HomeMy WebLinkAboutCouncil Packet - 6/12/2017THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAROLD E. GETTY COUNCIL CHAMBERS
Monday, June 12, 2017
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 158
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Kelley Felchle, City Clerk
Agenda, as proposed or amended.
Minutes of June 5, 2017, Regular Session, as proposed.
Proclamation declaring June 17, 2017, as Juneteenth 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. Request from Husein Odobasic for a waiver for a concrete driveway located
at 217 Maryland Avenue with the elimination of the sidewalk section due to the
inability to meet grade requirements.
Submitted By: Eric Thorson, PE, City Engineer
3. Resolution setting date of public hearing as July 10, 2017 and date of bid opening
as July 6, 2010 for the Police Department' s FY 2018 Ammunition Bids, and
instruct the City Clerk to publish said notice.
Submitted By: Captain Frank Krogh
4. Resolution setting date of public hearing as June 26, 2017, for adoption of the FY
2018-2022 Capital Improvements Program for the City of Waterloo, and authorize
City Clerk to publish said notice.
Submitted By: Noel Anderson, Community Planning and Development Director
5. Resolution setting the date of hearing for June 26, 2017 for request by Jason
Grimm to purchase a city owned lot located adjacent to 157 University Avenue for
$2,000, with Development Agreement.
Submitted By: Noel Anderson, Community Planning and Development Director
Page 2 of 158
6. Resolution setting the date of public hearing as June 26, 2017 for a request by
Kwik Trip, Inc for a major site plan amendment in the "M -2,P" Planned Industrial
District to allow for the construction of a biodiesel blending facility, located directly
west of 2010 West Ridgeway Avenue, and instruct City Clerk to publish pertinent
notice.
Submitted By: Noel Anderson, Community Planning and Development Director
7. Resolution setting the date of public hearing as June 26, 2017 for a request by
Prime RE, LLC for a major site plan amendment in the "5-1" Planned Industrial
District to allow for the construction of a 12,160 square foot retail commercial
building and 71 stall parking lot, located north of 2060 Crossroads Boulevard, and
instruct City Clerk to publish pertinent notice.
Submitted By: Noel Anderson, Community Planning and Development Director
8. Resolution setting date of public hearing as June 26, 2017 to approve a lease
agreement with TowerCo 2013, LLC to place a 190 foot tall monopole cellular
tower and related equipment on excess right-of-way located near the intersection
of West Conger Street and River Road, just east of 310 West Conger Street, and
leasing the site for a period of five (5) years with the option to renew for up to 19
additional five (5) year terms, for $800 per month.
Submitted By: Aric Schroeder, City Planner
B. Motion to approve the following:
9. LIQUOR LICENSES
a. Black Hawk Tennis Club, 1005 Black Hawk Road
Class: B Beer w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 5/31/2018
b. Flirts Gentlemen's Club, 319 Jefferson Street
Class: C Liquor
Renewal Application Includes Sunday
Expiration Date: 6/10/2018
c. Kwik Stop 4, 515 Broadway Street
Class: B Wine / C Beer / E Liquor
Renewal Application Includes Sunday
Expiration Date: 5/31/2018
d. Walgreen's #07455, 111 W. Ridgeway Avenue
Class: B Wine / C Beer / E Liquor
Renewal Application Includes Sunday
Expiration Date: 6/16/2018
10. Fireworks Display by Sunnyside Country Club, 1600 Olympic Drive, on July 4th,
2017 beginning at 10:00 p.m. for approximately 20 minutes.
Submitted By: Pat Treloar, Chief of Fire Services
11. Fireworks Display at Riverfront Stadium, 850 Park Road, on June 16, 2017 after
the Waterloo Bucks ball game ends lasting approximately 5-10 minutes.
Submitted By: Pat Treloar, Chief of Fire Services
Page 3 of 158
12. Bonds
PUBLIC HEARINGS
2. FY 2017 Iowa Department of Transportation Commercial Service Vertical
Infrastructure Program for building improvements to Hangar No. 5, Waterloo
Regional Airport.
Motion to receive and file proof of publication and notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications form of contract, etc.
Resolution authorizing to proceed.
Motion to receive, file and instruct City Clerk to read bids and refer to Airport Director
for review.
Submitted By: Keith Kaspari, Director of Aviation
3. FY 2017 Iowa Department of Transportation Commercial Service Vertical
Infrastructure Program for building improvements to the General Aviation
Terminal Building, Waterloo Regional Airport.
Motion to receive and file proof of publication and notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive, file, and instruct City Clerk to read bids and refer to the Airport
Director for review.
Submitted By: Keith Kaspari, Director of Aviation
4. FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to Manager of
Rehabilitation Services/Building Maintenance for review.
Submitted By: Mark A. Boesen, Manager of Rehabilitation Services/Building
Maintenance
5. Sale and conveyance of 657A property located at 1606 Williston Avenue.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution authorizing to proceed.
Motion to receive, file and instruct City Clerk to read bids, and refer to Community
Planning and Development Director for review.
Submitted By: Noel Anderson -Community Planning and Development Director
RESOLUTIONS
6. Resolution approving acceptance of Black Hawk Gaming Association Grant in the
Page 4 of 158
amount of $30,000 for the purchase of a Full Spectrum Imaging System, with $30,000
matching City funds, and authorize Mayor to sign all necessary documents.
Submitted By: Joe Leibold, Captain of Police Services
7. Resolution approving Community Garden Agreement, not to exceed three (3) years,
with the First Baptist Church and EMBARC, (Ethnic Minorities of Burma Advocacy and
Resource Center) to garden four (4) City owned parcels located between 133 and 157
University Avenue and authorize Mayor to execute said agreement.
Submitted By: Noel Anderson, Community Planning and Development Director
8. Resolution approving Agreement with Iowa Department of Transportation for use of city
streets to detour traffic from the ramp to US 218 NB at Highway 63/Commercial Street,
in conjunction with the US 218 PCC Patching Project, from US 63 to Greenhill Rd. NB
(N HS N-218-7(236)-2 R-07).
Submitted By: Dennis Gentz, PE, Assistant City Engineer
9. Resolution approving Professional Services Agreement with Wayne Claassen
Engineering and Surveying, Inc., of Waterloo, Iowa, in an amount not to exceed
$19,500 for services related to the FY 2018 Brock 2nd Addition Sanitary Sewer and
Water Main Extension, Contract No. 932, and authorize Mayor and City Clerk to
execute said documents.
Submitted By: Jamie Knutson, PE, Associate Engineer
10. Resolution awarding bid in the amount of $49,247.00 to Pat McGrath Chevy, Cedar
Rapids, Iowa for two (2) compact pickup trucks for the Engineering Department.
Submitted By:Sandie Greco, Interim Public Works Director
11. Resolution approving an agreement with Iowa DOT Project No. STP -U-8155(756)--
70-07 for conducting a media, multi -media Children Traffic Safety Awareness
Campaign, covering the area covered by the Metropolitan Planning Organization in the
amount of $37,500 including the City's share of $7,500 and authorize Mayor and City
Clerk to execute said document.
Submitted By: Sandie Greco, Interim Public Works Director
12. Resolution approving contract with 4C's Consulting, LLC, of Waterloo, Iowa for
consulting services to conduct a media, multi -media Children Traffic Safety Awareness
Campaign in the amount of $37,500, and authorize Mayor and City Clerk to execute
said document.
Submitted By: Sandie Greco, Interim Public Works Director
ADJOURNMENT
Motion to adjourn.
Kelley Felchle, CMC
City Clerk
MEETINGS
5:05 p.m. Human Resource Committee, Harold E. Getty Council Chambers
Page 5 of 158
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
Page 6 of 158
CITY OF WATERLOO
Council Communication
Minutes of June 5, 2017, Regular Session, as proposed.
City Council Meeting: 6/12/2017
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk Office Higby, Nancy Approved 6/6/2017 - 12:07 PM
ATTACHMENTS:
Description Type
D Minutes of 6.5.17 Cover Memo
Submitted by: Submitted By:
Page 7 of 158
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Waterloo, Iowa, at 5:30 p.m., on Monday, June 5, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,
Morrissey, Powers, Lind, Amos, Schmitt, and Welper.
Prayer or Moment of Silence.
Pledge of Allegiance: Steve Schmitt, Council Member at Large, Cub Scout Pack #3528 from Blessed
Sacrament Catholic School, and children from Sacred Heart Catholic School.
145496 - Welper/Schmitt
that the Agenda, as amended, by adding item 1.A.13., Resolution approving preliminary plans,
specifications, and form of contracts etc., setting date of bid opening as of June 22, 2017 and date of
public hearing as June 26, 2017, in conjunction with the Waterloo Regional Airport, Reconstruct
Taxiway C (Bid Package No. 1), FAA Airport Improvement Program 3-19-0094-0045, and instruct
the City Clerk to publish said notice; adding item 1.A.14., Resolution approving preliminary plans,
specifications and form of contract, etc., setting date of bid opening as June 22, 2017 and the date of
public hearing as June 26, 2017, in conjunction with the Waterloo Regional Airport (Bid Package
No. 2) Runway 12/30 Pavement Joint Repair, Pavement Marking to Runways 12/30 and 18/36 and
Adjacent Taxiways, FAA Airport Improvement Program 3-19-0094-0045, and instruct the City Clerk
to publish said notice; and correcting item #10 to read "$3,600,000 General Obligation Bonds",
for the Regular Session on Monday, June 5, 2017, at 5:30 p.m., be accepted and approved. Voice
vote -Ayes: Seven. Motion carried.
Keith Kaspari, Airport Director, explained the need to amend the agenda by adding 1.A.13 and
1.A.14 after the deadline.
145497 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, May 22, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Mayor Hart recognized Brian Rath for 30 Years of Service.
Mayor Hart recognized Cindy Young as the June 2017 Team Member of the Month.
ORAL PRESENTATIONS
Carol Gustafson, 209 Forest Avenue, was disappointed that the city did not notify the community
that branch pick up from the storm in May would not take place. She further questioned if a helpline
could be made available for elderly people who may need help or assistance.
Mayor Hart questioned if a line currently exists to help citizens.
Jim Chapman, 224 Bertch, commented that a hate group started at a college in Virginia and that hate,
and hate groups, is not something that should exist in our vocabulary or in our communities.
David Dryer, 3145 W. 4th Street, commented that he saw software upgrades on the Finance Agenda
and questioned the need for the upgrades. He further questioned if the positions on the Human
Resources Committee could be left vacant.
Chris Youngblut, IT Director, explained that Microsoft Sequel software update was required and is
utilized for several software programs.
Mayor Hart explained that the Technology Committee helps to assess needs for different types of
software for the various city departments.
Steve Hoambrecker, Waste Management Director, explained the need for the two Waste
questioned if other states have had difficulties with these laws.
MAYOR AND COUNCIL MONTHLY REPORTS
Mr. Morrissey commented that on June 13, Ward 3 and 4 will have a combined ward meeting.
Mr. Lind commented that several citizens have contacted him about emergency sirens not working
and asked that this be fixed.
Mayor Hart announced that My Waterloo Days is this week.
Mr. Jacobs thanked the Police Department for their work on a problem in his Ward.
Mayor Hart commented that a tragedy happened across the street from his parents home and
commended first responders for their actions.
145498 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
145499 - Welper/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated June 5, 2017, in
the amount of $3,093,898.77 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. 2017-403.
2. Resolution approving request of Main Street Waterloo to hold the 16th Annual BBQ'loo and
Blues Too! festival in Lincoln Park on Friday, July 14, 2017 from 5:30 p.m. to 9:30 p.m. and
Saturday, July 15, 2017 from 11:00 a.m. to 9:30 p.m., along with the closure of E. 4th Street,
Mulberry Street and Park Ave., adjacent to Lincoln Park for the event.
Resolution adopted and upon approval by Mayor assigned No. 2017-404.
3. Resolution approving request of Main Street Waterloo, to hold My Waterloo Days festival
from June 8-10, 2017 from 11:00 a.m. to Midnight, including a noise variance and street
closures per the attached map.
Resolution adopted and upon approval by Mayor assigned No. 2017-405.
4. Resolution approving request of LaTanya Graves for variance to Noise Ordinance on June
17, 2017 from 12:00 noon to 6:00 p.m. in conjunction with the Annual Juneteenth
Celebration event to be held at Sullivan Park, including music and a PA system, together
with recommendation of approval of Captain of Police Services.
Resolution adopted and upon approval by Mayor assigned No. 2017-406.
5. Resolution approving request of Friends of Heal the Family for a variance to Noise
Ordinance on August 19, 2017 from 11:00 a.m. to 4:00 p.m., in conjunction with the Take
August 3 - 6, 2017 in conjunction with Iowa Irish Fest events that will be held in and around
Lincoln Park, east side of downtown, including live bands and PA system, together with the
recommendation of the Captain of Police Services.
Resolution adopted and upon approval by Mayor assigned No. 2017-408.
7. Resolution approving request of Tony Fischels for a waiver for a concrete driveway located
at 520 W. Parker Street and authorizing the construction of a concrete driveway and placing a
driveway or sidewalk on city right-of-way on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2017-409.
8. Resolution re -setting the date of bid opening as June 8, 2017, and date of public hearing as
June 12, 2017 in conjunction with the Waterloo Regional Airport Hangar No. 5
Rehabilitation, and instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-410.
9. Resolution setting date of public hearing as June 12, 2017 for the sale and conveyance of
657A property, located at 1606 Williston Avenue, setting date of bid opening as June 8, 2017
and directing City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-411.
10. Resolution re -setting date of bid opening as June 8, 2017 and date of public hearing as June
12, 2017, for the General Aviation Terminal Building HVAC Replacements via the DOT
Commercial Service Vertical Infrastructure Project, and instruct the City Clerk to publish
said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-412.
11. Resolution canceling the regular city council meeting of July 3, 2017.
Resolution adopted and upon approval by Mayor assigned No. 2017-413.
12. Resolution approving request for authorization to publish 2016 salaries for city employees
and officials, as required by law.
Resolution adopted and upon approval by Mayor assigned No. 2017-414.
13. Resolution approving preliminary plans, specifications, and form of contracts etc., setting
date of bid opening as of June 22, 2017 and date of public hearing as June 26, 2017, in
conjunction with the Waterloo Regional Airport, Reconstruct Taxiway C (Bid Package No.
1), FAA Airport Improvement Program 3-19-0094-0045, and instruct the City Clerk to
publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-415.
14. Resolution approving preliminary plans, specifications and form of contract, etc., setting date
of bid opening as June 22, 2017 and the date of public hearing as June 26, 2017, in
conjunction with the Waterloo Regional Airport (Bid Package No. 2) Runway 12/30
Pavement Joint Repair, Pavement Marking to Runways 12/30 and 18/36 and Adjacent
Taxiways, FAA Airport Improvement Program 3-19-0094-0045, and instruct the City Clerk
to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-416.
2.
a.
b.
a.
b.
c.
d.
e.
f.
g.
h.
i.
J
11a Vl,11 -11.4%.,317
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
LeAnn Even, Deputy
Clerk
Municipal
Professionals
Academy 2017
Ames, IA
July 26-
28, 2017
$386.00
Abraham Funchess, Jr.,
Executive Director;
Rebecca Johnson,
Human Rights
Specialist; Shelly Burch,
Admin. Secretary
2017 (EEOC)
Equal
Employment
Opportunity
Commission /
(FEPA) Federal
Employment
Partnership
Agency
Conference
Cleveland, OH
July 17-
21, 2017
$4,722.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
BP Fuel, 127 Jefferson
Street
B Native Wine / C
Beer
New
2/14/2018
X
Dad's Pub, 1106 La Porte
Road
C Liquor / Brew
Pub w/Outdoor
Service
New
6/30/2018
X
Edo's Sports Bar, 110 E.
l lth Street
C Liquor
Renewal
5/7/2018
X
Golden China, 106
Brookeridge Drive
C Liquor
Renewal
5/4/2018
X
Hickory House, 315 Park
Road
C Liquor
Renewal
5/23/2018
The Isle Casino Hotel
Waterloo, 777 Isle of Capri
Blvd. *OWNERSHIP
UPDATE*
B Liquor / B Wine
w/Outdoor Service
New
4/30/2018
X
Metro 66 #1, 3201 W. 4th
Street
C Beer
Renewal
6/30/2018
X
Risque' Gentlemen's Club,
301 W. 4th Street
C Liquor
Renewal
5/27/2018
Single Speed Brewing, 325
Commercial Street *One
Day Expanded Outdoor
Service*
C Liquor
w/Outdoor Service
New
6/10/2017
Spicoli's, 3555 University
Avenue
C Liquor
w/Outdoor Service
Renewal
12/11/2017
X
3. Motion to approve Application for Fireworks Display during My Waterloo Days festival, at Park
Avenue Bridge, on Saturday, June 10, 2017, at 9:30 p.m. (Approx. 30 minutes).
4. Motion to approve Application for Fireworks Display at Bamboo Ridge Camp Ground, on
Sunday, July 2, 2017, at 9:45 p.m. (Approx. 15 minutes).
5. Motion to approve request from Engineering to receive and place on file official notification from
the Iowa Department of Transportation to let a PCC Patching project of U.S. Hwy. 218 on July
18, 2017.
Mr. Lind questioned if three people need to attend the travel to Cleveland for item 1.B.1.B.
Abraham Funchess, Human Rights Director, explained the need for the employees to travel to the
conference.
Michelle Weidner, Chief Financial Officer, explained the budgeting for the travel.
Mayor Hart commented that a repository is being built for travel reports to help educate the public
on what happens during travel.
Roll call vote -Ayes: Seven. Motion carried.
PUBLIC HEARINGS
145500 - Schmitt/Powers
that proof of publication of notice of public hearing on request by Waterloo Home Corporation 700,
Inc. to vacate a utility easement over a former platted alley, located at 1955 Locke Avenue, as
published in the Waterloo Courier on May 22, 2017, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
145501 - Schmitt/Amos
that the hearing be closed and recommendation of approval of the Planning, Programming and
Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
145502 - Schmitt/Amos
that "an Ordinance approving a request by Waterloo Home Corporation 700, Inc. to vacate a 1,280
square foot easement, under the former Knights of Columbus Building, located at 1955 Locke
Avenue", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes:
Seven. Motion carried.
Mr. Schmitt requested an overview of the vacate.
Noel Anderson, Community Planning and Development Director, explained that the alley was
vacated back in 1958, and at the time the city chose to retain the easement. Since then, a building
has been built over the easement, and since there are no utilities in the easement, the city sees no
purpose to keep it. He further explained that by vacating the easement, the title should be clean for
future development of the site.
145503 - Schmitt/Ammos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Seven. Motion carried.
145504 - Schmitt/Amos
that "an Ordinance approving a request by Waterloo Home Corporation 700, Inc. to vacate a 1,280
square foot easement, under the former Knights of Columbus Building, located at 1955 Locke
Avenue", be considered and passed for the second and third times and adopted. Roll call vote -Ayes:
Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5401.
in the Waterloo Courier on May 26, 2017, be received and placed on file. Voice vote -Ayes: Seven.
Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
145506 - Lind/Morrissey
that the hearing be closed and recommendation of approval of the Planning, Programming and
Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried.
145507 - Lind/Morrissey
that "Resolution approving sale and conveyance of city owned property located east of 751 West
Donald Street, in the amount of $264.10, with easement retained, to Walt Tournier, 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. 2017-417.
145508 - Morrissey/Welper
that proof of publication of notice of public hearing on FY 2017 Sidewalk Repair Program and Trail
Repairs - Zone 7, Contract No. 914, as published in the Waterloo Courier on May 22, 2017, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments.
David Dryer, 3145 W. 4th Street, questioned how much of the project is trail repair vs. sidewalk
repair and how much of the trail repair is city expense.
Eric Thorson, City Engineer, explained that the city owns some of the trails and the cost will be
approximately $11,000.
145509 - Morrissey/Welper
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
145510 - Morrissey/Welper
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-418.
145511 - Morrissey/Welper
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-419.
145512 - Morrissey/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Estimate: $272,577
145513 - Welper/Morrissey
that proof of publication of notice of public hearing on the 2017 Salvaged Asphalt Crushing Project,
as published in the Waterloo Courier on May 26, 2017, be received and placed on file. Voice vote -
Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
David Dryer, 3145 W. 4th Street, questioned how the city uses and stores the asphalt that is crushed.
Sandie Greco, Interim Public Works Director, explained the various ways the asphalt is used, and
that it will be stored in the yard that was formerly known as Waterloo Lumber.
145514 - Welper/Morrissey
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
145515 - Welper/Morrissey
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-420.
145516 - Welper/Morrissey
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-421.
145517 - Welper/Morrissey
Motion to receive and file and instruct City Clerk to read bids.
Estimate: $59,000
Bidder
Bid Security
Bid Amount
CJ Moyna & Sons
5%
$152,500
$18,000
Peterson Contractors, Inc.
$77,000
Reinbeck, IA
5%
$2,200
Voice vote -Ayes: Seven. Motion carried.
145518 - Welper/Morrissey
that "Resolution awarding bid to Peterson Contractor, Inc., of Reinbeck, Iowa in the amount of
$79,200 for the 2017 Salvaged Asphalt Crushing Project and authorize 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. 2017-422.
145519 - Schmitt/Powers
David Dryer, 3145 W. 4th Street, questioned how much equipment the city owns and if equipment
could be shared between departments.
Mayor Hart questioned if Mr. Dryer is only referring to vehicles.
Mr. Dryer clarified that he is referring to vehicles and heavy equipment.
145520 - Schmitt/Powers
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Seven. Motion carried.
145521 - Schmitt/Welper
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-423.
145522 - Schmitt/Welper
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-424.
145523 - Schmitt/Welper
Motion to receive and file and instruct City Clerk to read bids and refer to Interim Public Works
Director for review.
Estimate: $50,000
Bidder
Model Year
Bid Amount
Jerry Roling Motors, Inc.
Waverly, IA
2018
$23,200 Extended
$26,980 Crew Cab
Rydell Chevrolet
Waterloo, IA
2017
$25,038 Extended
$29,312 Crew Cab
Pat M Grath Chevyland
Cedar Rapids, IA
2017
(A) $22,896
(B) $22 135
$26,351 Crew Cab
Voice vote -Ayes: Seven. Motion carried.
Mayor Hart announced that the public hearing for both General Terminal Building HVAC
Replacements, and Waterloo Regional Airport Hangar No. 5 Rehabilitation were cancelled due to
lack of bids.
RESOLUTIONS
145524 - Lind/Schmitt
that "Resolution to appoint Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent,
Bond Registrar, and Transfer Agent; approve the Paying Agent, Bond Registrar and Transfer Agent
Agreement in conjunction with the $9,245,000 General Obligation Bonds, Series 2017A, and
authorizing the execution of said agreement by the Mayor and City Clerk", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Bond Registrar, and Transfer Agent and approve the Paying Agent, Bond Registrar and Transfer
Agent agreement in conjunction with the $3,600,000 General Obligation Bonds, Series 2017B, and
authorizing the Mayor to execute said agreement", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-426.
145526 - Lind/Schmitt
that "Resolution appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent,
Bond Registrar, and Transfer Agent and approve the Paying Agent, Bond Registrar and Transfer
Agent agreement in conjunction with the $8,100,000 General Obligation Bonds, Series 2017C, and
authorizing the Mayor and City Clerk to execute said agreement", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-427. Motion carried.
145527 - Amos/Morrissey
that "Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds,
approving the Tax Exemption Certificate and Continuing Disclosure Certificate for the $9,245,000
General Obligation Bonds, Series 2017A", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mayor Hart questioned if the word taxable needs to be added to the resolution.
Michelle Weidner, Chief Financial Officer, explained that the bond is tax exempt.
David Dryer, 3145 W. 4th Street, commented that the public needs more information about the bond
issues.
Mayor Hart explained that these items have been discussed previous meetings.
Michelle Weidner explained that work sessions started in February to discuss the CIP requests and
numerous public hearings were held at each step of the bonding process. Tonight these are the final
actions required to sell the bonds.
Resolution adopted and upon approval by Mayor assigned No. 2017-428.
145528 - Amos/Morrissey
that "Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds, and
approving the Continuing Disclosure Certificate for the $3,600,000 General Obligation Bonds,
Taxable Series 2017B", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-429.
145529 - Amos/Morrissey
that "Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds, and
approving the Continuing Disclosure Certificate for the $8,100,000 General Obligation Bonds,
Taxable Series 2017C", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-430.
145530 - Morrissey/Amos
that "Resolution approving the Disadvantaged Business Enterprise (DBE) program for the Waterloo
145531 - Morrissey/Amos
that "Resolution approving construction plans for storm sewer and sanitary sewer, serving the Irving
Square Addition, and Sewage Treatment Agreement, DNR form 28A (Sept 2010), and the final
acceptance of construction plans, and authorize 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. 2017-432.
145532 - Morrissey/Amos
that "Resolution approving award of contract to B & B Builders and Supply, of Waterloo, Iowa in
the amount of $272,298.52 and approving the bonds and Certificate of Insurance for the FY 2017
Sidewalk Repair Program and Trail Repairs - Zone 7, Contract No. 914; and authorize 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. 2017-433.
145533 - Lind/Morrissey
that "Resolution approving Supplemental Agreement No. 2 with AECOM Technical Services, Inc.
of Waterloo, Iowa, in an amount not to exceed $4,000.00, for additional construction -related services
in conjunction with the FY 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue,
Contract No. 916, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-434.
145534 - Lind/Morrissey
that "Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc.
of Waterloo, Iowa, for an amount not to exceed $3,500.00, in conjunction with the FY 2017 Biennial
Bridge Review Program, and authorize Mayor to execute said document", be adopted. Roll call
vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-435.
145535 - Welper/Amos
that "Resolution approving contract with Vandewalle & Associates for continued work on
downtown Waterloo planning efforts, redevelopment design, riverfront development, and funding
opportunities, in the amount of $72,000, and authorize the Mayor and City Clerk to execute
necessary documents", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned the activity in the last year from Vandewalle.
Noel Anderson explained that in the past the planning was primarily focused on city improvements
in the downtown area, now the focus has shifted to private projects, such as SingleSpeed Brewery, to
help continue to plan and develop downtown. They have provided leads to the city and have helped
to draw up land use plans to develop Downtown Waterloo.
Mayor Hart questioned the continuity.
Noel Anderson commented that the downtown master plan outlines the design and flow patterns of
pedestrians and traffic.
Mr. Lind commented that he would prefer to have a list of accomplishments in the future to see what
that he would like to see the agendas extended to Mr. Lind. He further commented that he does not
want Vandewalle to take all of the credit for SingleSpeed Brewery as it was a grassroots effort from
the community to save the building.
David Dryer, 3145 W. 4th Street, commented that Cedar Falls is assessing their parking needs and
questioned if the development is going to have a negative impact on parking.
Mayor Hart commented that parking is being considered at Center for the Arts and other surrounding
areas and that the city has parking ramps but sometimes the public is not accustomed to utilizing the
spaces. He further commented that parking is considered in development plans.
Resolution adopted and upon approval by Mayor assigned No. 2017-436.
145536 - Welper/Amos
that "Resolution approving Amendment to Development Agreement with Deer Creek and City of
Waterloo, approved September 26, 2016, for the repayment of infrastructure funds in Greenbelt
Center to change Section 4 from 180 days to 360 days, and authorize the Mayor and City Clerk to
sign and fully execute all necessary documents", be adopted. Roll call vote -Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-437.
ORDINANCES
145537 - Welper/Morrissey
that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances, by repealing Title 5,
Police Regulations, Chapter 4 Convenience Store Security and enacting in lieu thereof a new Title 5,
Police Regulations, Chapter 4 Convenience Store Security", be received, placed on file, considered
and passed for the third time. Roll call vote -Ayes: Zero. Motion failed.
Mr. Welper commented that he has supported the first two readings but that too much confusion
exists about the ordinance and would like to see the item voted down.
Mr. Powers commented that the Police Department put a lot of effort into the ordinance is aware of a
lot of miscommunication about the ordinance but that he will be voting no tonight.
Mr. Morrissey commented that he would be voting against the ordinance.
Mr. Lind commented that he had received numerous complaints about the proposed ordinance and
that he would be voting no.
Mr. Schmitt commented that he agrees with Mr. Powers and expressed his appreciation of Lt.
Fangman's efforts, but at this point, he is glad to hear that council appears to have had a change of
heart on the issue.
Mayor Hart commented that a lot of work went into the ordinance but more work needs to happen on
it in the future to come up with a better plan for the ordinance.
Ordinance adopted and upon approval by Mayor assigned No. 5402. (This item failed).
ADJOURNMENT
145538 - Morrissey/Powers
that the Council adjourn at 6:41 p.m. Voice vote -Ayes: Seven. Motion carried.
EAB RELATED EXPENDITURES
FROM 1/24/14 -- 5/20/17
The City of Waterloo has spent $370,273 removing ash trees and stumps with CIP funds since 1/24/14
on city owned properties. The City has spent $57,427 of taxpayer funds to replant 396 trees in parks
and golf courses. The city has nearly tripled that money with grant funds for planting. Approximately
40% of the Waterloo Leisure Services Forestry Crew time has been spent each year since finding the
emerald ash borer removing infested ash trees. That time plus commodity purchases has amounted to
$869,461. That brings the total EAB related expenditures to $1,297,151.
As of 5/20/17 the crews have removed 2457 ash trees. There are still 2182 ash trees remaining on city
owned rights of way, parks, and golf courses. Of those remaing there are 112 that are being treated - 32
in parks & golf courses and 80 along the street right of ways by homeowners.
$1,297,151 TOTAL EXPENDITURES
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City of Waterloo
Finance Committee Open Invoice Report
For Jane 12, 2017 Approval
Finance Committee Accounts Payable Open Invoice Report Total
As of Friday, June 9, 2017
EFT Transactions:
Add: Wellmark Weekly Claims
Add: Wellmark Weekly Claims
Add: State of Iowa Crime Victim Assistance Division - refund
979,208.01
158,569.50
191,365.90
5,340.80
Subtotal - as of Monday, June 12, 2017
1,334,484.21
Workers Compensation Issued by TPA
Housing Authority Housing Assistance EFT's
Housing Authority Housing Assistance EFT's
Payroll
6,284.42
1,217.40
1,679,697.81
Bill Payment Total - Monday, June 12, 2017
3,021,68184
Payment to Council members or related entities:
CITY OF WATERLOO
Council Communication
Proclamation declaring June 17, 2017, as Juneteenth Celebration.
City Council Meeting: 6/12/2017
Prepared: 5/24/2017
REVIEWERS:
Department Reviewer Action Date
Mayor Office Westphal, Michelle Approved 5/24/2017 - 10:30 AM
Clerk Office Higby, Nancy Approved 6/6/2017 - 12:04 PM
ATTACHMENTS:
Description Type
D Proclamation Juneteenth Celebration 2017 Cover Memo
Submitted by: Submitted By: Mayor Quentin Hart
Page 20 of 158
CITY OF WATERLOO, IOWA
PROCLAMATION
WHEREAS, on June 19, 1865, Union soldiers led by Major General Gordon Granger landed
at Galveston, Texas, to enforce President Lincoln's Emancipation Proclamation
and declare freedom for all slaves; and
WHEREAS, each year thereafter, former Texas slaves and their descendents joined in a
celebration of freedom and the commemoration became known as "Juneteenth";
and
WHEREAS, across our nation, Americans celebrate Juneteenth, a day to reflect on the
sufferings of slavery and to remember the joyful declaration of freedom. It is a
time of rejoicing with family and friends and a time for planning the future; and
WHEREAS, this celebration gives us the opportunity to commemorate African American
heritage. As we honor the courage and fortitude of our ancestors, we renew our
commitment to combat injustice with the triumphant spirit of freedom.
NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim
June 17, 2017, as
JUNETEFNTII CELEBRATION
in the City of Waterloo and acknowledge the many contributions African Americans have made to our
great Nation. Today is an opportunity to recommit ourselves to confronting injustice wherever we find
it and upholding the dignity of all people. By doing so, we protect the freedom and democratic ideals
that will keep America strong for generations to come.
IN 'WITNESS YItH$REOF I have here unto set my hand and caused the official seal of the City
of Waterloo, Iowa to be affixed this 12th day of June 2017.
ATTEST:
Kelley Fele
City Clerk
e
•7/.^1111 :'I SII (t l O ',,
Quentin Hart
Mayor
CITY OF WATERLOO
Council Communication
Request from Husein Odobasic for a waiver for a concrete driveway located at 217 Maryland Avenue with the
elimination of the sidewalk section due to the inability to meet grade requirements.
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department Reviewer Action Date
Engineering Thorson, Eric Approved 6/7/2017 - 10:53 AM
Clerk Office Higby, Nancy Approved 6/7/2017 - 10:57 AM
ATTACHMENTS:
Description Type
❑ DW Waiver_217 Maryland Ave. Cover Memo
SUBJECT:
Request from Husein Odobasic for a waiver for a concrete driveway located
at 217 Maryland Avenue with the elimination of the sidewalk section due to
the inability to meet grade requirements.
Submitted by: Submitted By: Eric Thorson, PE, City Engineer
Recommended Action: Recommended for approval by the City Engineer.
Summary Statement:
Background Information:
Attached is a request for construction of a concrete driveway with the
elimination of the sidewalk section due to the inability to meet requirements
of the driveway and sidewalk specifications, Section 18, to be located at 217
Maryland Avenue.
I have reviewed this request and recommend its approval subject to the
following provisions:
1. Work to be performed by an approved and bonded contractor.
2. A permit is to be obtained from the office of the City Engineer prior
to construction.
3. All work shall be performed under the supervision of the City
Engineer at no cost to the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal
description have been provided to the City Clerk's office.
This is a waiver of the City's Standard Specifications for Driveway
Construction. It requires Council approval so that it can be recorded to the
property, so that the waiver requirements run with the property ownership.
Page 22 of 158
Legal Descriptions:
PROSPECT PLACE LOT 158 E 1/2 VAC ALLEYADJ LOT 158 ON
W
Page 23 of 158
WAW
Date: Apf;1 Z Z0/7
Honorable Mayor and City Council
City Hall
Waterloo, IA 60703
Council Persons:
,,,t ; --Z7
k6See-Q 'rade_ �� w/
I hereby request a waiver to the driveway and sidewalk specifications for the construction
of a driveway or sidewalk located at
(concrete oy asphalt)
Z/ 7 f
This waiver is needed because of:
(Address)
special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick
stamped pattern, paving brick).
elimination of the sidewalk section due to the inability to meet the grade requirements.
elimination of the sidewalk section for asphalt driveways.
placement of a driveway or sidewalk on City right-of-way on an unimproved street.
Other:
I agree to the following:
1. To remove and replace this driveway to an official elevation at no additional expense to the
City of Waterloo at such time that sidewalk is constructed.
2. To remove and replace the private driveway, as needed, to an official elevation at no additional
expense to the City of Waterloo at such time that curb and gutter is constructed.
3. To pay for any additional expenses for the replacement of any such textured driveway or
sidewalk that has been removed for any City of Waterloo project.
4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer.
5. To have the driveway constructed accordingto the specifications and policies of the City
Engineer and under his supervision.
6. This waiver is for this property only.
Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of
recording this agreement.
Respectfully submitted,
t
Printed Name of Property Owner Signature of Property Owner
lit{ se G n pd b
Page 24 of 158
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as July 10, 2017 and date of bid opening as July 6, 2010 for the
Police Department' s FY 2018 Ammunition Bids, and instruct the City Clerk to publish said notice.
City Council Meeting: 6/12/2017
Prepared: 6/6/2017
REVIEWERS:
Department
Police Department
Clerk Office
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Legal Descriptions:
Reviewer
Krogh, Frank
Higby, Nancy
Action
Approved
Approved
D ate
6/6/2017 - 3:21 PM
6/7/2017 - 9:16 AM
Resolution setting date of public hearing as July 10, 2017 and date of bid
opening as July 6, 2010 for the Police Department' s FY 2018 Ammunition
Bids, and instruct the City Clerk to publish said notice.
Submitted By: Captain Frank Krogh
Authorize the Police Department to seek bids, setting the date of bid
opening as July 6, 2017 and the date of Public Hearing of July 10, 2017 for
the FY 18 Ammunition needs, and instruct the City Clerk to publish said
notice.
This is an annual purchase of ammunition used in firearms training for the
Police Department. This ammunition is needed in order to maintain
proficiency and certifications in a variety of weapon systems.
Yes
General Funds
None
None
Ammunition costs and requirements to continue to increase each year. The
delay from order to delivery can be up to a year. This ammunition is utilized
to maintain proficiency and certification that reduces liability.
N/A
Page 25 of 158
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as June 26, 2017, for adoption of the FY 2018-2022 Capital
Improvements Program for the City of Waterloo, and authorize City Clerk to publish said notice.
City Council Meeting: 6/12/2017
Prepared: 6/6/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Reviewer
Schroeder, Aric
Higby, Nancy
Action
Approved
Approved
D ate
6/7/2017 - 10:13 AM
6/7/2017 - 10:42 AM
Resolution setting date of public hearing as June 26, 2017, for adoption of
the FY 2018-2022 Capital Improvements Program for the City of Waterloo,
and authorize City Clerk to publish said notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
Transmitted herewith is the Capital Improvements Program for FY 2018-
2022. Please see the attached document.
The Capital Improvements Plan details the City of Waterloo's priority capital
expenditures for a five year period. It is updated annually to re-establish top
priority projects as needs may change in the community, but while staying
cognizant of the larger, multi-year planning methods for larger projects,
overall infrastructure needs and based on the growth of the community.
The overall priority for the 2018-2022 plan is centered around the many city
projects and needs, with an emphasis on water -related activities, flood
protection, sewer improvements, drainage way improvements, etc.
At their regular meeting on June 6, 2017, the Planning, Programming and
Zoning Commission received an placed on file the Capital Improvements
Program for 2018-2022.
N/A
N/A
Long term and short term planning for improvements.
N/A
The City of Waterloo annually updates and adopts a Capital Improvements
Page 26 of 158
Background Information: Plan for the updating of the five year plan.
Legal Descriptions: N/A
Page 27 of 158
CITY OF WATERLOO
Council Communication
Resolution setting the date of hearing for June 26, 2017 for request by Jason Grimm to purchase a city owned
lot located adjacent to 157 University Avenue for $2,000, with Development Agreement.
City Council Meeting: 6/12/2017
Prepared: 5/31/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Higby, Nancy
ATTACHMENTS:
Description
❑ Detailed Property Report/Aerial Photo
D Application
D Site plan
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Action
Approved
Approved
Type
Cover Memo
Cover Memo
Cover Memo
D ate
6/7/2017 - 11:05 AM
6/7/2017 - 11:19 AM
Resolution setting the date of hearing for June 26, 2017 for request by Jason
Grimm to purchase a city owned lot located adjacent to 157 University
Avenue for $2,000, with Development Agreement.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval of the request as submitted.
The property was acquired by the city in 1991; however It is not known in
what manner it was acquired. The assessed value of the property is $4,960.
The applicant is offering $2,000 with development agreement. The applicant
is requesting to purchase the lot to allow for the construction of a garage
estimated to cost $25,000.
The lot is an irregular shaped lot with a 50' frontage and 30' rear, 101' along
the easterly property line, and 131' along the westerly property line totaling
5,950 square feet; which does not meet the minimum lot size of 6,000 square
feet. However, it is a lot of record as the lot appears to have been platted
prior to the adoption of the ordinance in 1969; and therefore could legally be
built upon. The only access is from a 16' alley in the rear of the property and
therefore, would not appear to be marketable as a buildable lot.
None
N/A
Page 28 of 158
Policy Issue: Sale of City owned Lots
Legal Descriptions:
Leland Park All Lot 3 Block 2 Except Southwest West 30 Feet Southeast
East 20 Feet and except North 4 Feet, in Waterloo Iowa, Black Hawk
County.
Page 29 of 158
5/31/2017 Printable Map Output
Black Hawk County Parcel Map
Parcel ID: 18913-26-129-025
Deed Holder:
CITY OF WATERLOO
Legal:
LELAND
PARK ALL LOT 3 BLK 2 EXC SW 30 FT
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20
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• Copyright ICI 9324111 URI Inc , ' .. ,'.. - I 4 f'
=lack Hawk County, Iowa
c 16 East 5th Street
aterloo, Iowa 50703-4774
-hone: (319) 833-3002
ax: (319) 833-3070
-mail: auditor co.black-hawk.ia.us.oru
Map Disclaimer: This map does not represent a survey. No liability is assumed for the
accuracy of the data delineated herein, either expressed or implied by Black Hawk County,
the Black Hawk County Assessor or their employees. This map is compiled from official
records, including plats, surveys, recorded deeds, and contracts, and only contains
nformation required for local government purposes. See the recorded documents for more
1Jetailedlegai information.
Page 30 of 158
111
5/31/2017
Black Hawk County Detailed Parcel Report
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID
8913-26-129-025
PDF No,
Map Area
Deed Holder
CITY OF WATERLOO
Contract Buyer
4
CWTLO-03
Tax Mail to Address
CITY OF WATERLOO
715 MULBERRY ST
ATTN: FINANCE DEPARTMENT
WATERLOO, IA 50703-0000
Property Address
Current Recorded Transfer
00000
00000-0000
Date Drawn Date Filed Recorded Document ype
6/28/1991 1111991 LD 620899
D
r
SALES
Date
Amount
9/6/1989
7/10/1989
6/15/1981
3,500
300
10,500
NUTC 1 Type
BUILDING PERMIT
None
SALE BY LENDING INSTITUTION OF
PROPERTY ACQUIRED AS RESULT OF
- PRIOR 091 Contract
SALE TO/BY GOVERNMENT - PRIOR
091 Deed
TRANSFER OF PARTIAL INTEREST -
PRIOR 091 Deed
ASSESSED VALUES/CREDITS
Year
2017 Values pending Board of Review Action
100%
Value
Taxable
Value
Land10
Multi -Residential Land
4,960
Land
4,960
Multi -Residential Land
0
Dwelling
0
Dwelling
0
Class
E
Building 'Total res
0
�AG
4,960 !„1
Building
0
Total
4,960
Year
2016
Class
E
100% Land
Value ,960
Multi -Residential Land
0
Dwelling Building
0
Taxable Land
Value ,960
Multi -Residential Land
0
Dwelling
0
Totalcres
4,960
otal
,960
Building
0
ear
015
Class
E
100%
alue
axable
alue
Year
2014
Land
4,960
Multi -Residential Land
0
Land Multi -Residential Land
4,960
Class
E
Ing Total Acres
Dwelling jBuilding Total
4,960
Dwelling
0
`Building
0
4,960
100% Land
Value ,960
Taxable Land
Value ,960
Multi -Residential Land
Dwelling
Building
Total
0
Multi -Residential Land
0
0
Dwelling
0
0
4,960
Building
0
Acres
Total
4,960
TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017
Tax District40001 - WATERLOO
1 1 1 Pag6 31 of 1
http:Ilwww2.co.black-hawk.ia.uslwebsitelbhm aplbhRepDet.asp?apn=891326129025
1/2
5/31/2017
Corp
Nocorp
ross Value
Black Hawk County Detailed Parcel Report
axable Value Military Exemption Levy Rate
40.78414
0 0
Homestead Disabled Veteran Property Tax Relief
Credit Credit
Corp $0.00
$0.00
Credit
$0.00
Gross Tax
$0.00
$0.00
Ag Business Property Tax
Credit Credit
$0.00 $0.00
Nocorp
$0.00
LEGAL
ELAND PARK ALL LOT 3 BLK 2 EXC SW 30 FT SE 20 FT AND EXC N 4 FT
Basis Front
Front Foot 20
Front Foot
Totals:
30
Rear
...........
20
30
Side 1
101
131
LAND
131
Lot
0
0
Area
5950
cres
0.137
5950
0.137
Entry Status: Estimated
Date Website Last Updated: 05/19/2017
htip://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326129025
Page 32 of 158
2/2
City of Waterloo Planning & Zoning Department
715 Mulberry Street, Waterloo, Iowa 50703
(319) 291-4366
❑ Offer to Vacate and Purchase City Right -of -Way
❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement
Sale of City -Owned Property
Applicant: Yom � �,(z,� Address: 5`7 ‘j,t,ylo � E Phone No.: 3t1 -4,4c4- 41 2_
General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.):
Legal description of area to be conveyed, vacated, or encroached:
1. A nonrefundable filing fee(s) shall be made as follows (checks payable to City of Waterloo):
• Right-of-way vacation One Hundred Seventy Five Dollar ($175.00) Filing Fee
• Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee
• Encroachment — One Hundred Dollar ($100.00) Filling Fee
• _ Sale of city -owned property not required to be vacated —1No F ,ee __
• Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee
2. Offer Price*[Nate: If the offer price meets the Sale of Property Policy (see attached) the request will not be
required to be reviewed by the Building & Grounds Committee.] 3%00.4_ , i3Qr3 7 - OZ5
• Asking price (see attached Sale of Property Policy for how calculated): I SSe S;S'nAt r // ((L :-.-11191°C)
• Deductions
• May decrease price by 50% for area located within an easement:
• May decrease price for the City tax that will be collected on
the land within 5 yrs (8 yrs inside of the CURA):
• Costs (surveying & misc., demolition, remove of curbs, etc):
Asking price — Deductions = Value of Property:
Offer Price for Entire Area:
v c /)461 z 104/--,4(J, —fc)
.I iranr
Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase
City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated.
Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City
Council. Any such applicant shall need to request review to Building and Grounds through a City Council member.
3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and
recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers.
4. Easement*: The following easement shall be retained:
5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves
additional construction as the reason for the request.
5-/-17
Date
*Not required for easement vacates sidewalk vacates or Encroachment Agreements
Page 33 of 158
City of Waterloo and Board Members,
I'm writing to you in hopes that an agreement of the sale of city owned
property; parcel ID # 8913-26-129-025. Purchase of this property would allow for
a new $25,000.00 garage to be built at my current property 157 University Ave. A
garage is something my family desperately needs. Currently we have no where to
put any of our things. Kids toys are scattered, bikes, lawnmower, gardening
equipment and grill are all out in the open. We don't care to have the property to
look like this and I'm sure nor do our neighbors. I've spent a great deal of time
and money turning this once rental property back into a respectable family home.
It is my hope that you find my offer price of the property reasonable and fair so
that I can continue to expand on my efforts to make this property safer, cleaner,
secure and better for my family and for the neighborhood.
Current city property that I would like to purchase is alley entrance only
and sits just off the Washington St exit. The expense of maintaining this property
and the 4 others next to it cost the city money. If sold to me it will be it will be
maintained, I'd like to landscape and build privacy fence as well as the
construction of the new garage. This would be a good for the city and it will start
generating revenue.
Regards,
Jason Grimm
S/007/(-7
Page 34 of 158
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Page 35 of 158
CITY OF WATERLOO
Council Communication
Resolution setting the date of public hearing as June 26, 2017 for a request by Kwik Trip, Inc for a major site
plan amendment in the "M -2,P" Planned Industrial District to allow for the construction of a biodiesel blending
facility, located directly west of 2010 West Ridgeway Avenue, and instruct City Clerk to publish pertinent
notice.
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Higby, Nancy
ATTACHMENTS:
Description
D Staff Report & Aerial Maps
D Site Plan
D Floodplain Map
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Action
Approved
Approved
Type
Backup Material
Backup Material
Backup Material
D ate
6/7/2017 - 10:56 AM
6/7/2017 - 10:59 AM
Resolution setting the date of public hearing as June 26, 2017 for a request
by Kwik Trip, Inc for a major site plan amendment in the "M -2,P" Planned
Industrial District to allow for the construction of a biodiesel blending
facility, located directly west of 2010 West Ridgeway Avenue, and instruct
City Clerk to publish pertinent notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
The applicant is proposing the construction of a biodiesel fuel blending
station for approximately 4.5 acres of the area in question along Ridgeway
Avenue. The site plan shows four storage tanks initially along with a 20'x22'
maintenance building and a fueling building with 3 entrance and exit points on
the north and south side of the building to allow for trucks to conduct work
inside of the structure. The proposed blending facility would be the first for
Kwik Trip in the State of Iowa and would fill a need for their growing
footprint in the state.
The site plan also shows the incoming fuel product unloading area located
west of the storage tanks and structures. The fueling tanks are located within
a containment wall in case of any spillage or faults with the tanks. Ten semi
parking spaces are shown in the northwest corner of the site plan. The
applicant has indicated that trucks will not be parked at this location for long
if they are parked at all.
The "M -2,P" Planned Industrial District is intended and designed to provide
Page 36 of 158
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Legal Descriptions:
for the orderly planned growth of industries in large tracts of land, allowing
greater flexibility and diversification of land uses and building location.
The "M -2,P" Planned Industrial District allows any use permitted in the "M-
2" Heavy Industrial District. A biodiesel blending facility is considered to be
a permitted use within the "M-2" Heavy Industrial District.
N/A
N/A
Zoning and Land Use
N/A
This request is similar to the request that was before City Council in
October of 2016 for a fuel blending station along Hwy 63 South of Hwy 20.
That request was denied due to concerns from the surrounding homes
and businesses. Staff feels the current location is a more suitable location
due to the Industrial and Commercial nature of the area along Martin Rd and
Ridgeway Avenue.
The Planning and Zoning Commission recommended approval of the Site
Plan Amendment at their June 6, 2017 meeting with a vote of 7-0.
The Southeast Quarter of the Southeast Quarter Section 32 Township 89
Range 13 except the east 330 feet also Except that part platted as Brock
Addition Lot 1 2004-033271
Page 37 of 158
REQUEST:
APPLICANT:
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
COMPLETE
STREETS/ TRAIL
POLICIES & PLANS:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
ZONING
DEVELOPMENT
HISTORY:
BUFFERS/
SCREENING
REQUIRED:
June 6, 2017
Request by Kwik Trip for a Site Plan Amendment in the "M-2, P"
Planned Industrial District to allow for the construction of a
biodiesel blending facility.
Kwik Trip Inc., PO BOX 2107, La Crosse, WI 54602
A new Kwik Trip biodiesel blending facility located west of 2010
Ridgeway Avenue.
The request would not appear to have a negative impact on the
neighborhood and surrounding land use. Commercial and
industrial uses are located to the northeast, east and south of
Ridgeway Avenue.
The request would not appear to have a negative impact on the
surrounding vehicular and pedestrian traffic conditions. The
applicant would be gaining access to the lot from west Ridgeway
Avenue, which is classified as a minor arterial roadway according
to the Federal Functions Classification System. The curb cut
location will be aligned with Titan Trail.
Currently no sidewalks are located around the property in question.
The City of Waterloo has adopted a Complete Streets Policy and it
is the intent of that policy to fill sidewalk gaps as development
occurs. Due to no sidewalks being constructed on adjacent
properties and the Sergeant Road Trail being located just east of
the site in question, sidewalks would not appear to be needed as a
part of the development of this property. A trail is planned for the
south side of west Ridgeway Avenue in the future.
The area was rezoned from "U-1" Unclassified District to "M -2,P"
Planned Industrial District through ordinance number 4690 on May
3, 2004.
North —Agricultural Ground, zoned "M -2,P" Planned Industrial
District.
East — Denso International, "M -2,P" Planned Industrial District.
South — Pro Build and vacant land, zoned "M -2,P" Planned
Industrial District & "B -P" Business Park District.
West — Vacant land, zoned "M -2,P" Planned Industrial District.
The area is comprised of commercial & industrial development and
also vacant property. Denso International was developed in 2004.
The property in question was acquired by the City in 2004 and has
been in crop production since 1982.
No screening or additional buffers are required. The site plan does
indicate a security fence will be located around the perimeter of the
property along with landscaping along the fence line in numerous
locations around the main development area. A restricted access
gate is proposed at the entrance of the property that will be
activated with a card reader.
6.6.2017 SPA Kwik Trip Ansborough Avenue & Martin Road Blending Station
Page 1 of 3 Page 38 of 16
DRAINAGE:
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER,
ETC.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS:
June 6, 2017
A drainage plan for the project will need to be submitted and
reviewed by the Engineering Department prior to issuance of a
building permit for the project.
A small portion of the westerly portion of the project area (4.5
acres) is located within the 100 -year floodplain and a majority of
the property is located within the 500 -year floodplain as indicated
by the Federal Insurance Administration's Flood Insurance Rate
Map, Community Number 190025 and Panel Numbers 0282F,
dated July 18, 2011.
No schools are located within the vicinity around the project site.
The Katoski Greenbelt is located approximately a quarter mile to
the west.
Sewer and water will need to be extended to serve the area in
question. Santitary sewer is located east of the site in question in
Martin Road and Ridgeway Avenue. A 12" water main is located
south of Ridgeway Avenue and a 4" gas main is located along the
southerly property line of the property in question within the north
right-of-way of Ridgeway Avenue.
The Future Land Use Map designates this area as Industrial and
the proposed Blending Station would be in conformance with the
Future Land Use Map for this area and the Comprehensive Plan.
The applicant is proposing the construction of a biodiesel fuel
blending station for approximately 4.5 acres of the area in question
along Ridgeway Avenue. The site plan shows four storage tanks
initially along with a 20'x22' maintenance building and a fueling
building with 3 entrance and exit points on the north and south side
of the building to allow for trucks to conduct work inside of the
structure. The proposed blending facility would be the first for Kwik
Trip in the State of Iowa and would fill a need for their growing
footprint in the state.
The site plan also shows the incoming fuel product unloading area
located west of the storage tanks and structures. The fueling tanks
are located within a containment wall in case of any spillage or
faults with the tanks. Ten semi parking spaces are shown in the
northwest corner of the site plan. The applicant has indicated that
trucks will not be parked at this location for long if they are parked
at all.
The "M -2,P" Planned Industrial District is intended and designed to
provide for the orderly planned growth of industries in large tracts
of land, allowing greater flexibility and diversification of land uses
and building location.
The "M -2,P" Planned Industrial District allows any use permitted in
the "M-2" Heavy Industrial District. A biodiesel blending facility is
considered to be a permitted use within the "M-2" Heavy Industrial
District.
6.6.2017 SPA Kwik Trip Ansborough Avenue & Martin Road Blending Station Page 2 of 3 Page 39 of 17
June 6, 2017
STAFF ANALYSIS — City Staff is currently working with a survey company to parcel off
SUBDIVISION the 4.5 acres in question from the overall 26.5 acre site. The
ORDINANCE: Planning and Zoning Commission will need to approve a
preliminary and final plat for the site in question in the future.
STAFF Therefore, staff recommends that the request for a Site Plan
RECOMMENDATION: Amendment in the "M -2,P" Planned Industrial District be approved
for the development of a biodiesel blending facility, for the following
reasons:
1. The request would appear to be compatible with the
surrounding area, which is industrial and commercial in nature.
2. The request would appear to be an appropriate fit for this area
and be additional development for the City of Waterloo.
3. The request would fill a need for a Kwik Trip blending facility
for not only the City of Waterloo but all of Iowa.
Subject to the following condition:
1. That the final site plan meets all applicable city codes,
including but not limited to pedestrian interconnectivity,
landscaping, drainage, etc., except as specifically altered by
approval of the major and minor site plan amendments.
6.6.2017 SPA Kwik Trip Ansborough Avenue & Martin Road Blending Station
Page 3 of 3 Page 40 of 11g
City of Waterloo Planning, Programming and Zoning Commission
June 6, 2017
W of 2010 West Ridgeway Avenue
"M -2,P" Site Plan Amendment
Kwik Trip, Inc.
Page 41 of 111)
City of Waterloo Planning, Programming and Zoning Commission
June 6, 2017
Proposed Location of
Blending Facility
2010 West Ridgeway Avenue
W. RIDGEWAYAVE W.-RIDGEWAYAVE
W.•RIDGEWAYAVE
W RIDGEWAYAVE
W.-RIDGEWAYAVE-
z
W of 2010 West Ridgeway Avenue
II II
"M -2,P" Site Plan Amendment
Kwik Trip, Inc.
Page 42 of 40
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APPLICATION SITE PLAN AMENDMENT TO A "R -P",
"M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT
CITY OF WATERLOO PLANNING, PROGRAMMING, AND
ZONING COMMISSION, WATERLOO, IOWA
319.291.4366
New or Overall Amendment
Individual Building .
Minor change (check one) (Minor Change must be approved by staff)
1. APPLICATION INFORMATION:
a. Applicant's name (please print): KW tit- `ft- t P ^ DP-el-pFo i2-> F121
Address: PO Box, 7-401 Phone: We. 7i3 ieyiyf Fax:
City: t4 t-vwsS C— State: w I Zip: 5 �(�o Z
b. Status of applicant: (a) Owner ' (b) Other X (CHECK ONE): If other explain:
vivo 60-- thoroAci-
c. Property owner's name if different than above (please print): C -i t1,1 p !— Wg r k.1. i O
Address: '715 ill us. 6t sr Phone: 31°j '2M/ q Udir, Fax:
City: 1,4.*T:yi,t,txp State: t4 Zip: c,,--11-,3
2. PROPERTY INFORMATION:
a. General location of site plan to be amended:
b. Legal description of property or portion to be amended:
W a 112 10 r2/1is&Cw41 11616-
c. Dimensions of proposed site plan amendment: 41f./V 7c
d. Area of proposed site plan amendment:
e. Current zoning:
f. Reason(s) for site plan amendment and proposed use(s) of property:
g. Conditions (if any) agreed to (does not affect existing conditions unless specified):
h. Other pertinent information (use reverse side if necessary):
Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent
to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process
(separate from site plan amendment request).
The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable
to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof
be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will
require that the request go back through the process, with a new filing fee. If the request is denied no new petition
covering the same or portion of the same property shall be fled with or considered by the Planning, Programming, and
Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The
undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along
with it "s true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning
Com sion and the Waterloo City Council in making their decision. The undersigned authorize City Zoning
Off s to en j€ - - property in question in regards to the request.
10c1-t7&—bre
Sig i a re of Applica Date Signature of Owner Date
Page 51 of 1gei
Site Plan Amendment Request — Adjacent to 2010 West Ridgeway Avenue
Looking at the open field to the west of
2010 West Ridgeway Avenue where the
new fuel blending station would be built.
2010 West Ridgeway Avenue to the east
of the site in question.
11111111111111110111110110111111111111111111111111111111111111111111
11121 1111 1111111111111111
AP14V6i19pl,ul���r
Looking south across West Ridgeway
Avenue at existing commercial
development.
Looking southwest across West Ridgeway
Avenue at vacant development ground.
Page 52 of
City of Waterloo Planning, Programming and Zoning Commission
June 6, 2017
Floodway
Proposed Location of
Blending Facility
2010 West Ridgeway Avenue
W. RIDGEWAY AVE
W.•RIDGEWAYAVE
W. RIDGEWAY AVE
W RIDGEWAYAVE
W.-RIDGEWAYAVE-
co
i
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W of 2010 West Ridgeway Avenue
"M -2,P” Site Plan Amendment
Kwik Trip, Inc.
Page 53 of '4i
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CITY OF WATERLOO
Council Communication
Resolution setting the date of public hearing as June 26, 2017 for a request by Prime RE, LLC for a major site
plan amendment in the "S-1" Planned Industrial District to allow for the construction of a 12,160 square foot
retail commercial building and 71 stall parking lot, located north of 2060 Crossroads Boulevard, and instruct
City Clerk to publish pertinent notice.
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Higby, Nancy
ATTACHMENTS:
Description
D Attachments - Prime RE, LLC SPA
SUBJECT:
Submitted by:
Recommended Action:
Action
Approved
Approved
Type
Cover Memo
D ate
6/7/2017 - 10:16 AM
6/7/2017 - 10:40 AM
Resolution setting the date of public hearing as June 26, 2017 for a request
by Prime RE, LLC for a major site plan amendment in the "S-1" Planned
Industrial District to allow for the construction of a 12,160 square foot retail
commercial building and 71 stall parking lot, located north of 2060
Crossroads Boulevard, and instruct City Clerk to publish pertinent notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
The request would not appear to have a negative impact on the surrounding
neighborhood or land use. Within the last few years, three new strip malls
have been constructed and have not negatively impacted the surrounding
area. The proposed retail center would be compatible with other commercial
uses in the area. The request would not appear to have a negative impact on
vehicular or pedestrian traffic movements in the area.
The area is served by Crossroads Boulevard, which is a 4 -lane roadway that
is classified as a Local Street. East San Marnan Drive is to the northwest of
the site in question and is classified as a Minor Arterial. There are not many
sidewalks in the area, with the nearest sidewalk being located at the
intersection of East San Marnan Drive and Sears Street. No direct access
to the proposed development is shown to Crossroads Boulevard.
The "S-1" Shopping Center District is intended to provide for the
development of shopping centers, which a shopping center can mean a
planned retail and service area often under single ownership management or
control characterized by a concentrated grouping of stores and compatible
Page 54 of 158
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Legal Descriptions:
uses, with various facilities designed to be used in common, such as ingress
and egress roads, parking accommodations, drainage, etc.
The applicant is intending to construct a new 12,080 SF commercial building
that will be divided up into five different units and a 71 stall parking lot,
located adjacent to 2060 Crossroads Boulevard. The applicant has noted
that Suite A will be an 80 seat fast/casual restaurant with a drive-thru, which
requires 27 parking stalls, Suite B will be a 40 seat fast/casual restaurant with
no drive-thru that requires 16 parking stalls and Suites C and D will be retail
and 19 stalls are needed for those uses. The applicant most specifically
mentioned that Suite D will be a furniture store, which would require nine
spaces. Overall between all the uses, there is a need of 62 parking stalls and
the site has 71 parking stalls. Areas used only for mechanical, warehouse,
storage or other similar uses may be excluded when calculating parking
requirements, which could make the required amount of parking stalls
needed go down. At this time, staff does not have a floor plan on how the
building will layout. The proposed building would be on Lot 4 of
Crossroads Plat No. 11, which still needs to go before the City Council for
final approval. In the staff report for Crossroads Plat No. 11, there is still a
surplus of 725 parking stalls for the mall and staff does not have any
concerns with parking in the general area.
The proposed structure shows numerous materials being used on the
outside, which range from a EIF S, brick, metal cornices and decorative wall
lights. The proposed appearance and materials would appear to be
compatible and acceptable with other development within the area.
N/A
N/A
Zoning and Land Use
N/A
This particular area is seeing renewed interest, with three new strip malls
being constructed within as many years.
Lot 4 of Crossroads Plat No. 11, City of Waterloo, Black Hawk County,
Iowa.
Page 55 of 158
REQUEST:
APPLICANT:
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
DEVELOPMENT
HISTORY:
BUFFERS/
SCREENING/
LANDSCAPING
June 6, 2017
Request by Prime RE, LLC for a site plan amendment to the "S-1"
Shopping Center District to allow for the construction of a 12,080
SF commercial building with a 71 -stall parking lot, located just to
the north of 2060 Crossroads Boulevard.
Prime RE, LLC, PO Box 203, Waterloo, IA 50704
The applicant is requesting to construct the new building to be
used as a retail mini -mall near Crossroads Mall.
The request would not appear to have a negative impact on the
surrounding neighborhood or land use. Within the last few years,
three new strip malls have been constructed and have not
negatively impacted the surrounding area. The proposed retail
center would be compatible with other commercial uses in the area.
The request would not appear to have a negative impact on
vehicular or pedestrian traffic movements in the area. The area is
served by Crossroads Boulevard, which is a 4 -lane roadway that is
classified as a Local Street. East San Marnan Drive is to the
northwest of the site in question and is classified as a Minor
Arterial. There are not many sidewalks in the area, with the
nearest sidewalk being located at the intersection of East San
Marnan Drive and Sears Street. No direct access to the proposed
development is shown to Crossroads Boulevard.
There are no recreational trails located within the immediate vicinity
of the site in question and there is a mix or sidewalk throughout the
area. The potential exists for more pedestrian accommodations to
be extended in this area as the surrounding area has seen
considerable growth in single-family and multi -family residential in
the last few years around the Crossroads area.
The area in question is zoned "S-1" Shopping Center District and
has been zoned as such since the adoption of the Zoning
Ordinance in 1969. Surrounding land uses and their zoning
designations are as follows:
North — Existing commercial development, zoned "S-1 Shopping
Center District.
South — Existing commercial development, zoned "S-1 Shopping
Center District.
East — Existing commercial development, zoned "S-1 Shopping
Center District.
West — Existing commercial development, zoned "S-1 Shopping
Center District.
The area is comprised of commercial development that was
constructed from 1969 to 2017.
There is no buffering or screening required as a part of this
request, however, the applicant will need to submit and execute an
approved landscaping plan as part of the of the building permit
6_6_17 SPA S1 - 2060 Crossroad Blvd - 12160 SF bldg
Page 1 of 3 Page 56 of 44
REQUIRED:
DRAINAGE:
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER, ETC.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS —
ZONING
ORDINANCE:
June 6, 2017
process.
If approved, the applicant will need to submit a storm water
drainage and detention plan to the Engineering Department prior to
issuance of any building permits.
No portion of the property is located within a Special Flood Hazard
Area as indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 190025 and Panel
Number 0304F, dated July 18, 2011.
There are no schools located within the nearby vicinity.
There is a 8" sanitary sewer line located along the far side of
Crossroads Boulevard, along with 4" drain tiles located on both
sides of Crossroads Boulevard. There are 12" and 16" water mains
in Crossroads Boulevard and there is a 12" feeder line just to the
east of the site.
The Future Land Use Map designates this area as Commercial.
The proposed site plan amendment would be in conformance with
the Comprehensive Plan and Future Land Use Map for this area.
Commercial uses can include retail uses, neighborhood
commercial uses or professional office uses.
The "S-1" Shopping Center District is intended to provide for the
development of shopping centers, which a shopping center can
mean a planned retail and service area often under single
ownership management or control characterized by a concentrated
grouping of stores and compatible uses, with various facilities
designed to be used in common, such as ingress and egress roads,
parking accommodations, drainage, etc.
The applicant is intending to construct a new 12,080 SF
commercial building that will be divided up into five different units
and a 71 stall parking lot, located adjacent to 2060 Crossroads
Boulevard. The applicant has noted that Suite A will be an 80 seat
fast/casual restaurant with a drive-thru, which requires 27 parking
stalls, Suite B will be a 40 seat fast/casual restaurant with no drive-
thru that requires 16 parking stalls and Suites C and D will be retail
and 19 stalls are needed for those uses. The applicant most
specifically mentioned that Suite D will be a furniture store, which
would require nine spaces. Overall between all the uses, there is a
need of 62 parking stalls and the site has 71 parking stalls. Areas
used only for mechanical, warehouse, storage or other similar uses
may be excluded when calculating parking requirements, which
could make the required amount of parking stalls needed go down.
At this time, staff does not have a floorplan on how the building will
layout. The proposed building would be on Lot 4 of Crossroads
Plat No. 11, which still needs to go before the City Council for final
approval. In the staff report for Crossroads Plat No. 11, there is still
a surplus of 725 parking stalls for the mall and staff does not have
6_6_17 SPA S1 - 2060 Crossroad Blvd - 12160 SF bldg Page 2 of 3 Page 57 of 1$
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
June 6, 2017
any concerns with parking in the general area.
The proposed structure shows numerous materials being used on
the outside, which range from a EIFS, brick, metal cornices and
decorative wall lights. The proposed appearance and materials
would appear to be compatible and acceptable with other
development within the area.
There is no platting required for this request.
STAFF Therefore, staff recommends that the request for a site plan
RECOMMENDATION: amendment in the "S-1" Shopping Center District be approved, for
the following reasons:
1. The request would appear to be compatible with the
surrounding area, which is comprised of commercial and
professional office development.
2. The request would not appear to have a negative impact upon
the surrounding area.
3. The request would not appear to have a negative impact upon
vehicular and pedestrian traffic in the area.
Subject to the following condition:
1. That the final site plan meets all applicable city codes,
including but not limited to, parking, landscaping, drainage,
etc., except as specifically altered by approval of the site plan
amendment.
6_6_17 SPA S1 - 2060 Crossroad Blvd - 12160 SF bldg
Page 3 of 3 Page 58 of 16
City of Waterloo Planning, Programming and Zoning Commission
June 6, 2017
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"S -i" Site Plan Amendment
Prime RE, LLC
Page 59 of is?
City of Waterloo Planning, Programming and Zoning Commission
June 6, 2017
Proposed Location of
New Retail Center
Crossroads Boulevard
"S -i" Site Plan Amendment
Prime RE, LLC
/+
Page 60 of 1g
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APPLICATION SITE PLAN AMENDMENT TO A "R -P",
"M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT
CITY OF WATERLOO PLANNING, PROGRAMMING, AND
ZONING COMMISSION, WATERLOO, IOWA
319.291 4366
New or Overall Amendment
Individual Building
Minor change _ (check one) (Minor Change muss be approved by staff)
1. APPLICATION INFORMATION:
a. Applicant's name (please print): 7 Yid 2 (�t{
Address:_PD , O Phone: j tax
City: ( State: _...i Zip: 5 7Oi
b, Status of applicant: (a) Owner._.___ (b) Other yi (CHECK ONE): If other explain:
c. Property vner's €tr €uc if different th n above (please pr-' :,
rsSSEj__
Address:s`1r�•'De-'11(1.0,4-)\) 12_0( , Phone: SL�'7 ' C 7 (Q Fax:
City:—[1�t'./[� %C.kJ_............_State: / Zip: [Jo j
2. PROPERTY INFORMATION:
a. General location of site plan to be amended:
C OSS.Y.ac._ldDe/ __10L
b, Legal description of property or portion to be amended:
acr.es lot {-1 • ixwakieci ploet
c. Dimensions of proposed site plan amendment: J. $ ez s_.__
d. Area of proposed site plan amendment: / • C C ...K.0cY
e. Current zoning: ,c-
f. Reason(s) for site plan amendment and proposed use(s) of property: C'pn 6.(C
,Lar Poo CF S-74rip rrict
Conditions (if any) agreed to (does not affect existing conditions unless specified):
g.
h. Other pertinent information (use reverse side if necessary):
Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent
to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process
(separate from site plan amendment request),
The filing fee of $200 (for new or overall amendment), $100 (for individual [3uilding), or $Q (for minor change) (payable
to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof
be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will
require that the request go back through the process, with a new filing fee. If the request is denied no new petition
covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and
Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The
undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along
with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning
Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning
Officials to enter property in question in regards to the request. ,
Signature of Applicant Date Signature. Owner
Date
Page 65 of 1g
Site Plan Amendment Request — Adjacent to 2060 Crossroads Boulevard
Looking southeast towards the area where
the new strip mall would be constructed.
Looking at existing commercial
development across the street from the site
in question.
Looking at existing commercial
development that is located across the
street at the intersection of Crossroads
Boulevard and Sears Street.
Looking southwest towards Crossroads
Mall.
Page 66 of 124
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as June 26, 2017 to approve a lease agreement with TowerCo 2013,
LLC to place a 190 foot tall monopole cellular tower and related equipment on excess right-of-way located
near the intersection of West Conger Street and River Road, just east of 310 West Conger Street, and leasing
the site for a period of five (5) years with the option to renew for up to 19 additional five (5) year terms, for
$800 per month.
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 6/7/2017 - 11:05 AM
Clerk Office Higby, Nancy Approved 6/7/2017 - 11:18 AM
ATTACHMENTS:
Description Type
D Applicant letter, legal, and survey Backup Material
D Site Plan and Side View Backup Material
D Lease Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Resolution setting date of public hearing as June 26, 2017 to approve a lease
agreement with TowerCo 2013, LLC to place a 190 foot tall monopole
cellular tower and related equipment on excess right-of-way located near the
intersection of West Conger Street and River Road, just east of 310 West
Conger Street, and leasing the site for a period of five (5) years with the
option to renew for up to 19 additional five (5) year terms, for $800 per
month.
Submitted By: Aric Schroeder, City Planner
Approval
TowerCo is requesting to lease space from the City of Waterloo to construct
a 190' tall cellular tower. The proposed tower would be located in excess
right-of-way located near the intersection of West Conger Street and River
Road, located just east of 310 West Conger Street (the Electric Park
Ballroom). TowerCo already owns and operates a tower in this vicinity at
272 Ansborough Aveneue on the Cattle Congress grounds. The company is
looking to relocate that tower to the location in question.
None
N/A
Lease
Page 67 of 158
Legal Descriptions: See attached.
Page 68 of 158
ilcir°Revco If r�reless
Marketing
Group
9SRVIND THE WIRELESS INDUSTRY 5INDS 1965
Chad M. Skinner
12106 Ridgeview Drive
Urbandale, Iowa 50323
City of Waterloo Community Planning and Development
Attn: Aric Schroeder, City Planner
715 Mulberry Street
Waterloo, Iowa 50703
June 6, 2017
RE: TowerCo Cell Site Lease Agreement
Dear Aric:
Thank you for your time and assistance to date regarding a proposal to place a cellular
tower site in right-of-way owned by the City of Waterloo. Per our discussions, my client
TowerCO already has a tower facility nearby on ground owned by the Cattle Congress.
Due to ownership concerns on the property, TowerCo would like to be in a position to
relocate the existing facility and the two tenants on the tower. To that end, please
consider this a formal request to have the lease agreement placed on the next available
City Council agenda.
It is my understanding that you need a current lease exhibit and legal descriptions.
Please find both of those items attached to this letter. Should you need any additional
information please let me know. Per our discussions, should the City be willing to enter
into the lease agreement, I will work with your offices to file for the Special Use Permit.
Regards,
Chad M. Skinner
515-720-6361
ENCLOSURES
Page 69 of 158
PROPOSED LEASE AREA DESCRIPTION:
That part of Lots 16 and 17 and vacated Ernest Street and David Street, DAVID
ADDITION, according to the recorded plat thereof, Black Hawk County, Iowa, described
as follows:
Commencing at the southwest corner of the Northwest Quarter of Section 22, Township
89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County;
thence North 89 degrees 12 minutes 09 seconds East along the South line of said
Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51
seconds West, a distance of 1564.55 feet to the Point of Beginning of the lease area to
be described; thence North 81 degrees 45 minutes 13 seconds East, a distance of
75.00 feet; thence North 8 degrees 14 minutes 47 seconds West, a distance of 10.00
feet; thence northwesterly, a distance of 65.16 feet along a non-tangential curve
concave to the northeast, having a radius of 133.40 feet and a central angle of 27
degrees 59 minutes 08 seconds, the chord of said curve bears North 62 degrees 29
minutes 05 seconds West; thence North 86 degrees 27 minutes 26 seconds West not
tangent to the last described curve, a distance of 12.43 feet; thence South 3 degrees 32
minutes 34 seconds West, a distance of 51.33 feet to the Point of Beginning.
PROPOSED ACCESS AND UTILITY EASEMENT DESCRIPTION:
An easement for ingress, egress and utility purposes over, under and across Lots 16
and 17 and vacated Ernest Street and David Street, DAVID ADDITION, according to the
recorded plat thereof, Black Hawk County, Iowa, described as follows:
Commencing at the southwest corner of the Northwest Quarter of Section 22, Township
89 North, Range 13 West of the Fifth Principal Meridian, said Black Hawk County;
thence North 89 degrees 12 minutes 09 seconds East along the South line of said
Northwest Quarter, a distance of 2306.30 feet; thence North 0 degrees 47 minutes 51
seconds West, a distance of 1564.55 feet to the Point of Beginning of the easement to
be described; thence North 81 degrees 45 minutes 13 seconds East, a distance of
75.00 feet; thence South 8 degrees 14 minutes 47 seconds East, a distance of 20.00
feet; thence South 81 degrees 45 minutes 13 seconds West, a distance of 22.50 feet;
thence South 36 degrees 45 minutes 13 seconds West, a distance of 7.07 feet; thence
South 8 degrees 14 minutes 47 seconds East, a distance of 4.10 feet; thence South 35
degrees 18 minutes 20 seconds East, a distance of 10.98 feet; thence South 78
degrees 52 minutes 42 seconds West, a distance of 30.03 feet; thence North 17
degrees 57 minutes 12 seconds East, a distance of 11.32 feet; thence North 8 degrees
14 minutes 47 seconds West, a distance of 5.23 feet; thence North 53 degrees 14
minutes 47 seconds West, a distance of 7.07 feet; thence South 81 degrees 45 minutes
13 seconds West, a distance of 22.50 feet; thence North 8 degrees 14 minutes 47
seconds West, a distance of 20.00 feet to the Point of Beginning.
Page 70 of 158
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GROUND LEASE AGREEMENT
THIS GROUND LEASE AGREEMENT ("Lease") is effective as of the latter of the
signature dates below ("Effective Date") by and between The City of Waterloo, Iowa ("Lessor")
and TOWERCO 2013 LLC, a Delaware limited liability company ("Lessee").
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Premises. Lessor is the owner of certain real property located in the City of Waterloo,
County of Black Hawk, State of Iowa (the "Parent Parcel"), as more particularly described in
Exhibit "A" annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor
approximately two -thousand (2,000) square feet of the Parent Parcel and all access and utility
easements if any, (the "Premises") as described in Exhibit "B" annexed hereto.
2. Use. The Premises may be used by Lessee and Lessee's tenants and licensees for the
transmission and receipt of wireless communication signals in any and all FCC Licensed
frequencies, the construction, maintenance, operation, subleasing and licensing of towers,
antennas, and buildings, and related facilities and activities, and for any other uses which are
incidental thereto ("Intended Use"). Lessee and its sublessees and licensees shall have access to
the Premises twenty-four (24) hours a day, seven (7) days a week. Lessor agrees to cooperate
with Lessee in obtaining, at Lessee's expense, all licenses and permits required for Lessee's use
of the Premises (the "Governmental Approvals"). Lessor further agrees to cooperate with Lessee
in executing and delivering any documents requested by Lessee to obtain Governmental
Approvals necessary for its Intended Use. In the event that Lessee's Intended Use of the
Premises is actually or constructively prohibited then, in addition to any other remedies available
to Lessee, Lessee shall have the option to terminate this Lease with notice to Lessor.
3. Term. The term of this Lease shall be five (5) years commencing on the date Lessee
begins commercial operation of the Improvements (as defined in Paragraph 6(a)) or the third
anniversary of the Effective Date, whichever first occurs ("Commencement Date") and
terminating on the fifth (5th) anniversary of the Commencement Date (the "Term") unless
otherwise provided in Paragraph 9.
4. Renewal Terms. Lessee shall have the right to extend this Lease for nineteen (19)
additional five (5) year terms ("Renewal Terms"). Each Renewal Term shall be on the same
terms and conditions as set forth in this Lease except that Rent shall increase as provided in
paragraph 5. This Lease shall automatically be renewed for each successive Renewal Term
unless Lessee notifies Lessor in writing of Lessee's intention not to renew the Lease at least
thirty (30) days prior to the expiration of the Term or the Renewal Term which is then in effect.
5. Consideration. During the Term, Lessee shall pay Lessor the monthly sum of EIGHT
HUNDRED DOLLARS ($800.00) ("Rent"). Rent shall be payable on the first day of each
month in advance to Lessor at Lessor's address as specified in paragraph 18 below. Rent shall be
increased on the commencement of each Renewal Term by ten percent (10%) over the Rent
payable during the immediately preceding term. If this Lease is terminated at a time other than
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on the anniversary of the Commencement Date, Rent shall be prorated as of the date of
termination and that portion of prorated Rent allocable to the period following the effective date
of termination, that may have been paid in advance of the termination date, shall be refunded to
Lessee.
As further consideration for Lessor to enter into this Lease, Lessee shall pay to Lessor within ten
(10) days of the Effective Date of this Lease, a one-time signing bonus of Five Hundred
DOLLARS ($500).
6. Improvements; Utilities; Access.
(a) Lessee shall have the right, at Lessee's sole cost and expense, to erect and
maintain on the Premises improvements, personal property and facilities necessary or desired for
its Intended Use (collectively the "Improvements"). The Improvements shall remain the
exclusive property of the Lessee throughout the term and after the termination of this Lease.
Lessee may construct, alter, demolish, reconstruct, restore, replace, supplement, modify and
reconfigure the Improvements at any time during the Term or any Renewal Term of this Lease.
Lessee shall remove, at Lessee's sole cost and expense, all of the Improvements not later than
one hundred eighty (180) days following any termination of this Lease, leaving the Premises in
graded condition. Lessor grants Lessee the right to clear all trees, undergrowth, or other
obstructions and to trim, cut, and keep trimmed and cut all tree limbs which may interfere with
or fall upon the Improvements or Premises. Lessor grants Lessee a non-exclusive easement in,
over, across and through other real property owned by Lessor as reasonably required for
construction, installation, maintenance, and operation of the Improvements. In the event that a
guyed tower is constructed on the Premises, Lessor also grants Lessee an easement in, over,
across and through Lessor's real property during the Term and any Renewal Term of this Lease
for the installation and maintenance of and reasonable access to the guy wires and guy wire
anchors.
(b) Lessee shall have the right to install power, telecommunications, cables,
conduit, and any other utilities, including cabinets, vaults and improvements directly related to
such utilities, on the Premises, at Lessee's expense, and to improve present utilities on the
Premises (including but not limited to the installation of emergency power generators). Lessee
shall have the right to permanently place utilities on (or to bring utilities across or under) the
Premises and the Improvements. In the event that utilities necessary to serve the equipment of
Lessee or the equipment of Lessee's licensee(s) or sublessee(s) cannot be located within the
Premises, Lessor agrees to cooperate with Lessee and to act reasonably in allowing the location
of utilities on the Parent Parcel or other real property owned by Lessor without requiring
additional compensation from Lessee or Lessee's licensee(s) or sublessee(s). Lessor shall, upon
Lessee's request, execute within fifteen (15) days a separate written easement to the utility
company providing the service or Lessee in a form which may be filed of record evidencing this
right.
(c) Lessor grants to Lessee, its officers, agents, employees, sublessees,
licensees and their independent contractors, the right and privilege to enter upon the Premises
and the Parent Tract, to perform or cause to be performed test borings of the soil, environmental
audits, engineering studies and to conduct a survey of the Premises and all or part of the Parent
Tract. Lessor grants Lessee and its sublessees and licensees a license to use such portion of
Lessor's property contiguous to the Premises on a temporary basis as reasonably required during
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the Term or any Renewal Term of this Lease for the construction, installation, maintenance or
removal of the Improvements, including access for construction machinery and equipment,
storage of construction materials and equipment and staging areas. Following any such use,
Lessee agrees to restore the condition of the Lessor's property contiguous to the Premises.
(d) Lessor represents and warrants to Lessee that Lessee shall at all times
during this Lease enjoy ingress, egress and access from the Premises twenty-four (24) hours a
day, seven (7) days a week to an open and improved public road which presently exists and
which shall be adequate to service the Premises and the Improvements. If no such public road
exists or ceases to exist in the future, Lessor will grant an exclusive easement to Lessee, Lessee's
sublessees and assigns so that Lessee may, at its own expense, construct a suitable private access
drive to the Premises and the Improvements. To the degree such access is across other property
owned by Lessor, Lessor shall execute an easement (the "Easement") within fifteen (15) days of
evidencing this right and Lessor shall maintain access to the Easement in a free and open
condition so that no interference is caused to Lessee by other lessees, licensees, invitees or
agents of the Lessor which may utilize the Easement.
7. Lessor's Representations and Warranties. As an inducement for Lessee to enter into and
be bound by the terms of this Lease, Lessor represents and warrants to Lessee and Lessee's
successors and assigns that Lessor (i) has good and marketable title to the Premises or has the
right to acquire same by the exercise of eminent domain power, (ii) has the authority to enter into
and be bound by the terms of this Lease, (iii) to the best of Lessor's knowledge, there are no
pending or threatened lawsuits, administrative actions (including bankruptcy or insolvency
proceedings), suits, claims or causes of action against Lessor or which may otherwise affect the
Premises, and (iv) the Premises are not presently subject to an option, lease, agreement or other
contract which may adversely affect Lessor's ability to fulfill its obligations under this Lease.
Lessor covenants and agrees that it shall not grant an option or enter into any contract which will
adversely affect Lessee's Intended Use (as defined in paragraph 2 above) of the Premises until
this Lease expires or is terminated by Lessee. The representations and warranties of Lessor shall
survive the termination or expiration of the term of this Lease.
8. Termination. Except as otherwise provided herein, this Lease may be terminated,
without any penalty or further liability upon written notice as follows:
(a) By either party upon a default of any covenant or term hereof by the other
party which default is not cured within sixty (60) days of receipt of written notice of default
(without, however, limiting any other rights available to the parties pursuant to any other
provisions hereof); provided, that if the defaulting party commences good faith efforts to cure the
default within such period the cure period may be extended upon mutual agreement, in writing,
of the parties hereto;
(b) Upon thirty (30) days' written notice by Lessee to Lessor if (i) Lessee is
unable to obtain or maintain any license, permit or other Governmental Approval necessary for
the construction and operation of the Improvements or Lessee's business or (ii) Lessee's
Intended Use of the Premises is actually or constructively interfered with; or
(c) By Lessee for any reason upon written notice from Lessee to Lessor.
9. Subleases. Lessee at its sole discretion shall have the right, without the consent of or
notice to Lessor, to license, sublease or otherwise allow the occupancy of all or a portion of the
Premises and the Improvements for the Intended Use and for no other purpose or use. Lessee's
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licensee(s) and sublessee(s) shall be entitled, subject to approval processes or limitations set forth
in applicable law or ordinance, to modify the tower and Improvements, and erect and install
additional improvements and personal property on the Premises and Improvements, including
but not limited to antennas, dishes, cabling, utilities, emergency or back up power, generators,
and equipment shelters. Lessee's licensee(s) and sublessee(s) shall be entitled to all rights of
ingress and egress to the Premises, the right to install utilities on the Premises and the right to use
the Premises for the Intended Use as if said licensee or sublessee were the Lessee under this
Lease.
10. Taxes. Because Lessor is a government entity, the Premises is currently tax exempt.
Lessee shall pay any personal property taxes assessed on the Improvements and any real property
taxes assessed as a result of the Improvements. Lessor shall pay when due all property taxes and
all other fees and assessments attributable to the Premises. In the event that Lessor fails to pay
when due any taxes affecting the Premises or the Easement, Lessee shall have the right but not
the obligation to pay such taxes and deduct the full amount of the taxes paid by Lessee on
Lessor's behalf from future payments of Rent. Lessor agrees to provide to Lessee a copy of any
notice, assessment or billing relating to any real or personal property taxes for which Lessee is
responsible under this Lease within thirty (30) days of receipt of same by Lessor. Lessee shall
have no obligation to make payment of any real or personal property taxes until Lessee has
received notice, assessment or billing relating to such payment in accordance herewith. Lessee
shall have the right, at its sole option, and at its sole cost and expense, to appeal, challenge or
seek modification of any real or personal property tax assessment or billing for which Lessee is
wholly or partly responsible for payment under this Lease. Lessor shall reasonably cooperate
with Lessee in filing, prosecuting and perfecting any appeal or challenge to real or personal
property taxes as set forth herein, including but not limited to executing consent to appeal or
other similar document. In the event that Lessee fails to pay when due any taxes affecting the
Premises, Lessor shall have the right but not the obligation to pay such taxes and to invoice same
to Lessee. Any such sum invoiced by Lessor to Lessee shall, if not paid within thirty (30) days,
accrue interest at the rate of 12% per annum, compounded monthly, until paid in full.
11. Damage or Destruction. If the Premises or the Improvements are destroyed or damaged
so as to hinder the effective use of the Improvements in Lessee's judgment, Lessee may elect to
terminate this Lease as of the date of the damage or destruction by so notifying the Lessor.
12. Condemnation. If a condemning authority takes all of the Premises, or a portion
sufficient in Lessee's determination, to render the Premises in the opinion of Lessee unsuitable
for the use which Lessee was then making of the Premises, this Lease shall terminate the earlier
of (i) the date title vests in the condemning authority or (ii) the date the condemning authority
takes possession of the Premises or a portion of it. Lessor and Lessee shall share in the
condemnation proceeds in proportion to the values of their respective interests in the Premises
(which for Lessee shall include, where applicable, the value of its Improvements, moving
expenses, prepaid rent, lost business, goodwill, and business relocation expenses). A sale of all
or part of the Premises to a purchaser with the power of eminent domain in the face of the
exercise of eminent domain power shall be treated as a taking by condemnation for the purposes
of this paragraph. Except as provided in this paragraph, generally applicable condemnation law
will apply in the event of a condemnation.
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13. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the
Premises and on the Improvements, bodily injury and property damage insurance with a
combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per
occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its
licensee(s), sublessee(s), or the employees and agents of any of them, arising out of or in
connection with use of the Premises and Improvements by Lessee, its licensee(s), sublessee(s), or
the employees or agents of any of them. At each tenth (10th) anniversary of the Effective Date,
the parties will review the coverage limits provided herein and make such adjustment thereto as
may be appropriate due to changing economic or risk management factors.
14. Interference. Lessor shall not, nor shall Lessor permit its lessees, licensees, invitees or
agents, to use any portion of the Parent Parcel or adjacent real property owned or controlled by
Lessor in any way which interferes with Lessee's Intended Use of the Premises. Such
interference shall be deemed a material breach of this Lease by Lessor and Lessor shall have the
responsibility to immediately terminate such interference. In the event such interference is not
immediately rectified, Lessor acknowledges that continuing interference will cause irreparable
injury to Lessee, and Lessee shall have the right, in addition to any other rights that it may have
at law or in equity, to bring an action to enjoin such interference or to terminate this Lease with
notice to Lessor.
15. Environmental Compliance. Lessor represents, warrants and agrees (1) that neither
Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or
permitted the use, generation, storage or disposal of, any contaminants, oils, asbestos, PCBs,
hazardous substances or wastes as defined by federal, state or local environmental laws,
regulations or administrative orders or other materials the removal of which is required or the
maintenance of which is prohibited, regulated or penalized by any federal, state or local
government authority ("Hazardous Materials") on, under, about or within the Parent Parcel
and/or Easement in violation of any law or regulation, and (2) that Lessor will not, and will not
permit any third party to use, generate, store or dispose of any Hazardous Materials on, under,
about or within the Parent Parcel and/or Easement in violation of any law or regulation. Lessee
agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about
or within the Premises in violation of any law or regulation. This Lease shall at the option of
Lessee terminate and be of no further force or effect if Hazardous Materials are discovered to
exist on the Parent Parcel and/or Easement through no fault of Lessee after Lessee takes
possession of the Premises and Lessee shall be entitled to a refund of all the consideration paid in
advance to Lessor under this Lease.
16. Environmental Indemnities.
(a) Lessor, its heirs, grantees, successors, and assigns shall indemnify, defend,
reimburse and hold harmless Lessee from and against any and all environmental damages arising
from the presence of Hazardous Materials upon, about or beneath the Parent Parcel and/or
Easement, or migrating to or from the Parent Parcel and/or Easement, or arising in any manner
whatsoever out of the violation of any environmental requirements pertaining to the Parent
Parcel and/or Easement and any activities thereon, which conditions exist or existed prior to or at
the time of the execution of this Lease or which may occur at any time in the future due to the
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negligence or willful misconduct of Lessor, its heirs, grantees, successors, and assigns, and
through no fault of Lessee.
(b) Lessee, its heirs, grantees, successors, and assigns shall indemnify, defend,
reimburse and hold harmless Lessor from and against environmental damages caused by the
presence of Hazardous Materials on the Premises arising solely as the result of the activities of
Lessee, its licensee(s) or sublessee(s), or the employees or agents of any of them, after the
execution of this Lease.
(c) The duties and indemnifications in this paragraph shall survive expiration
or earlier termination of this Lease.
17. Notices. All notices, requests, demands and other communications hereunder shall be in
writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt
requested, or via a nationally recognized overnight delivery service to the following addresses or
to such other addresses as may be specified in writing at any time during the term of this Lease:
If to Lessor, to:
City of Waterloo, Iowa
715 Mulberry Street
Waterloo, Iowa 50703
Attention: Planning Department
Phone: (319) 291-4366
If to Lessee, to:
TowerCo 2013 LLC
5000 Valleystone Drive
Cary, North Carolina 27519
Attn: Property Management
Site ID #:
18. Quiet Enjoyment. Lessor warrants and represents that (i) it has the full right, power, and
authority to execute this Lease; and (ii) the Premises constitutes an area that may be leased
without the need for any subdivision or platting approval. Lessor covenants that it shall comply
with all applicable laws, regulations and requirements related to the Premises and that Lessee
shall have the quiet enjoyment of the Premises during the term of this Lease. Should Lessee's
use of the Premises become compromised due to any breach of the warranty and covenants
contained in this paragraph, Lessor acknowledges that Lessee shall be substantially harmed and
Lessee will seek to recover from Lessor any damages Lessee may sustain.
19. Occurrence of Lessor Default. The covenants, representations and conditions in this
Lease are mutual and dependent. Upon the occurrence of any breach or nonperformance of any
representation, warranty, covenant, agreement or undertaking made by Lessor in this Lease
("Default"), Lessee shall have the option to pursue any one or more of the following remedies,
subject to such notice requirements as may be prescribed elsewhere in this Lease: (a) Lessee,
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may, at its sole election, terminate the Lease; (b) Lessee, may, without being obligated and
without waiving the Default, cure the Default, whereupon Lessor shall pay to Lessee, upon
demand, all costs expenses, and disbursements incurred by Lessee to cure the Default. Lessee
shall be permitted to offset said costs, expenses and disbursements incurred by Lessee against
Rent or any other amounts due or becoming due by Lessee to Lessor under this Lease; or (c)
Lessee shall be entitled to pursue any and all other rights or remedies available at law or equity,
including specific performance of this Lease, with respect to Lessor's default.
20. Assignment. Upon written notice to Lessee, Lessor is permitted to transfer this Lease
only in connection with the sale of the Parent Parcel and only on the following conditions: (a) the
acquiring party must and will assume in writing all of the rights and obligations of Lessor under
this Lease on and after the date of purchase of the Parent Parcel and (b) Lessor must retain no
rights or obligations under the Lease after the date of sale of the Parent Parcel (a "Lessor
Permitted Assignment"). Other than a Lessor Permitted Assignment, Lessor is prohibited from
assigning, selling or otherwise transferring the Lease in whole or in part and Lessor is prohibited
from granting any third party an easement or other real property interest in the Premises. Lessee
may assign this Lease without the consent of or notice to Lessor. From and after the date this
Lease has been sold, assigned or transferred by Lessee to a third party agreeing to be subject to
the terms hereof, Lessee shall immediately be released from any and all liability under this
Lease, including the payment of any rental or other sums due, without any further action.
Additionally, Lessee may mortgage or grant a security interest in this Lease and the
Improvements, and may assign this Lease and the Improvements to any such mortgagees or
holders of security interests including their successors and assigns (hereinafter collectively
referred to as "Secured Parties"). If requested, Lessor shall execute such consent to leasehold
financing as may reasonably be required by Secured Parties. Lessor agrees to notify Lessee of
any default by Lessee so that Lessee may notify its Secured Parties and afford to them the same
right to cure any default as Lessee except that the cure period for any Secured Party shall not be
less than an additional ten (10) days after the Lessee cure period expires. If a termination,
disaffirmance or rejection of the Lease pursuant to any laws (including any bankruptcy or
insolvency laws) by Lessee shall occur, or if Lessor shall terminate this Lease for any reason, the
Secured Parties will have the right to enter upon the Premises during a forty-five (45) day period
following Lessor's notice to Lessee, for the purpose of removing any Improvements. Lessor
acknowledges that the Secured Parties shall be third -party beneficiaries of this Lease.
21. Successors and Assigns. This Lease shall run with the Premises and shall be binding
upon and inure to the benefit of the parties, their respective heirs, successors, personal
representatives and assigns.
22. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it may have,
statutory or otherwise, in and to the Improvements or any portion thereof, regardless of whether
or not same is deemed real or personal property under applicable laws.
23. Waiver of Incidental and Consequential Damages. Lessor will not assert any claim
whatsoever against Lessee for loss of anticipatory profits or any other indirect, special, incidental
or consequential damages incurred by Lessor as a result of the construction, maintenance,
operation or use of the Premises by Lessee or its agents, licensees or sublessees.
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24. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all
claims (including reasonable attorneys' fees, costs and expenses of defending against such
claims) arising from the negligence or willful misconduct of Lessee, its licensee(s) or
sublessee(s), or the agents or employees of any of them, in or about the Premises. To the extent
permitted by applicable law, Lessor shall indemnify and hold Lessee harmless from all claims
(including reasonable attorneys' fees, costs and expenses of defending against such claims)
arising from the negligence or willful misconduct of Lessor or Lessor's agents, employees,
lessees, invitees, contractors or other tenants occurring in or about the Parent Parcel. The duties
described herein survive termination of this Lease.
25. Right of First Refusal; Sale of the Premises. If Lessor elects (i) to sell or otherwise
transfer to a third party all or any portion of the Premises, whether separately or as part of a
larger parcel of which the Premises is a part, or (ii) to grant to a third party by easement, or other
legal instrument, an interest in and to any portion of the Premises for any purpose relating to
operating and maintaining communications facilities or the management thereof, with or without
an assignment of this agreement to such third party (including but not limited to assignments of
rental streams associated with this agreement), Lessee shall have the right of first refusal to meet
any bona fide offer of sale, assignment, or any other transfer on the same terms and conditions as
such offer. Lessor shall immediately provide the Lessee with a copy of the bona fide offer
together with a notice describing Lessee's right of first refusal. If Lessee fails to accept such
bond fide offer within thirty (30) days after receipt of the foregoing, Lessor may sell or grant the
easement or interest in the Premises in accordance with the terms of such bona fide offer.
26. Miscellaneous.
(a) The prevailing party in any litigation arising hereunder shall be entitled to
its reasonable attorney's fees and court costs, including appeals, if any.
(b) Each party agrees to furnish to the other, within ten (10) days after written
request, such truthful estoppel information as the other may reasonably request.
(c) This Lease constitutes the entire agreement and understanding of the
parties with respect to the subject matter of this Lease, and supersedes all offers, negotiations and
other agreements. There are no representations or understandings of any kind not set forth
herein. Any amendments to said Lease must be in writing and executed by the parties.
(d) If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fees due such broker and shall hold the other party
harmless from any claims for commission by such broker.
(e) Lessor agrees to cooperate with Lessee in executing any documents
necessary to protect Lessee's rights under this Lease or Lessee's use of the Premises, including
but not limited to affidavits relating to title curative measures and subordination and non-
disturbance agreements and to take any further action which Lessee may reasonably require as to
effect the intent of this Lease.
(f) This Lease shall be construed in accordance with the laws of the state in
which the Premises is situated.
(g) If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
8
TowerCo Site Name
TowerCo Site Number
Page 83 of 158
(h) Upon request of Lessee, Lessor shall promptly execute and deliver to
Lessee such documents as Lessee requests to evidence Lessee's rights in the Premises, including
a memorandum of option and a memorandum of lease and/or amendments thereto. Lessee may
file such documents of record in the property records in the county in which the Premises are
located.
(i) Lessee may obtain title insurance on its interest in the Premises and
Easement, and Lessor shall cooperate by executing documentation required by the title insurance
company. In the event the Premises is encumbered by a mortgage or deed of trust, Lessor agrees
to obtain and furnish, within thirty (30) days written request by Lessee, a non -disturbance
agreement to the effect that Lessee and Lessee's sublessees or licensees will not be disturbed in
the occupancy of the Premises by any foreclosure; provided that the rights and interests of
Lessee under this Lease shall be subject and subordinate to such mortgage or deed of trust.
(j) Lessor hereby irrevocably appoints Lessee or Lessee's agent as Lessor's
agent to file applications on behalf of Lessor with federal, state and local governmental
authorities which applications relate to Lessee's Intended Use of the Premises including but not
limited to land use and zoning applications.
(k) This Lease may be executed in two or more counterparts, all of which
shall be considered one and the same agreement and shall become effective when one or more
counterparts have been signed by each of the parties, it being understood that all parties need not
sign the same counterpart and that scanned or electronically reproduced copies of this Lease shall
have the same force and effect as originals.
(1) Lessor will not, during the term of this Lease together with any extensions
thereof, enter into any other lease, license, or other agreement for a similar purpose as set forth
herein, on or adjacent to the Premises.
(m) In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Lease, such party shall not unreasonably condition,
delay or withhold its approval or consent. Any approval or consent that the City, its boards,
commissions or officials, is requested to give in its capacity as a government entity applying its
generally applicable regulations is hereby exempted from the foregoing covenant, provided that
Lessee shall be treated on a substantially neutral and non-discriminatory basis as compared to
other applicants for such approval or consent.
[SIGNATURES BEGIN ON NEXT PAGE]
9
TowerCo Site Name
TowerCo Site Number
Page 84 of 158
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease as of the date
affixed to their signatures below.
LESSOR/LESSOR:
City of Waterloo, Iowa
By:
Name:
Title:
Date:
State of
County of
Before me, the undersigned, a Notary Public for the State,
personally appeared , who is the of
, a , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his/her authorized
capacity, and that by his/her signature on the instrument, the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal, this day of 20.
Signature
NOTARY SEAL
My commission expires:
10
TowerCo Site Name
TowerCo Site Number
Page 85 of 158
LESSEE/LESSEE:
TOWERCO 2013 LLC
By:
Name:
Title:
Date:
State of
County of
Before me, the undersigned, a Notary Public for the State,
personally appeared who is the of TowerCo
2013 LLC, a Delaware limited liability company, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument, the entity upon
behalf of which he acted, executed the instrument.
WITNESS my hand and official seal, this day of 20.
NOTARY SEAL
Signature
My commission expires:
11
TowerCo Site Name
TowerCo Site Number
Page 86 of 158
EXHIBIT "A"
DESCRIPTION OF PARENT PARCEL
The Parent Parcel is described and/or depicted as follows:
12
TowerCo Site Name
TowerCo Site Number
Page 87 of 158
An approximately
EXHIBIT "B"
DESCRIPTION OR DEPICTION OF PREMISES
' x ' tract of land, together with easements for ingress, egress
and utilities described or depicted as follows:
Note: At Lessee's option, Lessee may replace this Exhibit with an exhibit setting forth the legal
description of the Premises, or an as -built drawing depicting the site. Any visual or textual
representation of the Improvements and facilities is illustrative only, and does not limit the rights
of Lessee as provided for in the Lease. Without limiting the generality of the foregoing:
1. The Premises may be setback from the boundaries of Lessor's property as required by the
applicable governmental authorities.
2. The access road's width may be modified as required by governmental authorities, including
police and fire departments.
3. The locations of any access and utility easements are illustrative only. Actual locations may
be determined by Lessee and/or the servicing utility company in compliance with local laws
and regulations.
13
TowerCo Site Name
TowerCo Site Number
Page 88 of 158
Prepared by: Clerk: After recording
return to:
TowerCo
5000 Valleystone Drive
Cary, North Carolina 27519
STATE OF
COUNTY OF
(Recorder's Use Above this Line)
MEMORANDUM OF LEASE
This Memorandum of Lease is entered into on this day of , 20 ,
by and between City of Waterloo, Iowa, having a mailing address of 715 Mulberry Street,
Waterloo, Iowa 50703 (hereinafter referred to as "Lessor") and TOWERCO 2013 LLC, a
Delaware limited liability company having a mailing address of 5000 Valleystone Drive, Cary,
North Carolina, 27519 (hereinafter referred to as "Lessee").
1. Lessor and Lessee entered into that certain Ground Lease dated the day of
, 20 (the "Lease") for certain real property and easements as described in
Exhibit B attached hereto (collectively, the "Premises"), which are a portion of that certain
parcel of real property located in Waterloo, County of Black Hawk, State of Iowa, described in
Exhibit A attached hereto (the "Land").
2. The Lease shall have an initial term of five (5) years, with nineteen (19) additional five
(5) year renewal terms.
3. The purpose of this Memorandum is to give record notice of the Lease and of the rights
created thereby, all of which are hereby confirmed. In the event of a conflict between the terms
of this Memorandum or the addition of any terms in this Memorandum which are not contained
in the Lease, the Lease shall control. The terms of the Lease are hereby incorporated by
reference.
4. Upon written notice to Lessee, Lessor is permitted to transfer the Lease only in
connection with the sale of the Land and only on the following conditions: (a) the acquiring party
must and will assume in writing all of the rights and obligations of Lessor under this Lease on
and after the date of purchase of the Land and (b) Lessor must retain no rights or obligations
under the Lease after the date of sale of the Land (a "Lessor Permitted Assignment"). Other than
a Lessor Permitted Assignment, Lessor is prohibited from assigning, selling or otherwise
transferring the Lease in whole or in part and Lessor is prohibited from granting any third party
an easement or other real property interest in the Premises.
5. Pursuant to the Lease, Lessee has a right of first refusal to meet any bona fide offers for
(i) any sale or transfers of the Land, and any (ii) grant from Lessor to a third party by easement
14
TowerCo Site Name
TowerCo Site Number
Page 89 of 158
or other legal instrument of an interest in and to any portion of the Land, the Premises or the
Lease for any purpose relating to operating and maintaining communications facilities or the
management thereof, with or without an assignment of the Lease to such third party, including
but not limited to assignments of any right to the rent or rental stream associated with the Lease.
IN WITNESS WHEREOF, the parties have executed this Memorandum under seal as of the
dates set forth in the respective acknowledgements.
LESSOR:
CITY OF WATERLOO, IOWA
By:
Name:
Title:
Date:
State of
County of
Before me, the undersigned, a Notary Public for the State,
personally appeared , who is the of
, a , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his/her authorized
capacity, and that by his/her signature on the instrument, the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal, this day of , 20 .
Signature
NOTARY SEAL
My commission expires:
15
TowerCo Site Name
TowerCo Site Number
Page 90 of 158
LESSEE:
TOWERCO 2013 LLC
By:
Name:
Title:
Date:
State of
County of
Before me, the undersigned, a Notary Public for the State,
personally appeared who is the of TowerCo
2013 LLC, a Delaware limited liability company, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument, the entity upon
behalf of which he acted, executed the instrument.
WITNESS my hand and official seal, this day of 20.
NOTARY SEAL
Signature
My commission expires:
16
TowerCo Site Name
TowerCo Site Number
Page 91 of 158
EXHIBIT "A"
DESCRIPTION OF LAND
The Land is described and/or depicted as follows:
17
TowerCo Site Name
TowerCo Site Number
Page 92 of 158
EXHIBIT "B"
DESCRIPTION OR DEPICTION OF PREMISES
An approximately ' x ' tract of land, together with easements for ingress, egress
and utilities described or depicted as follows. Exact legal description to be determined by
survey.
Note: At Lessee's option, Lessee may replace this Exhibit with an exhibit setting forth the legal
description of the Premises, or an as -built drawing depicting the site. Any visual or textual
representation of the Improvements (as defined in the Lease) and facilities is illustrative only,
and does not limit the rights of Lessee as provided for in the Lease. Without limiting the
generality of the foregoing:
1. The Premises may be setback from the boundaries of Lessor's property as required by the
applicable governmental authorities.
2. The access road's width may be modified as required by governmental authorities, including
police and fire departments.
3. The locations of any access and utility easements are illustrative only. Actual locations may
be determined by Lessee and/or the servicing utility company in compliance with local laws
and regulations.
18
TowerCo Site Name
TowerCo Site Number
Page 93 of 158
CITY OF WATERLOO
Council Communication
Fireworks Display by Sunnyside Country Club, 1600 Olympic Drive, on July 4th, 2017 beginning at 10:00
p.m. for approximately 20 minutes.
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department Reviewer Action Date
Clerk Office Higby, Nancy Approved 6/7/2017 - 11:37 AM
SUBJECT:
Submitted by:
Fireworks Display by Sunnyside Country Club, 1600 Olympic Drive, on
July 4th, 2017 beginning at 10:00 p.m. for approximately 20 minutes.
Submitted By: Pat Treloar, Chief of Fire Services
Page 94 of 158
CITY OF WATERLOO
Council Communication
Fireworks Display at Riverfront Stadium, 850 Park Road, on June 16, 2017 after the Waterloo Bucks ball
game ends lasting approximately 5-10 minutes.
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department Reviewer Action Date
Clerk Office Higby, Nancy Approved 6/7/2017 - 4:31 PM
SUBJECT:
Submitted by:
Fireworks Display at Riverfront Stadium, 850 Park Road, on June 16, 2017
after the Waterloo Bucks ball game ends lasting approximately 5-10 minutes.
Submitted By: Pat Treloar, Chief of Fire Services
Page 95 of 158
CITY OF WATERLOO
Council Communication
Bonds
City Council Meeting: 6/12/2017
Prepared:
REVIEWERS:
Department Reviewer Action Date
Engineering Higby, Nancy Approved 6/7/2017 - 11:10 AM
ATTACHMENTS:
Description Type
D Bonds for council approval Cover Memo
SUBJECT: Bonds
Page 96 of 158
BONDS FOR COUNCIL APPROVAL
June 12, 2017
RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00
63108694 AL GORDON PLUMBING AND HEATING WATERLOO, IA
IA5100358 CLARK MORITZ WATERLOO, IA
IA600826 EDWARD JAMES WEBSTER WATERLOO, IA
66204805 FLOYD JUNKER GOOD NEIGHBOR FENCE WATERLOO, IA
7900452206 IOWA HEARTLAND HABITAT FOR HUMANITY WATERLOO, IA
IA5100517 HEATHER LOPEZ WATERLOO, IA
IA5100278 HUMBERTO GALINDO WATERLOO, IA
55199040 JOSE GALVEZ WATERLOO, IA
7900442914 JOSH JEBE dba JEBE CONSTRUCTION WATERLOO, IA
IA5100625 JULIA WEEKLEY WATERLOO, IA
IA5100228 SCHAE SHEPHERD WATERLOO, IA
63211008 SOOD, INC. WATERLOO, IA
7900413956 TOJO CONSTRUCTION CEDAR FALLS, IA
IA5100218 VOGEL IRRIGATION COMPANY, INC. WATERLOO, IA
Page 97 of 158
CITY OF WATERLOO
Council Communication
FY 2017 Iowa Department of Transportation Commercial Service Vertical Infrastructure Program for building
improvements to Hangar No. 5, Waterloo Regional Airport.
City Council Meeting: 6/12/2017
Prepared: 6/6/2017
REVIEWERS:
Department Reviewer Action Date
Airport Kaspari, Keith Approved 6/6/2017 - 7:36 PM
Clerk Office Even, LeAnn Approved 6/7/2017 - 11:00 AM
ATTACHMENTS:
Description Type
❑ Bid Tab Backup Material
❑ Engineer's Estimate Backup Material
SUBJECT:
Motion to receive and file proof of publication and notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications form of contract,
etc.
Resolution authorizing to proceed.
Motion to receive, file and instruct City Clerk to read bids and refer to
Airport Director for review.
Submitted by: Submitted By: Keith Kaspari, Director ofAviation
Recommended Action:
Expenditure Required:
Source of Funds:
Policy Issue:
Staff anticipates that with approval by the IDOT, with their meetings in July
& August, that all project funds from 2016's grant program will receive
approval to be directed to Waterloo Regional Airport's, (ALO) FY 2017
Improvement Program.
All Funds will be provided by the IDOT- Office ofAviation via the
Commercial Service Infrastructure Program.
There is no local City / Airport match for this project.
This project will continue to provide improved facilities, yet also an expected
reduction in electrical utilities with the introduction of LED lighting fixtures.
With this Next Generation improvement to ALO 's Hangar infrastructure, it
will support the City's Strategic Plan — with Goal N o . 3, and Strategies 3.3,
3.4 and 3.5; but, also Goal No. 4 with Strategy 4.5.
Page 98 of 158
Alternative:
Background Information:
Legal Descriptions:
No alternatives were selected for this project
This project continues to provide upgrades to the City's aviation building
infrastructure at Waterloo Regional Airport and Hangar No. 5 which is
leased to Livingston Aviation. This project includes the following:
A. Replace 1970's era florescent light fixtures in the hangar bay area.
B. Replace current rain gutters with new, to prohibit the infiltration of water
to the interior of the hangar bay causing potential mold problem/s.
C. Replace exterior lights to broadcast lights on sides and apron areas.
D. Install new roof panels and spray -on roofing material.
Not applicable for this request from Airport Staff.
Page 99 of 158
WATERLOO REGIONAL AIRPORT
HANGAR NO. 5 REHABILITATION
Bid Tab: June 8, 2017
Estimate: Base Bid $103,375; Base Bid + Alt. $113,175
Bidder
Bid Security
Bid Amount
Pella Roofing & Insulation
5%
Base Bid: $ 49,775
Vinton, IA
Ck. #038878
Alt. : $16,220
Base + Alt. = $65,995
Base Bid: $89,400
Modern Builders, Inc.
5%
Alt. : $16,545
Janesville, IA
Base + Alt. = $105,945
Page 100 of 158
Engineer's Estimate of Probable Construction Cost
Waterloo Regional Airport
Rehabilitate Hangar No. 5
AECOM Project No. 60532584
Base Bid
Item
No.
Description
Unit
Estimated
Quantity
Estimated
Unit Price
Extended Total
1
Mobilization and
Demobilization
LS
1
$ 5,000.00
$ 5,000.00
2
Remove and Replace Gutters
and Downspouts
LS
1
$ 20,000.00
$ 20,000.00
3
Remove Existing Metal
Roofing
SFT
1,000
$ 1.50
$ 1,500.00
4
Install New Metal Roofing —
24 GA
SFT
1,000
$ 6.00
$ 6,000.00
5
Roof Coating System
SFT
15,750
$ 4.50
$ 70,875.00
TOTAL BASE BID
$ 103,375.00
Add Alternate Bid
Item
No.
Description
Unit
Estimated
Quantity
Estimated
Unit Price
Extended Total
1
Replace Interior Hangar
Lighting with LED High Bay
Fixtures
EA
20
$ 350.00
$ 7,000.00
2
Remove and Replace Gutters
and Downspouts
EA
7
$ 400.00
$ 2,800.00
TOTAL ADD ALTERNATE BID
$ 9,800.00
TOTAL BASE BID PLUS ADD ALTERNATE BID
$ 113,175.00
Page 101 of 158
CITY OF WATERLOO
Council Communication
FY 2017 Iowa Department of Transportation Commercial Service Vertical Infrastructure Program for building
improvements to the General Aviation Terminal Building, Waterloo Regional Airport.
City Council Meeting: 6/12/2017
Prepared: 6/6/2017
REVIEWERS:
Department Reviewer Action Date
Airport Kaspari, Keith Approved 6/6/2017 - 7:36 PM
Clerk Office Even, LeAnn Approved 6/7/2017 - 11:13 AM
ATTACHMENTS:
Description Type
❑ Bid Tab Backup Material
❑ Engineer's Estimate Backup Material
SUBJECT:
Motion to receive and file proof of publication and notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract,
etc.
Resolution authorizing to proceed.
Motion to receive, file, and instruct City Clerk to read bids and refer to the
Airport Director for review.
Submitted by: Submitted By: Keith Kaspari, Director of Aviation
Recommended Action:
Summary Statement:
This project continues the previous requests by Airport Staff to allow for
IDOT grant funds to be used to continue to improve the City's vertical
infrastructure and building systems with the replacement of the roof mounted
air conditioners at the Waterloo Regional Airport.
Current building is owned by the City, yet leased to Livingston Aviation.
Staff will be using the remaining funds from IDOT and Waterloo Regional
Airport's, (ALO's) FY 2016 program (yet with $42,300) waiting for
approval by IDOT commission.
Expenditure Required: Staff will then use all of the available FY 2017 funds for both this General
Aviation Terminal project, in addition to the work at Hangar No. 5.
This Air Conditioning replacement project is Priority 2 of 2, with Hangar
No: 5 being the No: 1 Priority.
Page 102 of 158
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Legal Descriptions:
All funds will be derived as noted above from IDOT's Commercial Service
Vertical Infrastructure (CSVI) program, using both FY 2016 remaining
funds at $42,300 and all funds from FY 2017 (Approx: $101,000 +/-).
This project will continue to provide improved facilities, yet also an expected
reduction in electrical utilities with the introduction of new air conditioning
compressors. With this Next Generation improvement to the Airport's General
Aviation Terminal Building, it will support the City's Strategic Plan — with Goal
No. 3, and Strategies 3.3, 3.4 and 3.5; but, also Goal No. 4 with Strategy 4.5.
No alternatives were selected for this project.
This project continues to improve the City and Airport's baseline airport
infrastructure and related building systems.
Not Applicable for this request by Staff.
Page 103 of 158
WATERLOO REGIONAL AIRPORT
TERMINAL BUILDING HVAC REPLACEMENT
Bid Tab: June 8, 2017
Estimate: See Engineer's Estimate
Bidder
Bid Security
Bid Amount
Plum Tech, Inc.
Waterloo, IA
5%
Base Bid: $19,556
Add Bid #1: $16,322
Base Bid +#1= $36,878
Page 104 of 158
Engineer's Estimate of Probable Construction Cost
Waterloo Regional Airport
HVAC — General Aviation Terminal
AECOM Project No. 60532584
Engineering Cost Estimate — Base Bid
• ACCU-1 Replacement (Existing 3 -Ton Carrier Unit)
o Demolition/Disposal - $700
o 3 -Ton ACCU Replacement - $3,200
o Refrigerant Line Work - $500
o Crane Rental - $200
o Electrical Work - $300
o Total Cost - $4,600 (Installed)
• ACCU-3 Replacement (Existing 1-1/2—Ton Goodman Unit)
o Demolition/ Disposal - $700
o 1 -1/2 -Ton ACCU Replacement - $2,200
o Refrigerant Line Work - $500
o Crane Rental - $200
o Electrical Work - $300
o Total Cost - $3,900 (Installed)
Total Base Bid - $ 8,500
Engineering Cost Estimate — Alternate Add Bid
• ACCU-4 Replacement (Existing 7 -1/2 -Ton Lennox Unit)
o Demolition/ Disposal - $1000
o 7 -1/2 -Ton ACCU Replacement - $7,500
o Refrigerant Line Work - $500
o Crane Rental - $200
o Electrical Work - $500
o Total Cost - $9,700 (Installed)
Total Base Bid - $ 9,700
Total Project Cost $18,200
Page 105 of 158
CITY OF WATERLOO
Council Communication
FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department Reviewer Action Date
Engineering Thorson, Eric Approved 6/7/2017 - 10:52 AM
Clerk Office Even, LeAnn Approved 6/7/2017 - 11:37 AM
ATTACHMENTS:
Description Type
D Bid Tab Cover Memo
SUBJECT:
Submitted by:
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract,
etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to
Manager of Rehabilitation Services/Building Maintenance for review.
Submitted By: Mark A. Boesen, Manager of Rehabilitation
Services/Building Maintenance
Source of Funds: G.O. Bonds FY 2015 & 2016
Page 106 of 158
FY17 E. 5TH STREET PARKING GARAGE REPAIRS
CONTRACT 930
Bid Tab: June 8, 2017
Estimate: Base Bid: $519,835; Base + Alt. 1: $549,835
Bidder
Bid Security
Bid Amount
McGill Restoration, Inc.
Omaha, NE
5%
Base Bid: $444,854
Alt. 1 $38,500
Total Base +1= $483,354
Bi -State Masonry, Inc.
Davenport, IA
5%
Base Bid: $474,965
Alt. 1 $90,000
Total Base +1= $564,965
Merit Construction Svcs
Farmington, MN
5%
Base Bid: $464,521
Alt. 1 $0.00
Total Base +1= $464,521
E & H Restoration, LLC
Davenport, IA
5%
Base Bid: $605,700
Alt. 1 $21,000
Total Base +1= $626,700
Western Specialty
Contractors
West Des Moines, IA
5%
Base Bid: $598,595
Alt. 1 $300,000
Total Base +1= $898,595
Page 107 of 158
Nancy Higby
From: KELLEY FELCHLE
Sent: Tuesday, June 13, 2017 6:24 PM
To: Nancy Higby
Subject: FW: Sale of 657A homes.
Hi Nancy,
Could you please add this email to the Laserfiche council record as well. It would go with the council
communication for the 657A property. Thank you!
Kelley Felchle
City Clerk
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
(319)291-4323
PURSUANT 70 IOWA CODE CliAi'
SU 3ILCI `C PUBLIC DISCLOSURE.
-MAIL CC)MAilli'1ICATICl)N TO AND FRC)N\ THIS ADDRESS iyAAY ru
From: tomlindcitvcouncil@gmail.com[mailto:tomlindcitvcouncil@gmail.com]
Sent: Tuesday, June 13, 2017 1:41 PM
To: DAVE ZELLHOEFER; KELLEY FELCHLE
Subject: Fwd: Sale of 657A homes.
Sent from my iPhone
Begin forwarded message:
From: NOEL ANDERSON <NOEL.ANDERSON@WATERLOO-IA.ORG>
Date: June 13, 2017 at 1:06:26 PM CDT
To: QUENTIN HART <QUENTIN.HART(cD,WATERLOO-IA.ORG>, COUNCIL MEMBERS
<COUNCILMEMBERS@, WATERLOO-IA.ORG>
Cc: MICHELLE WEIDNER<MICHELLE.WEIDNER(a�WATERLOO-IA.ORG>, MICHELLE
WESTPHAL <MICHELLE.WESTPHAL `,WATERLOO-IA.ORG>
Subject: Sale of 657A homes.
i
Sony I missed City Council last night. Working to spread word on our needs, programs,
accomplishments in Wash DC. with Mayor and Rudy.
Notes on the Williston house.
Castro : he will get the $5,000 back minimum payment as required by bid process. He would
then get another $5,000 for infrastructure reinvestment. Both are payable upon issuance of
Certificate of Occupancy at end of project.
Bid was $10,000. So, essentially, this is just like us selling for $1.00. As we will be even at end.
Plus we don't incur demo and asbestos costs of $8-10k.
Plus we don't have to perform snow removal and mowing.
Plus we get a new family living there.
Property pays property taxes.
Buys water
Pays for garbage
Pays for sewer
Residents buy stuff - gas, goods, etc that helps with LOT, road use, new commercial
development.
So, this is an excellent infill development project. And hopefully we continue to garner interest
and have positive reinvestment in our existing neighborhoods.
-Noel
Thanks, and thank you for your interest and investment in the City of Waterloo.
Noel Anderson
Community Planning & Development Director
City of Waterloo
Sent from my iPhone
2
CITY OF WATERLOO
Council Communication
Sale and conveyance of 657A property located at 1606 Williston Avenue.
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Higby, Nancy
ATTACHMENTS:
Description
D Aerial Photo/Detailed Property Report
❑ Bid Tab
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Legal Descriptions:
Action
Approved
Approved
Type
Cover Memo
Cover Memo
D ate
6/7/2017 - 2:59 PM
6/7/2017 - 3:14 PM
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution authorizing to proceed.
Motion to receive, file and instruct City Clerk to read bids, and refer to
Community Planning and Development Director for review.
Submitted By: Noel Anderson -Community Planning and Development
Director
Approval
The property at 1606 Williston Avenue was acquired through Iowa Code 657A
in 2016. The property is in reasonably good shape considering it was vacant for
approximately five years. The city has (2) two interested parties who wish to
purchase the property for rehabilitation.
N/A
N/A
Sale of City owned Property/Dilapidated Housing.
Demolish and maintain.
Lot 99, Kenwood Park, in the City of Waterloo, Iowa.
Page 108 of 158
5/31/2017 Printable Map Output
Black Hawk County Parcel Map
Parcel ID:
8913-36-102-002
Deed Holder:
_
CITY OF WATERLOO
Parcel Address:
1606 WILLISTONAV, WATERLOO, IA 50702
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Black Hawk County, Iowa
316 East 5th Street
Waterloo, Iowa 50703-4774
Phone: (319) 833-3002
Fax: (319) 833-3070
E-mail: auditor{a?co.black-hawk.ia.us.orq
Map Disclaimer: This map does not represent a survey. No liability is assumed for the
accuracy of the data delineated herein, either expressed or implied by Black Hawk County,
the Black Hawk County Assessor or their employees. This map is compiled from official
records, including plats, surveys, recorded deeds, and contracts, and only contains
information required for focal government purposes. See the recorded documents for more
detailed legal information.
Page 109 of 158
1/1
W31/2017
Black Hawk County Detailed Parcel Report
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID
8913-36-102-002
PDF No.
4
Map Area
CWTLO-06
Property Address
1606 WILLISTON AV
WATERLOO, IA 50702-3912
Deed Holder
CITY OF WATERLOO
Contract Buyer
ax Mail to Address
ITY OF WATERLOO
15 MULBERRY ST
TTN: FINANCE DEPARTMENT
ATERLOO, IA 50703-0000
[Current Recorded Transfer
Date Drawn
Date Filed
Recorded Document
10/19/2016 10/21/2016 ,2017 007695
Type
D
SALES
None
BUILDING PERMIT
Date
7/14/2016
/20/2012
10/23/2006
Number
A 11170
A 03423
A 1456
mount
500
525
Reason
Roof
Roof
Roof
ASSESSED VALUES/CREDITS
Year
2017 Values pending Board of Review Action
iiiMENEENEEMIEREEMEEMk
100%
Value
Taxable
Value
Land Multi -Residential Land
Land
12,130
Multi -Residential Land
0
Class
E
Dwelling 'Building Total Acres
58,440
70,570
[Dwelling Building
_158,440 10
otal
70,570
Year
2016
100% Land Multi -Residential Land
Value 12,130
Taxable Land Multi -Residential Land
Value 6,907
lass
R
Dwelling
58,440
Building
0
atal
70,570
Acres
0
Dwelling
33,275
Building
0
rotal
0,182
Year
2015
100%
Value
masizzammsamma
Taxable
Value
Year
2014
100%
Value
142111
Taxable
Value
Land Multi -Residential Land
12,130
Land Multi -Residential Land
6,747
Multi -Residential Land
12,130 0
Land
Land Multi -Residential Land
6,760 0
Class
R
Class
R
Dwelling Building Total Acres
58,440 0 70,570 0
Dwelling
32,508
Dwelling
55,190
Building
0
otal
39,255
Dwelling
30,759
Building obi
0 V7,320
Acres
0
Building
0
Total
37,519
TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017
Tax District
940001 - WATERLOO
Corp
rNocorp
Gross Value
70,570
0
Taxable Value
39,255
0
Military Exemption
0
0
Homestead Disabled Veteran (Property Tax Relief
http://www2.cablack-hawk.ia.uslwebsitelbhmap/bhRepDet.asp?apn=891336302002
Levy Rate
40.78414
0
Gross Tax
$1,600.98
Net Tax
$1,600.00
$0.00
!Ag [Business Pro eT� 0 of 158
1!3
5/31/2017
Corp
Nocor
Credit
$0.00
Credit
$0.00
Black Hawk County Detailed Parcel Report
Credit Credit Credit
$0.00
$0,00
LEGAL
$0.00
$0.00
WISMEZNIIEHZIZE
1KENWOOD PARK LOT 99
Basis
Front Foot
Totals:
LAND
Side 2
127
DWELLING CHARACTERISTICS
Lot rea
0. .350
6350
Acres
0.146
0.146
Sin• Ie-Famil / Owner Occu • ied
1940
1 Sto Frame
:56
otal Rooms Above
5
Heat
otal Rooms Below
otal Living Area
1241
Bedrooms Above
Basement Finished Area
0
Foundation
C Bik
Exterior Walls
3/4 Finished
Bedrooms Below
No Basement Floor
0
Floorin
Interior Finish
Drwl
Roof
s.h 1 Gable
Non -Base
Heating
Plumbing
Floor/Wall
Pi • eless
Handfired
1 Full Bath
GARAGES
Year Built Style Width Length Area Basement Qtrs Over Area AC
0 A
1939
1950
Det Frame
Det Frame
12
22
18
26
216
572
0
0
None
None
0 0
BASEMENT
STALLS
None
Description
CONC PAT 8X20
Year Built
1940
,Entry Status: Estimated
Quantity
1
Plot No.
Extended Description
Quantity=160.00, Units=Square Feet, Height=0
http://www2.co.black-hawk.i a.us/website/bhmap/bhRepDeiasp?apn=891336102002
Page 111 of 158
2/3
5/31/2017
Black Hawk County Detailed Parcel Report
28
32
1B B A FR (MAIN) 24
[856]
22
1
Date Website Last Updated: 05/19/2017
01,4041.1.
http:llwww2.co.black-hawk.ia. uslwebs i telbhm aplbhRepDet.asp?apn=891336102002
Page 112of158
3/3
Sale of 657A Property located at
1606 Williston Ave
June 8, 2017 Bid Tab
Estimate:
Bidder
Bid Bond
Bid Amount
Robert Castro Construction, Inc.
269-0615
Chk.#7048
$10,005.00
American's for Independent living
Tim Combs — 319-243-9932
Ck. Engineering
has in office.
$5,000.00
Page 113 of 158
CITY OF WATERLOO
Council Communication
Resolution approving acceptance of Black Hawk Gaming Association Grant in the amount of $30,000 for the
purchase of a Full Spectrum Imaging System, with $30,000 matching City funds, and authorize Mayor to sign
all necessary documents.
City Council Meeting: 6/12/2017
Prepared: 6/6/2017
REVIEWERS:
Department
P olice Department
Clerk Office
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Background Information:
Reviewer
Leibold, Joe
Even, LeAnn
Action
Approved
Approved
D ate
6/6/2017 - 10:06 AM
6/7/2017 - 11:33 AM
Resolution approving acceptance of Black Hawk Gaming Association Grant
in the amount of $30,000 for the purchase of a Full Spectrum Imaging
System, with $30,000 matching City funds, and authorize Mayor to sign all
necessary documents.
Submitted By: Joe Leibold, Captain of Police Services
Approve Request
A Full Spectrum Imaging System uses cameras, lenses, computers and
varying light sources to enhance our ability to locate and collect physical
evidence at crime scenes.
The grant requires a $30,000 match. This match is being split evenly
between the Black Hawk County Attorneys Office, Black Hawk County
Sheriffs Office and Waterloo Police Department.
The City match will utilize WPD Forfeiture funds.
We have explored several grants over the past couple of years in an effort to
obtain this equipment. We are very appreciative that through a combined
effort we were able to obtain a local grant and a shared match for this piece
of equipment.
Page 114 of 158
CITY OF WATERLOO
Council Communication
Resolution approving Community Garden Agreement, not to exceed three (3) years, with the First Baptist
Church and EMBARC, (Ethnic Minorities of Burma Advocacy and Resource Center) to garden four (4) City
owned parcels located between 133 and 157 University Avenue and authorize Mayor to execute said
agreement.
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 6/7/2017 - 11:00 AM
Clerk Office Even, LeAnn Approved 6/7/2017 - 11:49 AM
ATTACHMENTS:
Description Type
D Aerial Map Cover Memo
D Garden Plot Agreement Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Resolution approving Community Garden Agreement, not to exceed three
(3) years, with the First Baptist Church and EMBARC, (Ethnic Minorities
of Burma Advocacy and Resource Center) to garden four (4) City owned
parcels located between 133 and 157 University Avenue and authorize Mayor
to execute said agreement.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
The applicants would prefer not to be required to apply annually as the
current Garden Plot agreement requires and have agreement run continuously
or until the cosigners or leaser deem the project complete or void. If it
cannot be an indefinite amount of time, the applicant is asking for a minimum
of 2 years.The applicant is also asking to have the option to build structures,
such as raised beds or a fence to keep small animals out. Construction of a
building would require issuance of a variance. The applicants have stated
that a good portion of the produce will be sold at the Farmers Market.
The building and Grounds Committee unanimously approved the request to
allow for a minimum 3 year agreement to be from the date of approval by the
City, until and including December 31, 2019.
None
None
Page 115 of 158
Policy Issue: City Garden Plot Program
Page 116 of 158
Five Tots requested by First Baptist Church and EMBARC
Lot requested by Jasom Grimm
Note
Base map data source Is Black Hawk County.
This map does not accuracy of
survey, no Ilaeate
Is ed for the accuracy of the data delineated herel-
Black assumed
or Irrlplled by or theiH'ewk cryees , the
Black Hawk County Assessor, employees
The Qty of Waterloo makes no warranty, express or
Implled, as to the accuracy of the Information shown
oil MIs rnap, and expressly duxlalrru liability for Me
ra yceys, Users should refer to offlual
plats,surveys, recorded deeds, etclocated at the
Black Hawk County Assessor's Office for complete
and accurate Infonnaton.
711 I I"
WI i!_t
CitLj of Waterloo, Iowa
Community Garden Agreement
Subject to the terms and conditions of this Community Garden Agreement (the "Agreement"),
the City of Waterloo, Iowa ("City"), hereby grants a revocable license to the person(s) or non-
profit entities identified below (individually or collectively, the "Licensee") to use the following
described City -owned property or right-of-way (the "Premises"), solely for the purposes stated
herein:
Lot 4; and
The Northerly 97 feet of Lot 5; and
Lot 6;
All in Block 2, Leland Park, City of Waterloo, Iowa, except the Northerly 4 feet thereof.
In consideration of the City's grant of a revocable license to use the Premises on the terms set
forth in this Agreement, Licensee hereby agrees to the following terms and conditions:
1. Duration. This Agreement and the license granted hereunder shall be effective for the
following term (not to exceed three years): Commencing the date of approval by the City as
indicated below, until and including December 31, 2019. The license granted herein is effective
only for the period indicated above. This Agreement shall not automatically renew or be
extended.
2. Use of Premises. Licensee shall use the Premises only for growing vegetables in
connection with a program (the "Program") operated and overseen by Licensee, by which
Burmese immigrants (the "Participants") will produce vegetables for the purpose of acquiring
and developing diverse skills, including business management, English language proficiency,
money handling, marketing, and food safety. Licensee agrees that all produce sales will be
conducted at local farmers' markets or other off -Premises locations. Licensee and the
Participants may not use the Premises for any other purpose, and Participants may use produce
only for their own consumption or purposes in furtherance of the Program. Licensee shall be
responsible to monitor proper use of the Premises.
3. Improvements; Vehicles. No structures, fences, buildings, vehicles or equipment shall
be placed or parked on the Premises that are not consistent with a private, non-commercial
vegetable or flower garden use, except that Participants may construct raised garden beds and/or
fences not exceeding three (3) feet in height. Other improvements in the nature of a fixture shall
require advance written consent from the City Planner or designee. Licensee may not install any
other improvements on the Premises. All improvements of whatever type or nature that are left
on the Premises at the end of the term hereof shall become the sole property of City, and
Licensee shall not be entitled to any compensation for same. Notwithstanding the foregoing, by
the end of the term of this Agreement Licensee shall remove all improvements made by Licensee
or Participants, unless the City has agreed in writing that such improvements may remain in
place. No motorized vehicles shall be parked on or otherwise used in connection with the
Premises except when such vehicles are actually engaged in maintenance of the Premises.
4. Maintenance of Premises; Trees. Licensee shall maintain the Premises in a reasonably
safe, serviceable, clean and presentable condition, free of weeds, cuttings, and other debris. All
wastes shall be promptly removed from the Premises. At the end of each growing season,
Licensee shall clean up the Premises. Licensee may plant trees and shrubs only with the advance
Page 118 of 158
written permission of the City Planner or designee. Trees or other permanent plantings shall
become and remain the sole property of the City, without compensation to Licensee or
Participants therefor, and may not be removed by Licensee or any other person without advance
written permission from the City Planner or designee.
5. Use by Others. The rights granted hereunder are personal to Licensee. The parties
anticipate that Licensee may permit others, subject to all terms and conditions of this Agreement,
to use the Premises in a manner consistent with Program requirements and the purposes of this
Agreement. Such use by others is permitted, but the rights granted to Licensee hereunder may
not otherwise be assigned, transferred, sublet or sublicensed to any other person or entity without
City's prior written consent. All permitted users are bound by the terms hereof, and any
violation of applicable requirements or any breach of the terms hereof shall have the same effect
as if violated or breached by Licensee.
6. Entry on Premises. City or its agents may enter upon the Premises at any time during
the term hereof for the purpose of drilling test holes, making surveys, or accommodating public
utilities relocation. When possible, City will attempt to provide advance notice to Licensee.
7. Legal Compliance. Licensee shall comply with all applicable federal, state, and local
statutes, laws, rules, regulations, orders, and ordinances that may affect the Premises or
Licensee's use thereof at any time during the term of this Agreement, including but not limited to
ordinances governing noise and weed control.
8. Insurance. Before entering upon the Premises, Licensee shall provide to City a
certificate showing proof of general liability insurance covering the activities of Licensee upon
the Premises in the minimum amount of $1,000,000 each occurrence and $2,000,000 aggregate.
Licensee shall keep such insurance in force during the term of this Agreement. Licensee's
insurance shall name the City of Waterloo, Iowa as an additional insured.
9. Risk Allocation; Indemnity. Licensee takes the Premises in "as is" condition and uses
the Premises at its sole risk. As against City, Licensee is solely responsible for all risks and
liabilities to which any Participant may be exposed. Licensee agrees to indemnify, defend and
hold harmless City, its officers, officials, employees, contractors and agents, from and against
any and all claims, demands, causes of action, damages, injuries, losses, costs, fines, penalties, or
liabilities whatsoever, including but not limited to attorneys' fees and expenses, whether to the
person or property of Licensee or anyone else, arising from or in connection with the acts or
omissions of Licensee, any Participant, or any other invitee of Licensee or a Participant that
relate in any way to use of the Premises.
10. Termination; Revocation. Licensee agrees that City may, at any time and for any
reason, terminate this Agreement and revoke Licensee's rights hereunder upon sixty (60) days'
advance written notice delivered to Licensee at its last -known address. In the event of such
termination, Licensee agrees to waive and hereby does waive any and all demands or claims
upon the City for damages to growing crops on the Premises and for loss or damage to any
improvements that Licensee leaves upon the Premises at the end of said notice period.
11. General Terms. This Agreement is the entire agreement between the parties and may
not be modified except by a written instrument signed by the parties. This Agreement is binding
on the parties and the respective successors and assigns of each.
2
Page 119 of 158
IN WITNESS WHEREOF, the parties have entered into this Community Garden Agreement
by their duly authorized representatives.
Licensee Signature(s)
Ethnic Minorities of Burma Advocacy First Baptist Church
and Resource Center (EMBARC)
By: By:
Title: Title:
220 E. 4th Street 1200 W. 4th Street
Waterloo, IA 50703 Waterloo, IA 50702
Approved by: Title: Date:
City of Waterloo, Iowa
3
Page 120 of 158
CITY OF WATERLOO
Council Communication
Resolution approving Agreement with Iowa Department of Transportation for use of city streets to detour
traffic from the ramp to US 218 NB at Highway 63/Commercial Street, in conjunction with the US 218 PCC
Patching Project, from US 63 to Greenhill Rd. NB (NHSN-218-7(236)-2R-07).
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department Reviewer Action Date
Engineering Thorson, Eric Approved 6/7/2017 - 11:15 AM
Clerk Office Even, LeAnn Approved 6/7/2017 - 11:23 AM
ATTACHMENTS:
Description Type
❑ US 218 NB ramp detour_agreement Cover Memo
SUBJECT:
Submitted by:
Summary Statement:
Source of Funds:
Background Information:
Resolution approving Agreement with Iowa Department of Transportation
for use of city streets to detour traffic from the ramp to US 218 NB at
Highway 63/Commercial Street, in conjunction with the US 218 PCC
Patching Project, from US 63 to Greenhill Rd. NB (NHSN-218-7(236)-2R-
07).
Submitted By: Dennis Gentz, PE, Assistant City Engineer
This agreement is for the use city streets to implement a detour needed for
the contractors work to replace a storm sewer pipe under the ramp to NB
218 at Hwy 63/Commercial St. The portion of the detour using city streets
will commence at the junction of US 63/Commercial Street and Westfield
Avenue, thence westerly on Westfield Avenue to Fletcher Avenue, thence to
US 218. This detour is expected to be in place a maximum of four days.
The IDOT will restore the detour streets, as nearly as possible, to as good
of condition as it was prior to its use as a detour.
Gas tax method calculation @ $14.31/day.
Detour map is attached.
Page 121 of 158
Form 610012wd
06-14
CIowADOT
AGREEMENT FOR DOT -!INITIATED DETOUR OF PRIMARY HIGHWAYS ONTO LOCAL ROADS
This Agreement is entered into by and between the Iowa Department of Transportation, hereinafter known as the Department; and the
City of Waterloo , hereinafter known as the Local Public Aaencv (LPA).
WHEREAS, the Department has determined the necessity to temporarily close primary highway the entrance ramp connecting
from U.S. 63 10 northbound U.S. 218
for the purpose of construction, reconstruction, maintenance, natural disasters, or other emergencies; and
WHEREAS, it is necessary to provide a detour for the primary highway closure period; and
WHEREAS, the LPA agrees to permit the use of its roads as a detour, more particularly described as follows:
from the junction of U.S. 63 and West Commercial Street, thence northerly on West Commercial Street to Westfield Avenue,
thence northwesterly on Westfield Avenue to Fletcher Avenue,
thence southerly on Fletcher Avenue to the northbound U.S. 218 service road (West Washington Street)
; and
WHEREAS, Authorized representatives of both the Department and the LPA shall jointly execute and sign a written report concerning the condition of the
proposed detour, after jointly Inspecting said road, the subject of the proposed detour; said report to be in sufficient detail as to reasonably reflect the
condition of the roadway base, surface, shoulders and bridges; and
WHEREAS, the Department will review, and inspect when necessary, the bridges on the detour route and determine the maximum vehicle
weight (up to 156,000 pounds) that can be safely carried on these bridges and submit this information to the LPA for its review. The LPA may
choose to restrict detour traffic to only vehicles of legal weight or size. If the LPA allows oversize or overweight loads, it shall notify the
Department in writing. The Department shall approve the routing of overweight vehicles on the detour route, up to the limits specified by the
LPA; and
WHEREAS, the Department agrees to perform the following pre -detour maintenance, if any: _placing pavement markings is needed
;and
WHEREAS, the Department agrees to maintain the detour and provide all traffic control devices required by the Manual of Uniform Traffic Control
Devices (MUTCD), as adopted by the Department pursuant to 761 IAC 130, including the marking of no -passing zones during the period the local
agency road(s) and structure(s) are being utilized as a primary road detour; and
WHEREAS, Prior to revocation of the detour, the Department shall restore the local agency road to as nearly as possible as good condition as it was
prior to its designation as a temporary primary road, or adequately compensate the local agency for excessive traffic upon the local agency road during
the period it was used as a temporary primary road, in accordance with Section 313.29 or Section 313.29 of the Iowa Code and Iowa DOT Policy 600.05;
and
WHEREAS, The detour period is estimated to begin
September 18, 2017
(date) (date)
WHEREAS, the parties agree to the following additional provisions, If any:
and end September 20, 2017
N/A
; and
NOW, THEREFORE, BE IT AGREED that the described road be used as a detour under stipulations outlined above.
IN WITNESS WHEREOF, The parties hereto have caused this agreement to be executed by proper officers thereunto duly authorized as of the dates
below indicated.
District Engineer (or designee) Date City representative Date
Iowa Department of Transportation
Printed name and title of city representative
County representative Date
Printed name and title of county representative
Page 122 of 158
NalAtIVJ
0301100
/AV 011000
10 A31711
00
531-1000
01
04000019101
lAv 1100S
3kv 00,110100
0.w 00e31401e is
10 0100110
010001
iri30101JAN
anew
00
Page 123 of 15
CITY OF WATERLOO
Council Communication
Resolution approving Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc.,
of Waterloo, Iowa, in an amount not to exceed $19,500 for services related to the FY 2018 Brock 2nd
Addition Sanitary Sewer and Water Main Extension, Contract No. 932, and authorize Mayor and City Clerk
to execute said documents.
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department Reviewer Action Date
Engineering Thorson, Eric Approved 6/7/2017 - 11:07 AM
Clerk Office Even, LeAnn Approved 6/7/2017 - 11:20 AM
SUBJECT:
Submitted by:
Summary Statement:
Expenditure Required:
Resolution approving Professional Services Agreement with Wayne
Claassen Engineering and Surveying, Inc., of Waterloo, Iowa, in an amount
not to exceed $19,500 for services related to the FY 2018 Brock 2nd
Addition Sanitary Sewer and Water Main Extension, Contract No. 932, and
authorize Mayor and City Clerk to execute said documents.
Submitted By: Jamie Knutson, PE, Associate Engineer
The services include surveying, design, preparation of Iowa DNR
Construction Permit applications, assistance during letting, construction
staking and construction review services.
Not to exceed $19,500.00
Source of Funds: Martin Road TIF funds
Policy Issue:
This contract applies to Strategic Plan Strategy 1.3 by providing the design
to construct water and sanitary sewer to a development site in the Martin
Road TIF area.
Page 124 of 158
CITY OF WATERLOO
Council Communication
Resolution awarding bid in the amount of $49,247.00 to Pat McGrath Chevy, Cedar Rapids, Iowa for two (2)
compact pickup trucks for the Engineering Department.
City Council Meeting: 6/12/2017
Prepared: 6/5/2017
REVIEWERS:
Department
Traffic Operations
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Background Information:
Reviewer
Even, LeAnn
Action
Approved
D ate
6/6/2017 - 11:43 AM
Resolution awarding bid in the amount of $49,247.00 to Pat McGrath
Chevy, Cedar Rapids, Iowa for two (2) compact pickup trucks for the
Engineering Department.
Submitted By:Sandie Greco, Interim Public Works Director
Recommend Approval
The purchase of two compact pickup trucks supports the Engineering
Department on -street construction oversight process. This purchase
replaces 2002 and 2004 model equipment. Replacement of these two
vehicles was programmed in the 2017 Capital Equipment Replacement
Program.
Estimate $50,000.00
415-07-7830-2117
416-07-7830-2117
The purchase of two compact pickup trucks supports the Engineering
Department on -street construction oversight process. This purchase
replaces 2002 and 2004 model equipment. Replacement of these two
vehicles was programmed in the 2017 Capital Equipment Replacement
Program.
Page 125 of 158
CITY OF WATERLOO
Council Communication
Resolution approving an agreement with Iowa DOT Project No. STP -U-8155(756)--70-07 for conducting a
media, multi -media Children Traffic Safety Awareness Campaign, covering the area covered by the
Metropolitan Planning Organization in the amount of $37,500 including the City's share of $7,500 and authorize
Mayor and City Clerk to execute said document.
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department
Traffic Operations
ATTACHMENTS:
Description
DOT Project No. STP -U-8155(756)--70-07
Agreement
D
Reviewer
Even, LeAnn
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Background Information:
Action
Approved
Type
Cover Memo
D ate
6/7/2017 - 11:54 AM
Resolution approving an agreement with Iowa DOT Project No. STP -U-
8155(756)--70-07 for conducting a media, multi -media Children Traffic
Safety Awareness C amp aign, covering the area covered by the Metropolitan
Planning Organization in the amount of S37,500 including the City's share of
$7,500 and authorize Mayor and City Clerk to execute said document.
Submitted By: Sandie Greco, Interim Public Works Director
Approve Resolution
This is a federal aid project through Surface Transportation Block Grant
Program in the amount of $37,500 - including 20% City match, for
conducting a media, multi -media children traffic safety awareness campaign
covering the area covered by the Metropolitan Planning Organization.
$37,500
$30,000 - IDOT Surface Transportation Block Grant
$7,500 GO Bond
This is project is part of the Strategic Plan - Goal 2: Implement a
Community Policing strategy that creates a safe environment in Waterloo -
Strategy 2.2 - enlist all City departments and staff members to promote a
safer community.
For more than 10 years Traffic Operations Department has been conducting
traffic safety awareness campaigns. This is another part of this continuing
effort to improve public safety.
Page 126 of 158
Page 127 of 158
April 2016
IOWA DEPARTMENT OF TRANSPORTATION
Federal -aid Agreement
for a Surface Transportation Program Project
Recipient: City of Waterloo
Project No.: STP -U-8155(756)--70-07
Iowa DOT Agreement No.: 2-17-STPU-021
CFDA No. and Title: 20.205 Highway Planning and Construction
This is an agreement between the City of Waterloo, Iowa (hereinafter referred to as the Recipient) and the Iowa
Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44
provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing
transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require
Federal funds to be administered by the Department.
The Recipient has received Federal funding through the Surface Transportation Block Grant Program (STP). STP
funds are available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety
improvement projects on Federal -aid highways, bridges on any public road, and several other types of projects, as
specified in 23 U.S.C. 133(b). Federal -aid highways include all Federal Functional Classifications, except for rural
minor collectors or local roads.
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to
provide STP funding to the Recipient for the authorized and approved costs for eligible items associated with the
project.
Under this agreement, the parties further agree as follows:
1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the appropriate contact person. The
Department's contact person will be the District 2 Local Systems Engineer. The Recipient's contact person
shall be the Mohammad Elahi.
3. The Recipient shall be responsible for the development and completion of the following described STP
project:
MPO -Wide Traffic Safety Awareness Campaign for Children
4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way
acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work
that is required for construction of the project.
5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from
STP funds. The portion of the project costs reimbursed by STP funds shall be limited to a maximum of either
80 percent of eligible costs or the amount stipulated in the Iowa Northland Regional Council of Governments
current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation
Improvement Program (STIP), whichever is less.
6. The Recipient shall pay for all project costs not reimbursed with STP funds.
7. If the project described in Section 3. drops out of the Iowa Northland Regional Council of Governments
current TIP or the approved current STIP prior to obligation of Federal funds, and the Recipient fails to
reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and
void.
8. The Recipient shall let the project for bids through the Department.
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STP Project Agreement
Page 2
9. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this
agreement shall remain in effect.
10. It is the intent of both parties that no third party beneficiaries be created by this agreement.
11. This agreement shall be executed and delivered in two or more copies, each of which so executed and
delivered shall be deemed to be an original and shall constitute but one and the same agreement.
12. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the
Recipient concerning this project. Representations made before the signing of this agreement are not
binding, and neither party has relied upon conflicting representations in entering into this agreement. Any
change or alteration to the terms of this agreement shall be made in the form of an addendum to this
agreement. The addendum shall become effective only upon written approval of the Department and the
Recipient.
IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its
signature below.
City Signature Block (City Projects Only)
By Date , 20
Title of city official
, certify that I am the City Clerk of Waterloo, and
that , who signed said Agreement for and on behalf of the city was duly
authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the
day of , 20
Signed Date , 20
City Clerk of Waterloo, Iowa
County Signature Block (County Projects Only)
This agreement was approved by official action of the Black Hawk County Board of Supervisors in official session on
the day of , 20
County Auditor Chair, County Board of Supervisors
IOWA DEPARTMENT OF TRANSPORTATION
Highway Division
By Date , 20
Robert A. Welper, P.E.
Local Systems Engineer
District 2
Page 129 of 158
April 2016
EXHIBIT 1
General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects
Unless otherwise specified in this agreement, the Recipient shall be responsible for the following:
1. General Requirements.
a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and
regulations. To assist the Recipient, the Department has provided guidance in the Federal -aid Project
Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are
referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/
publications/im/Ipa_ims.htm. The Recipient shall follow the applicable procedures and guidelines
contained in the Guide and I.M.s in effect at the time project activities are conducted.
b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination
laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the
basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the
Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual
orientation, gender identity, national origin, religion, pregnancy, or disability. The Recipient agrees to
comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements.
c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990
(ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal
Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA
Requirements. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall
make such facilities compliant with the ADA and Section 504.
d. To the extent allowable by law, the Recipient agrees to indemnify, defend, and hold the Department
harmless from any action or liability arising out of the design, construction, maintenance, placement of
traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold
harmless applies to all aspects of the Department's application review and approval process, plan and
construction reviews, and funding participation.
e. As required by the 2 CFR 200.501 "Audit Requirements," a non -Federal entity expending $750,000 or
more in Federal awards in a year shall have a single or program -specific audit conducted for that year in
accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR
200. The Federal funds provided by this agreement shall be reported on the appropriate Schedule of
Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA)
number and title as shown on the first page of this agreement. If the Recipient will pay initial project costs
and request reimbursement from the Department, the Recipient shall report this project on its SEFA. If the
Department will pay initial project costs and then credit those accounts from which initial costs were paid,
the Department will report this project on its SEFA. In this case, the Recipient shall not report this project
on its SEFA.
f. The Recipient shall supply the Department with all information required by the Federal Funding
Accountability and Transparency Act of 2006 and 2 CFR Part 170,
g. The Recipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements:
The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any DOT -assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49
CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts.
ii. The Recipient shall comply with the requirements of I.M. 3.710, DBE Guidelines.
The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal
Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this
program is a legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the Recipient of its failure to carry out its approved program, the
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EXHIBIT 1
Page 2
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. 3801 et seq.).
h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the
limitations set forth below, the Department shall have the right to terminate this agreement without penalty
and without any advance notice as a result of any of the following: 1) The Federal government, legislature
or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the
Department to either meet its obligations under this agreement or to operate as required and to fulfill its
obligations under this agreement; or 2) If funds are de -appropriated, reduced, not allocated, or receipt of
funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder
are insufficient or unavailable for any other reason as determined by the Department in its sole discretion;
or 3) If the Department's authorization to conduct its business or engage in activities or operations
related to the subject matter of this agreement is withdrawn or materially altered or modified. The
Department shall provide the Recipient with written notice of termination pursuant to this section.
2. Programming and Federal Authorization.
a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation
(RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The
Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the
Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the
project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized.
b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient
shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The
Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the
Recipient's request, the Department will forward the request to the FHWA for authorization and obligation
of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The
cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds.
3. Federal Participation in Work Performed by Recipient Employees.
a. If Federal reimbursement will be requested for engineering, construction inspection, right-of-way
acquisition or other services provided by employees of the Recipient, the Recipient shall follow the
procedures in I.M. 3.310, Federal -aid Participation in In -House Services.
b. If Federal reimbursement will be requested for construction performed by employees of the Recipient, the
Recipient shall follow the procedures in I.M. 3.810, Federal -aid Construction by Local Agency Forces.
c. If the Recipient desires to claim indirect costs associated with work performed by its employees, the
Recipient shall prepare and submit to the Department an indirect cost rate proposal and related
documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs,
such indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the
largest amount of Federal funds to the Recipient. If approved, the approved indirect cost rate shall be
incorporated by means of an amendment to this agreement.
4. Design and Consultant Services
a. The Recipient shall be responsible for the design of the project, including all necessary plans,
specifications, and estimates (PS&E). The project shall be designed in accordance with the design
guidelines provided or referenced by the Department in the Guide and applicable I.M.s.
b. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall
prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require
a qualifications -based selection process. The Recipient shall follow the procedures for selecting and
using consultants outlined in I.M. 3.305, Federal -aid Participation in Consultant Costs.
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EXHIBIT 1
Page 3
c. If Preliminary Engineering (PE) work is Federally funded, and if right-of-way acquisition or actual
construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which
the Federal funds were authorized, the Recipient shall repay to the Department the amount of Federal
funds reimbursed to the Recipient for such PE work. PE includes work that is part of the development of
the PS&E for a construction project. This includes environmental studies and documents, preliminary
design, and final design up through and including the preparation of bidding documents. PE does not
include planning or other activities that are not intended to lead to a construction project. Examples
include planning, conceptual, or feasibility studies.
5. Environmental Requirements and other Agreements or Permits.
a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA
requirements for project environmental studies including historical/cultural reviews and location approval.
The Recipient shall complete any mitigation agreed upon in the FHWA approval document. These
procedures are set forth in I.M. 3.105, Concept Statement Instructions, 3.110, Environmental Data Sheet
Instructions, 3.112, FHWA Environmental Concurrence Process, and 3.114, Cultural Resource
Guidelines.
b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the
Recipient shall follow the procedures in I.M. 3.120, Farmland Protection Policy Act Guidelines.
c. The Recipient shall obtain project permits and approvals, when necessary, from the Iowa Department of
Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of
Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies
as required. The Recipient shall follow the procedures in I.M. 3.130, 404 Permit Process, 3.140, Storm
Water Permits, 3.150, Highway Improvements in the Vicinity of Airports or Heliports, and 3.160, Asbestos
Inspection, Removal and Notification Requirements.
d. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that
exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act
and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In
such contracts, the Recipient shall stipulate that any facility to be utilized in performance of or to benefit
from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities
or is under consideration to be listed.
6. Right -of -Way, Railroads and Utilities.
a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall
provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M.
3.605, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency
Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance
with the required procedures, even if no Federal funds are used for right-of-way activities. The Recipient
shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval,
hardship and protective buying is possible. If the Recipient requests Federal funding for right-of-way
acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right-of-
way.
b. If the project right-of-way is Federally funded and if the actual construction is not undertaken by the close
of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the
Recipient shall repay the amount of Federal funds reimbursed for right-of-way costs to the Department.
c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient shall
obtain agreements, easements, or permits as needed from the railroad. The Recipient shall follow the
procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving
Railroads.
d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid
Highway Right of Way for projects on non -primary Federal -aid highways. For projects connecting to or
involving some work inside the right-of-way for a primary highway, the Recipient shall follow the
Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation,
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EXHIBIT 1
Page 4
alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal funding
reimbursement. The Recipient should also use the procedures outlined in I.M. 3.640, Utility
Accommodation and Coordination, as a guide to coordinating with utilities.
e. If the Recipient desires Federal reimbursement for utility costs, it shall submit a request for FHWA
Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in
I.M. 3.650, Federal -aid Participation in Utility Relocations.
7. Contract Procurement.
The following provisions apply only to projects involving physical construction or improvements to
transportation facilities:
a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a
professional engineer or architect, as applicable, licensed in the State of Iowa.
b. For projects let through the Department, the Recipient shall be responsible for the following:
i. Prepare and submit the PS&E and other contract documents to the Department for review and
approval in accordance with I.M. 3.505, Check and Final Plans and I.M. 3.510, Check and Final
Bridge or Culvert Plans, as applicable.
ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge
Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual
construction items shall be approved by the Department
iii. Follow the procedures in I.M. 3.730, Iowa DOT Letting Process, to analyze the bids received, make a
decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract
is awarded, execute the contract documents and return to Department.
c. For projects that are let locally by the Recipient, the Recipient shall follow the procedures in I.M. 3.720,
Local Letting Process, Federal -aid.
d. The Recipient shall forward a completed Project Development Certification (Form 730002) to the
Department in accordance with I.M. 3.750, Project Development Certifications Instructions. The project
shall not receive FHWA Authorization for construction or be advertized for bids until after the Department
has reviewed and approved the Project Development Certification.
e. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code
section 26.12.
f. The Recipient shall not provide the contractor with notice to proceed until after receiving written notice the
Iowa DOT has concurred in the contract award.
8. Construction.
a. A full-time employee of the Recipient shall serve as the person in responsible charge of the construction
project. For cities that do not have any full time employees, the mayor or city clerk will serve as the
person in responsible charge, with assistance from the Department.
b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall
conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC
Chapter 130. The safety of the general public shall be assured through the use of proper protective
measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary.
c. For projects let through the Department, the project shall be constructed under the Department's
Standard Specifications for Highway and Bridge Construction and the Recipient shall comply with the
procedures and responsibilities for materials testing according to the Department's Materials I.M.s.
Available on-line at: http://www.iowadot.gov/erl/current/IM/navigation/nay.htm.
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EXHIBIT 1
Page 5
d. For projects let locally, the Recipient shall provide materials testing and certifications as required by the
approved specifications.
e. If the Department provides any materials testing services to the Recipient, the Department will bill the
Recipient for such testing services according to its normal policy as per Materials I.M. 103.
f. The Recipient shall follow the procedures in I.M. 3.805, Construction Inspection, and the Department's
Construction Manual, as applicable, for conducting construction inspection activities.
9. Reimbursements.
a. After costs have been incurred, the Recipient shall submit to the Department periodic itemized claims for
reimbursement for eligible project costs. Requests for reimbursement shall be made at least annually but
not more than bi-weekly.
b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be
submitted to the Department by August 1 if possible, but no later than August 15.
c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement
is requested, have been reviewed by an official or governing board of the Recipient, are reasonable and
proper, have been paid in full, and were completed in substantial compliance with the terms of this
agreement.
d. The Department will reimburse the Recipient for properly documented and certified claims for eligible
project costs. The Department may withhold up to 5% of the Federal share of construction costs or 5% of
the total Federal funds available for the project, whichever is less. Reimbursement will be made either by
State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or
review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the
overpaid amount to the Department. After the final audit or review is complete and after the Recipient has
provided all required paperwork, the Department will release the Federal funds withheld.
e. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total
funds collected shall include any Federal or State funds received, any special assessments made by the
Recipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities)
or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues
generated by the project. The total project costs shall include all costs that can be directly attributed to the
project. In the event that the total funds collected by the Recipient do exceed the total project costs, the
Recipient shall either:
1) in the case of special assessments, refund to the assessed property owners the excess special
assessments collected (including interest and penalties associated with the amount of the excess), or
2) refund to the Department all funds collected in excess of the total project costs (including interest and
penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds.
In return, the Department will either credit reimbursement billings to the FHWA or credit the
appropriate State fund account in the amount of refunds received from the Recipient.
10. Project Close-out.
a. Within 30 days of completion of construction or other activities authorized by this agreement, the
Recipient shall provide written notification to the Department. The Recipient shall follow and request a
final audit, in accordance with the procedures in I.M. 3.910, Final Review, Audit, and Close-out
Procedures for Federal -aid Projects.
b. For construction projects, the Recipient shall provide a certification by a professional engineer, architect,
or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was
completed in substantial compliance with the project plans and specifications.
c. Final reimbursement of Federal funds shall be made only after the Department accepts the project as
complete.
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d. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other
evidence pertaining to costs incurred for the project. The Recipient shall also make these materials
available at all reasonable times for inspection by the Department, FHWA, or any authorized
representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient
if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the
final closure document. Upon receipt of FHWA approval of the final closure document, the Department
will notify the Recipient of the record retention date.
e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner
acceptable to the Department and the FHWA.
Page 135 of 158
CITY OF WATERLOO
Council Communication
Resolution approving contract with 4C's Consulting, LLC, of Waterloo, Iowa for consulting services to
conduct a media, multi -media Children Traffic Safety Awareness Campaign in the amount of $37,500, and
authorize Mayor and City Clerk to execute said document.
City Council Meeting: 6/12/2017
Prepared: 6/7/2017
REVIEWERS:
Department Reviewer Action Date
Traffic Operations Even, LeAnn Approved 6/7/2017 - 12:06 PM
ATTACHMENTS:
Description Type
D 4C's Consulting Agreement Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Background Information:
Resolution approving contract with 4C's Consulting, LLC, of Waterloo,
Iowa for consulting services to conduct a media, multi -media Children
Traffic Safety Awareness Campaign in the amount of $37,500, and authorize
Mayor and City Clerk to execute said document.
Submitted By: Sandie Greco, Interim Public Works Director
Approve Resolution
4C's Consulting, LLC of Waterloo, Iowa will be conducting a children
traffic safety awareness media, multi -media campaign within the area covered
by the Metropolitan Planning Organization. The contract amount is $37,500
and is funded through Federal Surface Transportation Block Grant Program
with 20% City match.
$37,500.00
$30,000 - IDOT - Federal Surface Transportation Block Grant
$ 7,500 - GO Bond
This meets Goal 2 - Strategy 2.2 to Implement a Community Policing
Strategy that creates a safe environment in Waterloo - to Enlist all City
departments and staff members in efforts to promote a safer community.
For more than 10 years Traffic Operations Department has been conducting
traffic safety awareness campaigns. This is another part of this continuing
effort to improve public safety.
Page 136 of 158
4C's Consulting, LLC
April 17, 2017
Owner Project No. TOF-271
Iowa DOT Project No. STP -U-
8155(756)--70-07
Standard Consultant Contract
For Local Public Agency Consultant Contracts with Federal -aid Participation
This AGREEMENT, made as of the date of the last party's signature below, is by and
BETWEEN City of Waterloo, the Owner, located at:
715 Mulberry Street
Waterloo, Iowa 50703
Phone: (319) 291-4440 FAX: (319) 291-4094
and 4C's Consulting, LLC, the Consultant, located at:
1408 Oakcrest Dr., Waterloo, IA 50701
Phone: (319) 530-5426 FAX: (319) 833-8193
For the following Project: MPO -Wide Children Traffic Safety Awareness Campaign
The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa
Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S.
Department of Transportation (when applicable).
The Owner desires to employ the Consultant to provide video production, television broadcast and social
medial marketing,
and limited public relations services to assist with the development and completion of the Project. The
Consultant is willing to perform these services in accordance with the terms of this Agreement.
Page 1 of 21
Page 137 of 158
TABLE OF CONTENTS
Article Number And Description
1 Initial Information
1.1 Project Parameters
1.2 Financial Parameters
1.3 Project Team
1.4 Time Parameters
2 Entire Agreement, Required Guidance and Applicable Law
2.1 Entire Agreement of the Parties
2.2 Required Guidance
2.3 Applicable Law
3 Form of Compensation
3.1 Method of Reimbursement for the Consultant
3.2 Subconsultant's Responsibilities for Reimbursement
4 Terms and Conditions
4.1 Ownership of Engineering Documents
4.2 Subconsultant Contract Provisions and Flow Down
4.3 Consultant's Endorsement on Plans
4.4 Progress Meetings
4.5 Additional Documents
4.6 Revision of Work Product
4.7 Extra Work
4.8 Extension of Time
4.9 Responsibility for Claims and Liability
4.10 Current and Former Agency Employees (Conflicts of Interest)
4.11 Suspension of Work
4.12 Termination of Agreement
4.13 Right to Set-off
4.14 Assignment or Transfer
4.15 Access to Records
4.16 Iowa DOT and FHWA Participation
4.17 Nondiscrimination Requirements
4.18 Compliance with Title 49, Code of Federal Regulations, Part 26
4.19 Severability
Attachment A
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I -
1
4C's Consulting, LLC
April 17, 2017
- Scope of Services
- Fees and Payments
- Certification Regarding Debarment, Suspension, and Other Responsibility Matters
- Certification of Consultant
- Certification of Owner
- Sample Invoice Form
- Consultant Fee Proposal
Subconsultant Scope and Budget
Page 2 of 21
Page 138 of 158
4C's Consulting, LLC
April 17, 2017
ARTICLE 1 INITIAL INFORMATION
This Agreement is based on the following information and assumptions.
1.1 Project Parameters
The objective or use is: To increase children traffic safety awareness.
1.2 Financial Parameters
1.2.1 Amount of the Owner's budget for the Consultant's compensation is:
$37,500
1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is:
$12,700
1.3 Project Team
1.3.1 The Owner's Designated Representative, identified as the Contract Administrator is:
Mohammad Elahi
The Contract Administrator is the authorized representative, acting as liaison officer for the Owner
for purpose of coordinating and administering the work under the Agreement. The work under this
Agreement shall at all times be subject to the general supervision and direction of the Contract
Administrator and shall be subject to the Contract Administrator's approval.
1.3.2 The Consultant's Designated Representative is:
A. Denita Gadson
1.3.3 The subconsultants retained at the Consultant's expense are identified in the following table:
Subconsultant Amount Authorized Maximum Amount Payable Method of Payment
Cocoa Creative $12,700 12,700 Lump -Sum -
Progressive Invoicing
1.4 Time Parameters
1.4.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed
from the Owner.
1.4.2 Milestones for completion of the work under this Agreement as follows:
1. Phase I. Work will commence with: creating marketing plan to include research to identify
messaging to children, appropriate channels to reach target audience, preferably television
advertisements and social media; conducting pre -production (create graphics, story boards &
mock up; and shooting video. This phase should be completed and accepted in 60 calendar
days after receiving the notice to proceed.
2. Phase II. The Consultant begins to execute the plan. The final video, marketing and promotion
using social media and offline channels will be completed in a manner acceptable to the Owner
on or before September 8, 2017 or 120 days after receiving the notice to proceed.
3. Phase III -Wrap Up. The Consultant will assemble analytics and present a final report. We
will prepare a case study of the project with future recommendations. Completion of all work
under this agreement shall be on or before October 6, 2017 unless extended by written
approval of the Contract Administrator or adjusted by supplemental agreement.
1.4.3 The Consultant shall not begin activities until after the Owner has been notified by the Iowa DOT
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that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the
Owner will provide the Consultant notice to proceed.
ARTICLE 2 ENTIRE AGREEMENT, REQUIRED GUIDANCE, AND APPLICABLE LAW
2.1 Entire Agreement of the Parties. This Agreement, including its attachments, represents the entire and
integrated agreement between the Owner and the Consultant and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both Owner and Consultant. This Agreement comprises the documents listed as
attachments in the Table of Contents. The work to be performed by the Consultant under this Agreement
shall encompass and include all detail work, services, materials, equipment and supplies necessary to
prepare and deliver the scope of services provided in Attachment A.
2.2 Required Guidance. All services shall be in conformity with the Specifications outlined in Attachment B, the
Iowa Department of Transportation Federal -aid Project Development Guide, Instructional Memorandums to
Local Public Agencies (I.M.$), and other standards, guides or policies referenced therein. In addition,
applicable sections of the U.S. Department of Transportation Federal Aid Policy Guide (FAPG) shall be used
as a guide in preparation of plans, specifications and estimates.
2.3 Applicable Law. The laws of the State of Iowa shall govern and determine all matters arising out of or in
connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any
proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the
exclusive jurisdiction for the proceeding shall be brought in the Black Hawk County District Court of
Waterloo, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including
without limitation sovereign immunity in State or Federal court, which may be available to the Owner. The
Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work
performed under this Agreement.
ARTICLE 3 FORM OF COMPENSATION
3.1 Method of Reimbursement for the Consultant.
3.1.1 Compensation for the Consultant shall be computed in accordance with one of the following
compensation methods, as defined in Attachment C: (mark method selected with an [X])
.1 [ ] Cost Plus Fixed Fee - Attachment C
.2 X Lump Sum - Attachment C
.3 [ ] Specific Rate of Compensation - Attachment C
.4 [ ] Unit Price - Attachment C
.5 [ ] Fixed Overhead Rate - Attachment C
3.1.2 When applicable, compensation for the subconsultant(s) shall be computed in accordance with one
of the payment methods listed in section 3.1.1. Refer to section 1.3.3 for identification of the method of
payment utilized in the subconsultant(s) contract. The compensation method utilized for each subconsultant
shall be defined within the subconsultant contract to the Consultant.
3.2 Subconsultant's Responsibilities for Reimbursement. The Consultant shall require the subconsultants
(if applicable) to notify them if they at any time determine that their costs will exceed their estimated actual
costs. The Consultant shall not allow the subconsultants to exceed their estimated actual costs without
prior written approval of the Contract Administrator. The prime Consultant is cautioned that cost under -
runs associated with any subconsultant's contract are not available for use by the prime Consultant or other
subconsultant unless the Contract Administrator, Iowa DOT, and FHWA (when applicable) have given
prior written approval.
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ARTICLE 4 TERMS AND CONDITIONS
4.1 Ownership of Engineering Documents
4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared
under this Agreement shall become the property of the Owner and shall be delivered to the Contract
Administrator upon completion of the plans or termination of the services of the Consultant. There shall be
no restriction or limitation on their future use by the Owner, except any use on extensions of the project or
on any other project without written verification or adaptation by the Consultant for the specific purpose
intended will be the Owner's sole risk and without liability or legal exposure to the Consultant.
4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on
electronic media, as instruments of professional service. Nevertheless, the plans and specifications
prepared under this Agreement shall become the property of the Owner upon completion of the services
and payment in full of all moneys due to the Consultant.
4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall
conform to the specifications listed in Attachment B. Any change to these specifications by either the Owner
or the Consultant is subject to review and acceptance by the other party. Additional efforts by the
Consultant made necessary by a change to the CADD software specifications shall be compensated for as
Additional Services.
4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and
the respective construction documents due to addenda, change orders or other revisions. In the event of a
conflict between the signed construction documents prepared by the Consultant and electronic files, the
signed construction documents shall govern.
4.1.5 The Owner may reuse or make modifications to the plans and specifications, or electronic files
while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of
the plans and specifications.
4.2 Subconsultant Contract Provisions and Flow Down
4.2.1 All provisions of this Agreement between the Owner and Consultant shall also apply to all
subconsultants hired by the Consultant to perform work pursuant to this Agreement. It is the Consultant's
responsibility to ensure all contracts between Consultant and its subconsultants contain all provisions
required of Consultant in this Agreement. The only recognized exception to this requirement is under
provision 3.1.2 when the subconsultant has a different method of reimbursement than the Consultant.
4.2.2 The Consultant may not restrict communications between the Owner and any of the
subconsultants. The Consultant will encourage open communication among the Owner, the Consultant
and the subconsultants.
4.3 Consultant's Endorsement on Plans. The Consultant and its subconsultants shall endorse and certify the
completed project deliverables prepared under this Agreement, and shall affix thereto the seal of a
professional engineer or architect (as applicable), licensed to practice in the State of Iowa, in accordance
with the current Code of Iowa and Iowa Administrative Code.
4.4 Progress Meetings. From time to time as the work progresses, conferences will be held at mutually
convenient locations at the request of the Contract Administrator to discuss details of the design and
progress of the work. The Consultant shall prepare and present such information and studies as may be
pertinent and necessary or as may be requested by the Contract Administrator, to enable the Contract
Administrator to pass judgment on the features and progress of the work.
4.5 Additional Documents. At the request of the Contract Administrator, the Consultant shall furnish
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sufficient documents, or other data, in such detail as may be required for the purpose of review.
4.6 Revision of Work Product
4.6.1 Drafts of work products shall be reviewed by the Consultant for quality control and then be
submitted to the Contract Administrator by the Consultant for review and comment. The comments
received from the Contract Administrator and the reviewing agencies shall be incorporated by the
Consultant prior to submission of the final work product by the Consultant. Work products revised in
accordance with review comments shall constitute "satisfactorily completed and accepted work." Requests
for changes on work products by the Contract Administrator shall be in writing. In the event there are no
comments from the Contract Administrator or reviewing agencies to be incorporated by the Consultant
into the final work product, the Contract Administrator shall immediately notify the Consultant, in writing,
that the work product shall constitute "satisfactorily completed and accepted work."
4.6.2 In the event that the work product prepared by the Consultant is found to be in error and revision or
reworking of the work product is necessary, the Consultant agrees that it shall do such revisions without
expense to the Owner, even though final payment may have been received. The Consultant must give
immediate attention to these changes so there will be a minimum of delay to the project schedule. The
above and foregoing is not to be construed as a limitation of the Owner's right to seek recovery of damages
for negligence on the part of the Consultant herein.
4.6.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and
accepted work product or parts thereof revised, the Consultant shall make such revisions if requested and
directed by the Contract Administrator in writing. This work will be paid for as provided in Article 4.7. The
Consultant will allow no more than three modifications culminating in the final version of each phase of the
project.
4.7 Extra Work. If the Consultant is of the opinion that any work it has been directed to perform is beyond the
scope of this Agreement, and constitutes "Extra Work," it shall promptly notify the Contract Administrator in
writing to that effect. In the event that the Contract Administrator determines that such work does
constitute "Extra Work", the Consultant shall promptly develop a scope and budget for the extra work and
submit it to the Contract Administrator. The Owner will provide extra compensation to the Consultant
upon the basis of actual costs plus a fixed fee amount, or at a negotiated lump sum. The Consultant shall
not proceed with "Extra Work" without prior written approval from the Owner and concurrence from the Iowa
DOT. Prior to receipt of a fully executed Supplemental Agreement and written Notice to Proceed, any cost
incurred that exceeds individual task costs, or estimated actual cost, or the maximum amount payable is at
the Consultant's risk. The Owner has the right, at its discretion, to disallow those costs. However, the
Owner shall have benefit of the service rendered.
4.8 Extension of Time. The time for completion of each phase of this Agreement shall not be extended because
of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event
of a delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays
beyond the reasonable control of the Consultant.
4.9 Responsibility For Claims And Liability
4.9.1 The Consultant agrees to defend, indemnify, and hold the Owner, the State of Iowa, the Iowa DOT,
their agents, employees, representatives, assigns and successors harmless for any and all liabilities, costs,
demands, losses, claims, damages, expenses, or attorneys' fees, including any stipulated damages or
penalties, which may be suffered by the Owner as the result of, arising out of, or related to, the negligence,
negligent errors or omissions, gross negligence, willfully wrongful misconduct, or breach of any covenant or
warranty in this Agreement of or by the Consultant or any of its employees, agents, directors, officers,
subcontractors or subconsultants, in connection with this Agreement.
4.9.2 The Consultant shall obtain and keep in force insurance coverage for professional liability (errors
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and omissions) with a minimum limit of $1,000,000 per claim and in the aggregate, and all such other
insurance required by law. Proof of Consultant's insurance for professional liability coverage and all such
other insurance required by law will be provided to the Owner at the time the contract is executed and upon
each insurance coverage renewal.
4.10 Current and Former Agency Employees (Conflicts of Interest)
The Consultant shall not engage the services of any current employee of the Owner or the Iowa DOT
unless it obtains the approval of the Owner or the Iowa DOT, as applicable, and it does not create a conflict
of interest under the provisions of Iowa Code section 68B.2A. The Consultant shall not engage the services
of a former employee of the Owner or the Iowa DOT, as applicable, unless it conforms to the two-year ban
outlined in Iowa Code section 686.7. Similarly, the Consultant shall not engage the services of current or
former FHWA employee without prior written consent of the FHWA, and the relationship meets the same
requirements for State and local agency employees set forth in the above -referenced Iowa Code sections
and the applicable Federal laws, regulations, and policies.
4.11 Suspension of Work under this Agreement
4.11.1 The right is reserved by the Owner to suspend the work being performed pursuant to this
Agreement at any time. The Contract Administrator may effect such suspension by giving the Consultant
written notice, and it will be effective as of the date established in the suspension notice. Payment for the
Consultant's services will be made by the Owner to the date of such suspension, in accordance with the
applicable provisions in Article 4.12.2 or Article 4.12.3 below.
4.11.2 Should the Owner wish to reinstate the work after notice of suspension, such reinstatement may be
accomplished by thirty (30) days' written notice within a period of one year after such suspension, unless
this period is extended by written consent of the Consultant.
4.11.3 In the event the Owner suspends the work being performed pursuant to this Agreement the
Consultant with approval from the Contract Administrator, has the option, after 180 days to terminate the
contract.
4.12 Termination of Agreement
4.12.1 The right is reserved by the Owner to terminate this Agreement at any time and for any reason upon
not less than thirty (30) days written notice to the Consultant.
4.12.2 In the event the Agreement is terminated by the Owner without fault on the part of the Consultant,
the Consultant shall be paid for the reasonable and necessary work performed or services rendered and
delivered up to the effective date or time of termination. The value of the work performed and services
rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract
Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus actual
costs, as identified in Attachment C. Actual costs to be reimbursed shall be determined by audit of such
costs to the date established by the Contract Administrator in the termination notice, except that actual
costs to be reimbursed shall not exceed the Maximum Amount Payable.
4.12.3 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the
Consultant shall be paid only for work satisfactorily performed and delivered to the Contract Administrator
up to the date established by the termination notice. After audit of the Consultant's actual costs to the date
established by the Contract Administrator in the termination notice and after determination by the
Contract Administrator of the amount of work satisfactorily performed, the Contract Administrator shall
determine the amount to be paid to the Consultant.
4.12.4 This Agreement will be considered completed when the scope of the project has progressed
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sufficiently to make it clear that the video and subsequent marketing/public relation activities can be
completed without further revisions in that work, or if the Consultant is released prior to such time by written
notice.
4.13 Right to Set-off. In the event that the Consultant owes the Owner any sum under the terms of this
Contract, the Owner may set off the sum owed to the Owner against any sum owed by the Owner to the
Consultant under any other contract or matter in the Owner's sole discretion, unless otherwise required by
law. The Consultant agrees that this provision constitutes proper and timely notice of the Owner's intent to
utilize any right of set-off.
4.14 Assignment or Transfer. The Consultant is prohibited from assigning or transferring all or a part of its
interest in this Agreement, unless written consent is obtained from the Contract Administrator and
concurrence is received from the Iowa DOT and FHWA, if applicable.
4.15 Access to Records. The Consultant is to maintain all books, documents, papers, accounting records and
other evidence pertaining to this Agreement and to make such materials available at their respective offices
at all reasonable times during the agreement period, and for three years from the date of final closure of the
Federal -aid project with FHWA, for inspection and audit by the Owner, the Iowa DOT, the FHWA, or any
authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested.
4.16 Iowa DOT and FHWA Participation. The work under this Agreement is contingent upon and subject to the
approval of the Iowa DOT and FHWA, when applicable. The Iowa DOT and FHWA shall have the right to
participate in the conferences between the Consultant and the Owner, and to participate in the review or
examination of the work in progress as well as any final deliverable.
4.17 Nondiscrimination Requirements.
4.17.1 During the performance of this Agreement, the Consultant agrees to comply with the regulations of
the U.S. Department of Transportation, contained in Title 49, Code of Federal Regulations, Part 21, and the
Code of Iowa. The Consultant will not discriminate on the grounds of race, religion, age, physical disability,
color, sex, sexual orientation, or national origin in its employment practices, in the selection and retention of
subconsultants, and in its procurement of materials and leases of equipment.
4.17.2 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to
be performed under a subcontract, including procurement of materials or equipment, each potential
subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this
contract and the regulations relative to nondiscrimination on the grounds of race, religion, age, physical
disability, color, sex, sexual orientation, or national origin.
4.17.3 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA may
determine to be appropriate, including, but not limited to withholding of payments to the Consultant under
the Agreement until the Consultant complies, or the Agreement is otherwise suspended or terminated.
4.17.4 The Consultant shall comply with the following provisions of Appendix A of the U.S. DOT Standard
Assurances:
During the performance of this contract, the Consultant, for itself, its assignees and successors in interest
(hereinafter referred to as the "Consultant') agrees as follows:
1. Compliance with Regulations: The Consultant shall comply with the Regulations relative to non-
discrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT')
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this
contract.
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2. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and
retention of subconsultants, including procurement of materials and leases of equipment. The
Consultant shall not participate either directly or indirectly in the discrimination prohibited by section
21.5 of the Regulations, including employment practices when the contract covers a program set forth
in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the Consultant for work to be performed under a
subcontract, including procurement of materials or leases of equipment, each potential subconsultant or
supplier shall be notified by the Consultant of the Consultants obligations under this contract and the
Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or
disability.
4. Information and Reports: The Consultant shall provide all information and reports required by the
Regulations or directives issued pursuant there to, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Owner, the Iowa
Department of Transportation or Federal Highway Administration to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of a Consultant is in the
exclusive possession of another who fails or refuses to furnish this information the Consultant shall so
certify to the Owner, the Iowa Department of Transportation or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Consultants noncompliance with the
nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it, the
Iowa Department of Transportation or the Federal Highway Administration may determine to be
appropriate, including, but not limited to:
a. withholding of payments to the Consultant under the contract until the Consultant complies,
and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs (1) through
(6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with
respect to any subcontract or procurement as the Owner, the Iowa Department of Transportation or the
Federal Highway Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance: provided, however, that, in the event a Consultant becomes involved in, or is
threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant
may request the Owner or the Iowa Department of Transportation to enter into such litigation to protect
the interests of the Owner or the Iowa Department of Transportation; and, in addition, the Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
4.18 Compliance with Title 49, Code of Federal Regulations, Part 26
4.18.1 The Consultant agrees to ensure that disadvantaged business enterprises (DBEs) as defined in 49
CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this Agreement. In this regard the Consultant
and all of its subconsultants shall take all necessary and reasonable steps in compliance with the Iowa DOT
DBE Program to ensure disadvantaged business enterprises have the maximum opportunity to compete for
and perform contracts.
4.18.2 The Consultant shall pay its subconsultants for satisfactory performance of their work no later than
30 days from receipt of each payment it receives from the Owner for such work. If the Owner holds
retainage from the Consultant, the Consultant may also withhold retainage from its subconsultant(s). If
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retainage is withheld from a subconsultant, full payment of such retainage shall be made within 30 days after
the subconsultant's work is satisfactorily completed.
4.18.3 Upon notification to the Consultant of its failure to carry out the requirements of this Article, the
Owner, the Iowa DOT, or the FHWA may impose sanctions which may include termination of the Agreement
or other measures that may affect the ability of the Consultant to obtain future U.S. DOT financial
assistance. The Consultant is hereby advised that failure to fully comply with the requirements of this Article
shall constitute a breach of contract and may result in termination of this Agreement by the Owner or such
remedy as the Owner, Iowa DOT or the FHWA deems appropriate, which may include, but is not limited to:
1. withholding monthly progress payments;
2. assessing sanctions;
3. liquidated damages; and / or
4.19 Severability. If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional,
such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part
thereof not adjudged invalid or unconstitutional.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials
thereunto duly authorized as of the dates below.
By
4C's Consulting, LLC
Augu : a Gadson
CEO, 4C's Consulting, LLC
Date:
ATTEST:
By Date:
By Date:
Quentin Hart
Mayor
IOWA DEPARTMENT OF TRANSPORTATION
Accepted for FHWA Authorization*
By
Name
Title
Date:
* The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is
indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds.
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ATTACHMENT A
Scope of Services
Project
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The "MPO -Wide Children's Traffic Safety" campaign will begin near the start of summer (2017) and run through early
fall (2017). The goal of the campaign is to increase children traffic safety awareness at the local community level.
This campaign will bring heightened awareness of the dangers attributed to traffic.
The use of online media, out of home digital displays, video production, graphic design, public relations, and print
media will be explored and best option selected to reach the target audience. The Consultants will collaborate with
local businesses and organizations, creating an opportunity for them contribute to the campaign through cross
marketing engagement that will yield financial support to the Cedar Valley Drive Safe program.
There will be monthly progress reporting by the Consultant. If the Consultant is of the opinion additional effort will be
required, the Consultant will so notify the Contract Administrator, in accordance with Paragraph 4.7. The
Contract Administrator will provide written approval or disapproval for the Consultant to incorporate said update
into the work and indicate how payment for such work will be addressed.
Tasks
Task 1: Conduct market research and create a marketing plan to include research to identify messaging to
children. Research and explore use of mass media, online media, out of home digital displays, video
production, graphic design, and print media to select the best option to reach the target audience.
Task 2: Contact local businesses and organizations to explore creating an opportunity for them contribute to
the campaign through, donated time and service and cross marketing engagement to yield financial support
or extend the reach over time of the project.
Task 3: Produce monthly progress reports and Invoices and administration work
Task 4: Overall management of the project including production, placement of advertisements and
marketing programs in local media, news release and publicity, and administrative tasks.
Cocoa Creative, the subconsultant, will be handling video production, graphic design, interactive media creative and
production, and post -campaign analytics.
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ATTACHMENT C (referenced from 3.1)
Lump Sum
3.1.1 FEES AND PAYMENTS
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3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of
this Agreement, the Consultant shall be paid fees on a lump sum basis and payment of this amount shall be
considered as full and complete compensation for all work, materials and services furnished under the terms
of this Agreement. The lump sum amount shall be $ 37,500. The estimated staff hours and fees are shown
in Attachment H-1*
The lump sum amount will not be changed unless there is a substantial change in the magnitude, scope,
character, or complexity of the services from those covered in this Agreement. Any change in the lump sum
amount will be by Supplemental Agreement.
3.1.1.2 Reimbursable Costs. Reimbursement of costs is limited to those that are attributable to the specific work
covered by this Agreement and allowable under the provisions of the Code of Federal Regulations (CFR),
Title 48, Federal Acquisition Regulation System, Subchapter E., Part 30 (when applicable), and Part 31,
Section 31.105 and Subpart 31.2. In addition to Title 48 requirements, for meals to be eligible for
reimbursement, an overnight stay will be required.
3.1.1.3 Premium Overtime Pay. Not applicable.
3.1.1.4 Payments. Monthly payments for work completed shall be based on the percentage of work completed and
substantiated by monthly progress reports. The Contract Administrator will check such progress reports
and payment will be made for the proportional amount of the lump sum fee. The Owner shall retain from
each monthly payment for construction inspection or construction administration services 0% of the amount
due.**
Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing
cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from
prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by the
Contract Administrator.
Upon completion, delivery, and acceptance of all work contemplated under this Agreement, the Consultant
shall submit one complete invoice statement for the balance of the lump sum fee. Payment of 100% of the
total cost claimed, inclusive of retainage, if applicable, will be made upon receipt and review of such claim.
The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit.
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ATTACHMENT D
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS
Instructions for Certification
1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out
below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot
provide the certification set out below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction. However, failure of the prospective
primary participant to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the
Federal Government, the department or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the department or agency to whom
this proposal is submitted if at any time the prospective primary participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person" "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used
in this clause, have the meanings set out in the definitions and coverage sections of the rules implementing
Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for
assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who
is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction," provided by the department or agency entering into this covered transaction, without modification in
all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check
the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to
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the Federal Government, the department or agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State Antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
and
(d) Have not within a three-year period preceding this application /proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
State of Iowa Black Hawk County I, Augusta Denita Gadson, CEO of the 4C's Consulting, LLC Company, being duly
sworn (or under penalty of perjury under the laws of the United States and the State of Iowa) do hereby certify that
the above Statements are true and correct.
Subscribed and sworn to this 17 day of April
(month)
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2017
(year)
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ATTACHMENT E
CERTIFICATION OF CONSULTANT
I hereby certify that I, Augusta Gadson, am the CEO and duly authorized representative of the firm of 4C's
Consulting, LLC, whose address is 1408 Oakcrest Dr., Waterloo, IA 50701 or POB 4128, Waterloo, IA 50704, and
that neither the above firm nor I has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above Consultant) to
solicit or secure this contract,
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out the contract, or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or
in connection with, procuring or carrying out the contract; except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Iowa Department of Transportation and the Federal
Highway Administration, U.S. Department of Transportation, in connection with this contract involving
participation of Federalaid highway funds, and is subject to applicable, State and Federal laws, both criminal and
civil.
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Date
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ATTACHMENT F
CERTIFICATION OF OWNER
I hereby certify that I, Mohammad Elahi, am the traffic Engineer and the duly authorized representative of
the Owner, and that the above consulting firm or his representative has not been required, directly or
indirectly as an express or implied condition in connection with obtaining or carrying out this contract
to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the to the Iowa Department of Transportation and the
Federal Highway Administration, U.S. Department of Transportation, in connection with this contract
involving participation of Federal aid highway funds, and is subject to applicable State and Federal laws,
both criminal and civil.
5-2-6--2c11
Signature Date
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Consultant Name
Consultant Address
Consultant Address
ATTACHMENT G
Page 4
Lump Sum Progressive Invoice
Date
Invoice No. Client Project No.
Invoice Period Covered County
Consultant Job No. Client Project Description
Client Contract No.
Total Lump Sum Amount [Prime only]
Percentage Completed
Total
Less Amount Previously Billed
[Prime only]
Total Current Bill [Prime only]
Subconsultants
Name
Name
Name
Total
Current Labor Hours
Total Labor Hours Incurred To Date
Total Estimated Labor Hours
Note: When submitting more than the final invoice on a lump sum project, each progressive invoice shall be identified
as a "Progressive Invoice" (as in the above title).
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Consultant Name
Consultant Address
Consultant Address
ATTACHMENT G
Page 5
Lump Sum Final Invoice
Date
Invoice No. Client Project No.
Invoice Period Covered County
Consultant Job No. Client Project Description
Client Contract No.
Total Lump Sum Amount [Prime only]
Percentage Completed
Total
Less Amount Previously Billed
[Prime only]
Total Current Bill [Prime only]
Subconsultants
Name
Name
Name
Total
Current Labor Hours
Total Labor Hours Incurred To Date
Total Estimated Labor Hours
Note: When submitting a final invoice on a lump sum project, the final cumulative job cost report should be submitted
with the final invoice.
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Consultant Fee Proposal — Attachment H
Task
Description
Principal
Hour
Marketing/PR
Specialist
Hours
Total
1
Conduct market research and create a marketing plan to
include research to identify messaging to children. Research
and explore use of mass media, online media, out of home
digital displays, video production, graphic design, and print
media to select the best option to reach the target audience.
24
15
39
2
Contact local businesses and organizations to explore
creating an opportunity for them contribute to the campaign
through, donated time and service and cross marketing
engagement to yield financial support or extend the reach
over time of the project.
4
16
20
3
Produce monthly progress reports and Invoices and
administration work
2
5
7
4
Overall management of the project including production,
placing advertisements and marketing programs in local
media, news release and publicity.
20
4
24
Total hours
50
40
90
Compensation Rate /Hour (Includes overhead, fixed fee, direct
expenses, etc.)
$135
$65
n/a
Total Compensation
Media Placement
Subconsultant
$6,750
$2,600
$9,350
$15,450
$12,700
Total
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$37,500
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ATTACHMENT 1
Page 1 of 2
SUBCONSULTANT SCOPE AND BUDGET
Project Number: STP -U-8155(756)--70-07
State of Iowa
I hereby certify that 1, Terrence Thames, am the Owner and duly authorized representative
of the firm of Cocoa Creative, whose address is Des Moines, IA, and do hereby certify that
the below Scope of Services and Subconsultant Budget Proposals are a true and
accurate copy of the Scope of Services and Subconsultant Budget. Any changes to the
proposed Scope and Budget shall be documented, signed by both the Consultant and
subconsultant, and approved by the Contract Administrator.
Terrence Thames
Signature
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Date
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Cocoa Creative
Consultant Fee Proposal — Attachment I
Task
Description
Subconsultant
Allocated
Work Hours
Average
Hourly
Rate
Total
1
Pre -Production — Strategy & Research:
Research the target audiences, define the design problems,
clarify project parameters, set strategies, and agree upon
desired outcomes. This will include concepting, scripting,
storyboarding, talent, hiring crew/equipment, determine post -
production logistics.
40
$100
$4000
2
Creative Exploration & Design Development:
Work with the Consultant and the Drive Safe Cedar Valley
initiative to develop ideas to visually express the core
message. Develop a video and refine design direction for
final video and collateral materials.
• Production management for final videos are
executed, approved, and brought to market.
• A social media plan is executed that will
include consistent and relevant messaging
using text, videos and graphics that are in line
with the campaign's strategy.
• Oversee all aspects of content management
and ensure creatives are working across
platforms.
72
$100
$7200
3
Post -Production:
Prepare a final presentation for Drive Safe Cedar Valley
staff. Analytics will include:
• Social media metrics
• Online video analytics
Report will include feedback from the target audiences and
partners, and evaluate the campaign's impact based on the
analytics. Ideally, the information may be used to attract
future funding for the Drive Safe Cedar Valley campaign.
15
$100
$1500
Total hours
127
$100
Total Subconsultant
$12,700
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Owner Project No. TOF-271
Iowa DOT Project No. STP -U-8155(756)--70-07
Standard Consultant Contract
For Local Public Agency Consultant Contracts with Federal -aid Participation
This AGREEMENT, made as of the date of the last party's signature below, is by and
BETWEEN City of Waterloo, the Owner, located at:
715 Mulberry Street
Waterloo, Iowa 50703
Phone: (319) 291-4440 FAX: (319) 291-4094
and 4C's Consulting, LLC, the Consultant, located at:
1408 Oakcrest Dr., Waterloo, IA 50701
Phone: (319) 530-5426 FAX: (319) 833-8193
For the following Project: MPO -Wide Children Traffic Safety Awareness Campaign
The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa
Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S.
Department of Transportation (when applicable).
The Owner desires to employ the Consultant to provide video production, television broadcast and social
medial marketing,
and limited public relations services to assist with the development and completion of the Project. The
Consultant is willing to perform these services in accordance with the terms of this Agreement.
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