. Zinser Company, Inc.
F.O. Box 398
Walford, IA 52351
Bill To
City of Waterloo, Iowa
City Hall
Attn: Kelley Felchle
715 Mulberry Street
Waterloo, IA 50703
Invoice
Date
Invoice #
9/4/2019
19-122163
P.O. No.
Terms
Project
Net 30
Item
Description
Rate
Qty
Total %
Prior Amt
Curr %
Amount
300 - Dem...
Extra Loads of Clean Rubble
400.00
15
6,000.00
Total $6,000.00
Payments/Credits so.00
Balance Due $6,000.00
Page 53 of 61
PROJECT: Demolition
CITY OF WATERLOO, IOWA
CHANGE or EXTRA WORK ORDER NO. 1
CONTRACT NO. Demolition Contract #2019-05-03P
Date Prepared: 11/26/2019 AMOUNT: $6,000.00
TO: D.W. Zinser Company, Waldorf Iowa, Contractor
You are hereby ordered to make the following changes from the plans and specifications or perform the
following extra work on your contract dated May 28, 2019
A. Description of change to be made or extra work to be done:
Removal of foundation of former building discovered during the demolition of 919-925 Commercial Street (former
Castle Apartments).
B. Reason for ordering change or extra work:
The original contract was approved on May 28, 2019 for $289,600.00 for demolition and back fill of three
properties which 919-925 Commercial Street was one of them.
During the demolition of the apartment complex it was discovered that the complex was built around an
existing foundation of a building demolished many years ago.
C. Settlement for cost of work to be made as follows: To be paid out of Nuisance Abatement
CITY OF WATERLOO
BY:
Mayor
ATTEST:
TOTAL INCREASE =$6,000
Date CONTRACTOR
City Clerk Date
BY:
PRINTED NAME:
TITLE:
Date
APPROVED:
Community Planning and Development Director Date
Page 54 of 61
CITY OF WATERLOO
Council Communication
Motion approving Change Order No. 1, from Advanced Environmental Testing and Abatement, Inc., of
Waterloo, Iowa, for a net increase of $5,800, in conjunction with Asbestos Abatement Contract No. AB-2019-
04-8P, originally signed on April 8, 2019, to add abatement related services at 328 W. 14th Street, for a total
contract amount of $16,400, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 12/9/2019
Prepared: 12/4/2019
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 12/4/2019 - 11:11 AM
Clerk Office Even, LeAnn Approved 12/4/2019 - 11:17 AM
ATTACHMENTS:
Description Type
❑ Invoice Cover Memo
D Change Order Form Cover Memo
Submitted by:
Submitted By: Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
The original contract was approved on April 8, 2019 for $10,600.00 for
asbestos services of 8 homes which 328 W. 14th Street was one them.
Summary Statement: During the abatement of 328 W. 14th Street, additional asbestos was
discovered in the basement in the form of pipe wrap that was missed by a
separate company hired to conduct the asbestos survey.
Expenditure Required: Original Contract amount was $10, 600.00. The Net increase is $5,800.00
Source of Funds: Nuisance bonds
Policy Issue: Nuisance Abatement
Page 55 of 61
ENVIRONMENTAL
TESTING AND ABATEMENT. INC.
803 Ricker St Waterloo, IA 50703 319-287-4447
Bill To
City of Waterloo
Attn: Accounts Payable
715 Mulberry St.
Waterloo, IA 50703
Invoice
Date
Invoice #
8/29/2019
8001
Work Completed
Asbestos Removal
Residence
328 W 14th St
Waterloo, IA
P.O. No.
Terms
Project
Contact Person
Net 30
19-24836
Chris Western
Description
Qty
Rate
Amount
Change order for asbestos removal -Basement
NOTICE: Please pay from this invoice -Thanks
1
5,800.00
0.00
5,800.00
0.00
Total $5,800.00
Balance Due $5,800.00
Page 56 of 61
PROJECT: Asbestos Abatement
CITY OF WATERLOO, IOWA
CHANGE or EXTRA WORK ORDER NO. 1
CONTRACT NO, Asbestos Abatement Contract #2019-04-08P
Date Prepared: 12/4/2019
AMOUNT: $5,800.00
TO: Advanced Environmental Testing and Abatement INC., Contractor
You are hereby ordered to make the following changes from the plans and specifications or perform the
following extra work on your contract dated April 8, 2019
A. Description of change to be made or extra work to be done:
Abatement of asbestos that was missed during the asbestos survey.
B. Reason for ordering change or extra work:
The original contract was approved on April 8, 2019 for $10, 600.00 for asbestos abatement of 8 properties whicl
328 W. 14th Street was one of them was one of them.
During the abatement of 328 W. 14th Street, additional asbestos was discovered in the basement in the form c
pipe wrap that was missed by a separate company hired to conduct the asbestos survey.
C. Settlement for cost of work to be made as follows: To be paid out of Nuisance Abatement
CITY OF WATERLOO
BY:
Mayor
ATTEST:
TOTAL INCREASE =$5,800.00
Date CONTRACTOR
City Clerk Date
BY:
PRINTED NAME:
Date
Community Planning and Development Director Date
Page 57 of 61
CITY OF WATERLOO
Council Communication
Motion approving Change Order No. 7 from AEC OM, of Waterloo, Iowa, for a net increase of $24,964, in
conjunction with 2018 Remedial Actions Phase IIIB, Contract No. 949, and authorizing the Mayor to execute
said document.
City Council Meeting: 12/9/2019
Prepared: 12/4/2019
REVIEWERS:
Department Reviewer Action Date
Waste Management bowman, brian Approved 12/4/2019 - 11:18 AM
Clerk Office Even, LeAnn Approved 12/4/2019 - 11:23 AM
ATTACHMENTS:
Description Type
❑ Change Order No 7 Backup Material
Submitted by:
Recommended Action:
Expenditure Required:
Source of Funds:
Submitted By: Brian Bowman, Treatment Operations Supervisor
Recommend approval of Change Order # 7 in the amount of $24,964.00
Contract No 949
$24,964.00
Sewer Funds
Page 58 of 61
AECOM
December 2, 2019
Mr Randy Bennett, PE
Waste Management Services
City of Waterloo
3505 Easton Avenue
Waterioo, Iowa 50702
Subject. 2018 Remedial Actions Phase IIIB
Change Order No. 7 NON-SRF
City of Waterloo, Iowa
City Contract No. 949
AECOM #60604454
Dear Mr. Bennett
AECOM
501 Sycamore Street
Suite 222
Waterloo. Iowa 50703
www,aecom,corn
319-232-6531 tel
319-232-0271 fax
The following are included in the attached Change Order Tabulation:
• Bid Item No. 112-121 — 200 Block of Halstead St. Sanitary Sewer Reconstruction (Add $24,964.00) It
was determined that additional work was needed by the City for the 200 block of Halstead Street.
The City requested that this work be added to the existing 2018 Remedial Actions Phase IIIB, City Contract No
949. This is a SRF project. This block of Halstead Street was not included in the Intended Use Plan (IUP) and
has not been made eligible by IDNR for SRF inclusion.
Therefore, the City has requested that this work be added to this project and be paid by a funding source
outside of SRF. The Contractor shall submit a separate Pay Estimate that only includes this work and no SRF
eligible work.
AECOM recommends the City of Waterloo approve Change Order No. 7 for an addition of $24,964.00 and pay
for the work with a funding source outside of SRF.
P.1506044541600_Gonstruction_Suppor1103-PH IIIBt670_Change-Orders5C0 NO 71WAT CI PP PH IIIB Change Order No 7-LTR. docx
Page 59 of 61
AECOM
The following table illustrates the overall change to the project:
Yours sincerely,
Christopher G. Oelkers, P.E.
AECOM
501 Sycamore Street
Suite 222
Waterloo, Iowa 50703
www.aecom-com
ORIGINAL CONTRACT
$ 520,649.23
CO NO. 1
$ (26,275.04)
CO NO. 2
$ 27,244.96
CO NO. 3
$ 9,829.19
CO NO. 5
$ 31,757.10
CO NO. 6
$ (54,673.39)
SRF - ALL CHANGE ORDERS
$ (12,117.18)
SRF - REVISED CONTRACT
1
$ 508,532.05
SRF PROJECT CONTRACT CHANGE
-2.33%
NON-SRF CO NO. 4
$ 79,216.00
NON-SRF CO NO. 7
$ 24,964.00
NON-SRF - ALL CHANGE ORDERS
$ 104,180.00
CITY - REVISED CONTRACT
$ 612,712.05
PROJECT CONTRACT CHANGE
17.68%
Attachment: Change Order No. 7 Tabulation
P:1606044541600_Canstnxtion_Supportl03-PH IIIB\S70 Change-Crclers1CA NO TWAT CIPP PH IIIB Change Order No 7-LTRd°cx
319-232-6531 tel
319-232-0271 fax
Page 60 of 61
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