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Home My WebLink About2011-09-06 Resolutioni y 3W 6) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 1 1-970 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his /her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license /permit, to wit: Union Bar - 121 E. College Street Passed and approved this 6th day of September , 20 11 /k4 A--A< MAYOR Approved by ATTEST: CI CLERK City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: AYES: x —X — x x x x_ x NAYS: Mims the ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright V�a ..: c(17) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 11- RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Cragar Cigars - 821 Melrose Avenue Passed and approved this 6th day of September MAYOR 20 11 Approved by ATTEST: lL CIT CLERK City Attorney's Office 1 �� It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Mims the AYES: NAYS: ABSENT: x Bailey _x Champion X Dickens x Hayek x Mims x Wilburn _x Wright 3d(1) -- Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5410 RESOLUTION NO. 1 1 -279 RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 20, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER WORKS PRAIRIE PARK FLOOD MITIGATION IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Plant Site Well House Source Protection account # 3283. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 20th day of September, 2011, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City. Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 6th day of September , 20 11 /4R,A- �J MAYOR v / Approved by ATTEST: cZ J1 GV�At�pit� vt�Z`ZU '�t��`il✓ CITY ERK City Attorney's Office (31,1'1 rl Pwe ng /res/wtrwo rksfl ood m it- setph. d oc 8/11 Resolution No. 11 -272 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey X Champion x Dickens x Hayek X Mims x Wilburn Wright wpdata/glossary/resolution -ic. doc r0l Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5410 RESOLUTION NO. > > -� RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 20, 2011 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF PHASE I OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. 09. 5-1 f— 3d(2) WHEREAS, funds for this project are available in the First Avenue Storm Sewer Improvements account #3626. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 20th day of September, 2011, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 6th day of September , 20_LL__. ATTEST: 9- CITftLERK pweng \res11 stavessimprove - setph.doc 8111 PVC-( -�9 MAYOR Approved by ILC- City Attorney's Office 0 Resolution No. 11 -273 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X x x x x X X wpdata/glossa ry/resol ution-ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright I � 9-06-11 =._, CITY CJF IOWA CITY 3d(3) .Z11 A.9 h ®�� MEMORANDUM Date: August 26, 2011 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: 2011 Parking Ramp Repair Project Introduction: The Transportation Services Department is interested in funding the 2011 Parking Ramp Repair Project. The Public Hearing for Plans, Specifications, Form of Contract and Estimate of Cost will be set at the September 6, 2011 City Council Meeting for September 20, 2011. History /background: As a part of our ongoing facility maintenance we routinely perform repairs to concrete, caulk joints, expansion joints, etc., in order to maintain the integrity of the facilities. This project will allow us to repair and seal damaged caulk joints, in three of our facilities while also completing some minor concrete repairs. We plan to repair the caulk joints on the tops of the facilities to prevent water from leaking through the joints to lower levels of the parking decks. Discussion of Solution: Our initial intent was to perform repairs to caulk joints and concrete in- house, however, due to the duration of our LED installation project, we were not able to perform some the maintenance necessary this season. We would like to contract these services out through a competitive bidding process and have this work completed in late Fall and early Spring. Conclusion: We enlisted the services of VJ Engineering to complete a work detail and bid documents for the 2011 Ramp Repair Project. They estimated the cost of this project at $176,000.00 to be funded out of parking operations. This project will aid in extending the life of the parking facilities and help protect against more costly repairs in the future. Prepared by: Chris O'Brien, Director of Transportation Services, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5156 RESOLUTION NO. 11-974 RESOLUTION SETTING A PUBLIC HEARING ON TUESDAY, SEPTEMBER 20, 2011, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2011 PARKING RAMP REPAIR PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 3d- (-3) That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 20th day of September, 2011, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 6th day of September 20_LL_. ATTEST: l � - - 9 CITY LERK pwengknasters\setph.doc 9199 — Vl MAYOR Approved by City Attorney's Office Resolution No. 11 _ ?7Z Page It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _x_ Champion X Dickens X Hayek x Mims x Wilburn x Wright wpdata /glossary/resolution - ic.doc r 3d(4) CITY OF IOWA CITY MEMORANDUM Date: August 31, 2011 To: Tom Markus, City Manager From: Jeff Davidson, Director; Department of Planning and Community Development Re: Items for 9/6/11 City Council Meeting; Termination of kiosk agreement with Downtown Association; kiosk lease agreement with Wells Fargo Bank On the September 6 City Council meeting agenda is a motion to terminate an agreement between the City and the Downtown Association regarding the kiosks on the downtown pedestrian mall. This agreement was put in place in 2008 and was intended to facilitate commercial use of the kiosks by the DTA. I am not aware of any commercial activity that has occurred since the agreement was put into place. The City continues to post items in the kiosks periodically. A letter from the DTA concurring with the proposed termination is attached following. We have received the following request from the Moen Group to allow leasing of one of the pedestrian mall kiosks to Wells Fargo Bank. This would be in conjunction with a possible relocation of their facilities from their existing location to the Savings & Loan Building. Because of floor elevation issues, it is not possible to locate the kiosk in the conventional location on the exterior of the building. The September 6 City Council meeting also includes a resolution of intent and authorizing publication of a public hearing per Iowa Code Section 364.7. This is the preliminary step that is required for the leasing of public property to a private entity. At the September 20 City Council meeting we will conduct the public hearing and consider the lease agreement for Wells Fargo's use of the kiosk. I believe the proposal from Wells Fargo Bank to utilize a kiosk for the ATM is a win -win proposal for both the City and the private business. Thirty years ago the kiosks were originally intended for posting of information, pay phones, and newspaper vending. Technology has significantly reduced the usefulness of all of these functions, and the kiosks have been largely neglected. The proposed leasing to a private entity would produce a revenue stream of $500 per month for the City, and enable the kiosk to be maintained privately. The City would still be able to post information on the two sides of the kiosk not utilized by the bank. To clarify, the two actions on the 9/6 meeting agenda are to 1) terminate the existing kiosk agreement with the DTA and 2) to set a public hearing on the lease of the kiosk at the west end of the pedestrian mall to Wells Fargo Bank. I will be available at the 9/6 meeting to answer any questions cc: Wendy Ford, Economic Development Coordinator Marc Moen, Moen Group Sarah Holecek, Assistant City Attorney ppddi r /mem /kiosks081911- markusldoc August 17, 2011 Dale Helling Assistant City Manger City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Dale: Pursuant to our conversation and your discussion with the Downtown Association of Iowa City (DTA) board of directors, please accept this letter is evidence of our willingness to terminate the agreement between the City of Iowa City and the DTA in relation to management of the downtown display kiosks. The DTA board would like to request that downtown businesses and organizations planning events downtown continue to have access to posting material in the kiosks. Thank you for your attention to this matter and please contact me with any questions you may have. Sincerely, Nicholas Arnold Executive Director Downtown Association of Iowa City Downtown Association of Iowa City 325 E. Washington Street, Suite 100 Iowa City, IA 52240 m o e n g r o u p MANAGEMENT OFFICE MARL B. MOEN BOBBY JETT 221 E. COLLEGE STREET # 1301 IOWA CITY, IOWA 52240 marc @moengroup.com bobby @moengroup.com www.moengromp.com MARC CELL: 319.430.3010 BOBBY CELL: 319.430.8386 August 15, 2011 Mr. Jeff Davidson PCD Director City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Via email RE: ATM/ KIOSK Dear Jeff. FACSMULE: 319.358.6778 As you know we are considering a multi story mixed use building for the Wells Fargo site on the pedestrian plaza (112 S. Dubuque Street). Wells Fargo wishes to keep a downtown location and we have been working with Wells Fargo regional real estate team to find a suitable downtown location. We have identified a site which is agreeable to Wells Fargo but the site would not allow for an ATM due to grade differential between the sidewalk and the interior of the building. Wells Fargo has an ATM at it's current downtown location and it is essential that they maintain an ATM at a new downtown location. I met with the Wells Fargo real estate folks, its ATM consultant and an architect to discuss a solution to the ATM issue. Wells Fargo requests that the City allow it to install an ATM in the Kiosk closest to Clinton Street on the College Street Pedestrian Plaza. A mock up is attached. Retrofitting the Kiosk is being requested only if we move Wells Fargo and proceed with the project at 112 S. Dubuque Street. The rough budget number on the project is $8,000,000.00 to $10,000,000.00 (current assessed value of that site is $550,390). If Wells Fargo is authorized to install an ATM in the Kiosk: (1) Wells Fargo will maintain the Kiosk; and (2) Wells Fargo will pay $500 /month to the City of Iowa City as rent for the Kiosk. Wells Fargo is requesting a 5 year lease with four 5 year options. Please let me know if you need additional information in order to evaluate this request. Thank you for your consideration. Sincere RC r 1� FARGO -1 1. Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 1 1 -27 5 RESOLUTION OF INTENT TO ENTER INTO A LEASE AGREEMENT WITH WELLS FARGO COMPANY FOR LIMITED OCCUPATION AND POSSESSION OF THE KIOSK LOCATED IN THE COLLEGE STREET PEDESTRIAN MALL ALONG THE CLINTON STREET FRONTAGE FOR THE INSTALLATION OF AN ATM MACHINE AND NECESSARY EQUIPMENT FOR THE SUM OF $500 PER MONTH, AND SETTING A PUBLIC HEARING FOR SEPTEMBER 20, 2011 WHEREAS, pursuant to Iowa Code Section 364.7 (2009), before the City Council may engage in any lease agreement exceeding a term of three (3) years, it must publish notice of and hold a public hearing; and WHEREAS, Wells Fargo Company, a financial institution currently considering relocation from its current site at 112 E. Dubuque Street, has approached the City with the proposal to install an ATM and associated equipment in the College Street pedestrian mall kiosk fronting on Clinton Street; and WHEREAS, Wells Fargo has proposed an initial lease term of five (5) years with the option to renew said lease for four (4) additional five (5) year terms upon further agreement between the City and Wells Fargo; and WHEREAS, Wells Fargo has proposed to pay the sum of $500 per month in rent for the limited occupation and possession of said kiosk during the initial five (5) year lease; WHEREAS, the City and Wells Fargo wish to memorialize the terms of said lease, set a public hearing on such lease and publish notice of same. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to enter into a five (5) year lease agreement with Wells Fargo Company for the limited occupation and possession of a kiosk located in the College Street pedestrian mall for the purpose of installing an ATM and its associated equipment at a rental rate of $500 per month, with the additional option to renew said lease for four (4) subsequent five (5) year terms upon further agreement of the parties. 2. A public hearing on said proposal should be and is hereby set for September 20, 2011 at 7:00 p.m. in the Council Chambers of City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 6th day of September , 2011. �i •' roved b}�' , %1 % ATTEST:�� CITY LERK City Att rney's is Resolution No. 11 -275 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x X — x x x x X wpdata/glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright r(1) 3e(1) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -276 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A RELEASE REGARDING THE PURCHASE OF 336 S. GOVERNOR STREET. WHEREAS, the City purchased 336 S. Governor Street as part of the UniverCity program; WHEREAS, examination of title showed that the legal description was insufficient because it appears that the northern lots of a subdivision approved in 1866 overlap with a lot in the plat of "Old Town" and that a survey is needed; WHEREAS, at the time the City made the offer, the lot was being sold on contract; WHEREAS, in order to close, the contract purchaser and contract seller agreed to contribute funds to cover the cost of the survey; WHEREAS, the contract seller was concerned that the City and /or the contract purchaser would make additional claims after closing and requests that a release by signed; and WHEREAS, staff recommends that the City execute the release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the Mayor is authorized to sign a release. Passed and approved this 6th day of _ September —12011. C MAYOR Approved by ATTEST: CITY bEERK City Attorney's Office Resolution No. 11 -276 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: wpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 3e(2) Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. 1 1-977 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR PROPERTY LOCATED AT 3333 LOWER WEST BRANCH ROAD, IOWA CITY, IOWA. WHEREAS, on February 2, 2009, the current owner of 3333 Lower West Branch Road granted the City a mortgage to secure a loan for down payment assistance; WHEREAS, the owner is refinancing the primary loan with West Bank to obtain a better interest rate; and WHEREAS, West Bank requests that the City's mortgage be subordinated to its loan, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and West Bank. Passed and approved this hrh day of September , 2011. MAYOR ATTEST: A4� CITY LERK Approved by City Attorney's Office Resolution No. 11 -277 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: wpdata/giossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and West Bank, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain mortgage which at this time is in the amount of $10,000, and where executed by Juliana Stewart (herein the Owner), dated the 2nd day of February, 2009, recorded the 6 t day of February, 2009 , in Book 4390, Page 489, Johnson County Recorder's Office, covering the following described real property: LOT 217 IN OAK WOODS ADDITION PART SIX, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 67, PLAT RECORDS OF JOHNSON COUNTY, IOWA. WHEREAS, the Financial Institution proposes to loan the sum of $115,000 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 6 day of Sc-P riF(gw- , 20 It . CITY OF IOWA CITY By Matthew J. Hayek, Mayor Attest: CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION On this 6 +A day of SEPrEmMPr , 20_ZL_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. //- a-77 passed (the Resolut�n adopted) by the City Council, under Roll Call No. of the City Council on the 6 day of S�'gMe , 20 // , and that Matthew J. Hayek and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 4" SONDRAE FORT ZO Commission Number 159791 Notary Public in and for the State of Iowa My Commission Expires ow 3 a D LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 2.2,hd day of A UgC4SA- 1201( before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared M A&,j "c4 vv\a n y, , to me personally known, who being by me duly sworn, did say that he /she is the Erse V(C_e�c-eSicic+lt of \N e! i G V1 , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said f;r--'-t V+'-e acknowledged the execution of said instrument to be the volun act and deed of said orporation, by it and by him /her voluntarily executed. Notary Oublic in andj6hhe State of Iowa My Commission expires: ,q 9 L'q �% 3 P—'Yco-1 rnlss�on t s. �� . 01" M-fte 3e(3) aft Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 11 -228 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1223 GINTER AVENUE, IOWA CITY, IOWA. WHEREAS, on June 21, 2002, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 1223 Ginter Avenue from a Mortgage recorded June 26, 2002, Book 3323, Page 135 through Page 139 of the Johnson County Recorder's Office. Passed and approved this 6th day of September , 20_.Ij__• o MAYOR Approved by bey, ATTEST: CIT - LERK City Attorney's Office It was moved by Bailed and seconded by mimg the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens Hayek X Mims X Wilburn X x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Dorothy Mae Newmire Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 1223 Ginter Avenue, Iowa City, Iowa, and legally described as follows: The East ' /Z of Lot 33 in Kirkwood Place an Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owner, Dorothy Mae Newmire, to the City of Iowa City represented by a Mortgage recorded June 26, 2002, Book 3323, Page 135 through Page 139 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) MAYOR Approved by City Attorney's Office On this & day of SEC'TE-nnBIVL- , A. D. 20 // , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. / / //_ aye, adopted by the City Council on the /g— day SF P-T-, ,4e,F2 , 20 11 and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. os� �s =SONDR�AE C1 Notary Public in and for Johnson County, Iowa iow 3e(4) Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319 - 356 -5030 RESOLUTION NO. ].1_279 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT WITH WEST BANK FOR PROPERTY LOCATED AT 2258 RUSSELL DRIVE, IOWA CITY, IOWA. WHEREAS, the current owner of 2258 Russell Drive granted the City a mortgage to secure a loan to purchase the property in the Affordable Dream Home Program (ADHOP); WHEREAS, the owner is refinancing the primary loan with University of Iowa Community Credit Union to obtain a better interest rate; and WHEREAS, University of Iowa Community Credit Union requests that the City's mortgage be subordinated to its loan, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and University of Iowa Community Credit Union. Passed and approved this 6th day of sP= rPmhPr , 2011. /vXtA-I'�1 MAYOR ATTEST: / - - je t2 CITY bLERK Approved, J City Attorney's Office Resolution No. 11 -279 Page 2 It was moved by Bailey and seconded by M ms _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion x Dickens x Hayek x _ Mims Wilburn X Wright wpdata /glossary/resolution - ic.doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain mortgage which at this time is in the amount of $36,250, and where executed by Jorge M. Jarrin (herein the Owner), dated June 30, 2006, recorded July 7, 2006, in Book 4049, Page 997, Johnson County Recorder's Office, covering the following described real property: Lot 204 in Part Five, Hollywood Manor Addition in Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 18, Plat Records of Johnson County, Iowa, except tract described as follows: Beginning at the Northwest Corner of Lot 204, Hollywood Manor Addition, Part Five, to Iowa City, Iowa, as recorded in Plat Book 13, at Page 18, of the Records of the Johnson County Recorder's Office; Thence S85 °43'04 ", along the North line of said Lot 204, 127.53 feet to the Northeast Corner of said Lot; Thence S 19 °32'41 "W, along the Easterly line of said Lot, 7.70 feet; Thence N82° 19'48 "W, 125.72 feet to the Point of Beginning, WHEREAS, the Financial Institution proposes to loan the sum of $105,000 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 6 day of Sri , 20 // CITY OF IOWA CITY By Ate- 5-1 Matthew J. Hayek, May Attest: City C —rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION On this 6— day of SEp-r-� -�P,- , 20 Il , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. -2'7y passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the 6 "-4 day of , 20 i! , and that Matthew J. Hayek and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. WSONDRAE FORT Ste"" c,?, i ,b Commission Number 15979] Notary Public in and for the State of Iowa My commission Expires 3 7 -7 a <a- LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 24th day of August, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Emma McFarlane, to me personally known, who being by me duly sworn, did say that he /she is the Senior Mortgage Loan Assistant of University of Iowa Community Credit Union, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Ryan Doehrmann acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. By: NotaW Pubic in and for the State of Iowa opR'a�s RYAN DOEHRhd1ANN, � e commission Number 73414d� ,.t h1y commission Ex ire$ My Commission expires: 4/25/2014 r, 3e(5) Prepared by: Brian Boelk, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5437 RESOLUTION NO. 11-280 RESOLUTION ACCEPTING THE WORK FOR THE MCCOLLISTER BOULEVARD PCC PAVEMENT [HDP- 3715(628)-- 71 -52] AND MCCOLLISTER BOULEVARD BRIDGE [HDP- 3715(634)-- 71 -52] PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the McCollister Boulevard PCC Pavement [HDP- 3715(628)-- 71 -52] and McCollister Boulevard Bridge Pavement [HDP- 3715(634)-- 71 -52] as included in a contract between the City of Iowa City and Petersen Contractors, Inc. of Reinbeck, Iowa dated December 19, 2007, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the McCollister Blvd.- Highway 921 to Gilbert Street account #3883; and WHEREAS, the final contract price is $6,001,378.62. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of September , 20-11 MAYOR Approved by ATTEST:_ % -�tJ Rally lac /Z�7rl��✓ CITY tLERK City Attorney's Office 6-IgOt It was moved by Bailey and seconded by M;n,G the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion g Dickens X Hayek _x Mims x Wilburn Wright Pweng /res /mccollister- acptwork.doc 8/11 in 5NP �4 war CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org August 24, 2011 City Clerk City of Iowa City, Iowa Re: McCollister Boulevard Dear City Clerk: I hereby certify that the construction of the McCollister Boulevard PCC Pavement [HDP- 3715(628)-- 71 -52] and McCollister Boulevard Bridge [HDP- 3715(634) - -71- 52] Project has been completed by Peterson Contractors, Inc. of Reinbeck, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Division. The final contract price is $6,001,378.62. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, ;0__eA::7 Ronald R. Knoche, P.E. City Engineer J 3e(6) Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 1 t -291 RESOLUTION ACCEPTING THE WORK FOR THE 2010 SANITARY SEWER REHABILITATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2010 Sanitary Sewer Rehabilitation Project, as included in a contract between the City of Iowa City and Municipal Pipe Tool Company, LLC of Hudson, IA, dated May 19, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Annual Sewer Main Projects account #3101; and WHEREAS, the final contract price is $123,660.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of September 120 11 /- MAYOR Approved by ATTEST: - z� L CI ERK lu, Attorney's Office c l l It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens _x Hayek x Mims x Wilburn x_ Wright Pweng /res /2011 sanswrrehab- acptwork.doc 8/11 -4k X111 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org August 22, 2011 City Clerk City of Iowa City, Iowa Re: 2010 Sanitary Sewer Rehabilitation Project Dear City Clerk: I hereby certify that the construction of the 2010 Sanitary Sewer Rehabilitation Project has been completed by Municipal Pipe Tool Company, LLC of Hudson, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff. The final contract price is $123,660.50. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 3e(7) Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 11-282 RESOLUTION ACCEPTING THE WORK FOR THE 2011 WATER MAIN DIRECTIONAL BORING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2011 Water Main Directional Boring Project, as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, IA, dated April 27, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Annual Water Main Projects account #3204; and WHEREAS, the final contract price is $42,249.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of September 120 11 MAYOR Approved by ATTEST: ,% E{ r> ✓�ruNzrz ¢Fc?� CITY LERK City Attorney's Officeg (��I 1/I It was moved by Rai 1 eve— and seconded by Mime the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x_ Dickens x_ Hayek _x_ Mims x Wilburn X Wright Pweng/res/201 1 wtrmainbori ng- acptwork. doc 8/11 ?. - ( -'i � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.ic- ov.org August 22, 2011 City Clerk City of Iowa City, Iowa Re: 2011 Water Main Directional Boring Project Dear City Clerk: I hereby certify that the 2011 Water Main Directional Boring Project has been completed by Advanced Electrical Services, Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City staff. The final contract price is $42,249.00 I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 3e($) Prepared by: Brian Boelk, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5437 RESOLUTION NO. 11 -283 RESOLUTION ACCEPTING THE WORK FOR THE SANDUSKY STORM SEWER IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Sandusky Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Bockenstedt Excavating, Inc. of Iowa City, Iowa dated April 26, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Sandusky Storm Sewer account #3621; and WHEREAS, the final contract price is $528,530.29. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of September , 20 11 ATTEST: CITY °LERK MAYOR Approved by City Attorney's Office eja4 It was moved by Rai lQy and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn X Wright Pweng /res /sanstrmswr- acptwork.doc 8/11 r _4 CITY OF IOWA CITY 410 East Washington Street Iowa city, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org August 24, 2011 City Clerk City of Iowa City, Iowa Re: Sandusky Storm Sewer Improvements Dear City Clerk: I hereby certify that the construction of the Sandusky Storm Sewer Improvements Project has been completed by Bockenstedt Excavating, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Division. The final contract price is $528,530.29. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer MIy 3e(9) Prepared by: Josh Slattery, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5149 RESOLUTION NO. 11 -284 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR MACKINAW VILLAGE - PART THREE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Storm sewer and water main improvements for Mackinaw Village - Part Three, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Mackinaw Village - Part Three, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 6th day of September , 20 11 ATTEST: CIT - LERK pwe ng/res/acpt-im prvmntsM ackinaw Part3. doc { 'A 4 MAYOR Approved by G City Attorney's Office Resolution No. 11-284 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x- X x X wpdata/glossary/resolution- ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright a .W. _as_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.iccov.org August 22, 2011 Honorable Mayor and City Council Iowa City, Iowa Re: Mackinaw Village - Part Three Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the storm sewer, water main and paving improvements for Mackinaw Village - Part Three have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the storm sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer rk13 3e(10) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 1 1-285 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 2651 WHISPERING MEADOWS DRIVE, IOWA CITY, IOWA. WHEREAS, on June 25, 2008, the owner executed a Mortgage with the City of Iowa City to secure a Community Development Block Grant (CDBG) loan to purchase 2651 Whispering Meadows Drive; and WHEREAS, the owner sold 2651 Whispering Meadows Drive and the new owner has signed a recapture agreement for the CDBG funds; and WHEREAS, a Mortgage securing the recapture agreements has been executed with the new owner of the lot; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2651 Whispering Meadows Drive, Iowa City, Iowa from a Mortgage recorded June 26, 2008, Book 4317, Page 355 through Page 359 of the Johnson County Recorder's Office. Passed and approved this 6t-h day of SPr_*emher —,20 11 MAYOR ATTEST:�� yt CITYtLERK A pro` d by City Attorney's Office Resolution No. 11 -285 Page 2 It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey Champion Dickens X Hayek x Mims x Wilburn x Wright wpd a ta/g I os sa ry/res ol utio n-ic. doe Prepared by and return: Liz Osborne, Housing Rehalp Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 2651 Whispering Meadows Drive, Iowa City, Iowa, and legally described as follows: Lot 132, Whispering Meadows, Part Three, Iowa City, Iowa according to the plat thereof recorded in Book 45, Page 27 Plat Records, Johnson County, Iowa. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage, recorded June 26, 2008, Book 4317, Page 355 through Page 359, of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: CITY tLERK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Approved by City Attorney's Office On this to day of SEP1'FetBEn— A.D. 20_// , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of tie corporation by authority of its City Council, as contained in Resolution No. adopted by the City Council on the Za r day AEA 20_/] and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. elAj =SONDRAEFORT o 791 Notary Public in and for Johnson County, Iowa es iow Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 - ?86 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 614 RUNDELL STREET, IOWA CITY, IOWA. WHEREAS, on August 29, 2001, the owners executed aMortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 614 Rundell Street from a Mortgage recorded September 5, 2001, Book 3128, Page 625 through Page 631 of the Johnson County Recorder's Office. Passed and approved this 6th day of September -,20 11 MAYOR ATTEST: �f� CITY tLERK 3e(11) A roved by qz!�� ,- - 3 '(r City Attorney's Office It was moved by Bailey and seconded by Mims Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey Champion X X Dickens X Hayek X Mims X Wilburn X Wright the Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s):Benjamin T. Schmidt and Lisa R. Schlesinger Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 614 Rundell Street, Iowa City, Iowa, and legally described as follows: Lot eleven (11) in Block ten (10), in Rundell, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the owners, Benjamin T. Schmidt and Lisa R. Schlesinger, to the City of Iowa City represented by a Mortgage recorded September 5, 2001, Book 3128, Page 625 through Page 631 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. i ATTEST: G' . PC - CIT ELERK STATE OF IOWA 1 SS: JOHNSON COUNTY 1 MAYOR Approved y-,.� � 1 � -•. City Attorney's Office On this to day of SFPTr –Lv 8EZ- A. D. 20 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority *of its City Council, as contained in Resolution No. #-4(-, adopted by the City Council on the (v 4h day SFtyi EMB,E � , 20 « and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i A,w ,91, SONDRAE FORT Sb„ nne P_ commission Number 159791 My Commission Expires Notary Public in and for Johnson County, Iowa 3 7 da /� 3e(12) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11-287 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 22 REGAL LANE, IOWA CITY, IOWA. WHEREAS, on August 8, 2006, the owner executed a Promissory Note with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the property located at 22 Regal Lane from a Promissory Note recorded February 9, 2007, Book 4128, Page 364 of the Johnson County Recorder's Office. Passed and approved this 6th day of Sel2tember , 20 _LL MAYOR Approved by ATTEST: CITY LERK City Attorney's Office It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion x Dickens Hayek Mims X Wilburn -_ Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s):Evelyn J. O'Kelly Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 22 Regal Lane, Iowa City, Iowa, and legally described as follows: Lot 66, "Lakeside Addition" to Iowa City, Iowa, subject to restrictions and covenants of record from an obligation of the owner, Evelyn J. O'Kelly, to the City of Iowa City represented by a Promissory Note recorded February 9, 2007, Book 4128, Page 364 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST:_ CITY JERK STATE OF IOWA ) ► SS: JOHNSON COUNTY 1 4 MAYOR Approved by s City Attorney's Office On this day of SEPr-1VM f31:iL , A.D. 20.x, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. adopted by the City Council on the Ln day SeP7`r-MRCtL 20 1/ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. elA(m SONDRAEFORT sue! a GFb z Commission Number 159791 My Commission Expires Notary Public in and for Johnson County, Iowa . iow 31'71_7e) /a- (V-4q 1, 3e(13) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 1 1 _ ?RR RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1522 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $24,881, executed by the owner of the property on August 1, 2002, recorded on February 5, 2003, in Book 3474, Page 346 through Page 351 in the Johnson County Recorder's Office covering the following described real estate: Lot 82, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa WHEREAS, MidWestOne. Bank is financing a mortgage for $94,000 to Bahri and Kate Karacay and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of MidWestOne Bank, secured by a proposed mortgage in order to induce MidWestOne Bank to secure first position on such a loan; and WHEREAS, MidWestOne Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with MidWestOne Bank; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and MidWestOne Bank, Iowa City, Iowa. Passed and approved this 6th day of _Sptember 1 20-1 1 - .-SCI MAYOR Approved by Resolution No. 11 -288 Page 2 ATTEST: "Ii'-) 4'. CITY C ARK City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Mims the x Bailey x Champion _x_ Dickens x Hayek x Mims X Wilburn x— Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $24,881, and was executed by Greater Iowa City Housing Fellowship (GICHF) (herein the Owner), dated August 1, 2002, recorded February 5, 2003, in Book 3474, Page 346 through Page 351, Johnson County Recorder's Office, covering the following described real property: Lot 82, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa WHEREAS, the Financial Institution has loaned the sum of $94,000 on a promissory note to be executed by the Financial Institution and Bahri and Kate Karacay, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. t Dated this (a day of -'20// CITY OF IOWA CITY Mayor Attest: City bterk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION B SCO SCHROEDER, MIDWESTONE BANK t� On this (a day of 5£rz , 20_L, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared J� e1 and Marian K. Karr, to me personally known, and, who, being by me duly sworn, di say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (-9fdinance) (Resolution) No. //- agg passed (the Resolution adopted) by the City Council, under Roll Call No. ---- of the City Council on the 6 -"4 day of k- p7FM &F- , 20_�Lj , and that No, TZ) 7q- 8a."-o-K and Marian K. Karr acknowledged the execution of the instrument to be their vol tary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. R=p1A s SONDRAE FORT r Commission Number 159791 r My Commission Expires 3 avr-1- 1 Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ! 7 f4 day of 141". 120 /1 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 5ecz& Sbr ydgy- , to me personally known, who being by me duly sworn, did say that he /she is the 2 *.d (/ P- of Ir I A�An& &1,7k that said instrument was signed` on behalf of said corporation by authority of its Board of Directors; and that said acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. �QFt1At S� DANIEL POSSEHL 0 9 Commission Number 766236 + My Commission Expires %WP !- (r -II( _ &4ItI A Notary Public in and for the State of Iowa My Commission expires: H I !W Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 11 -289 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT FOR THREE PROPERTIES LOCATED AT 1958 #C5 BROADWAY STREET, 1820 HOLLYWOOD COURT AND 1822 HOLLYWOOD COURT, IOWA CITY, IOWA. WHEREAS, on August 28, 2000, the owner executed an Agreement with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the lien for the properties located at 1958 #C5 Broadway Street, 1820 Hollywood Court and 1822 Hollywood Court from an Agreement recorded October 4, 2001, Book 3149, Page 149 through Page 168 of the Johnson County Recorder's Office. Passed and approved this 6th day of September , 20 11 ATTEST. � - 9 � CI `GLERK 3e(14) Approved by � c � - ( `rl City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: AYES: X X X X NAYS: Mims the ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description cf Property: see below Mortgagor(s): Hawkeye Area Community Action Program (HACAP) Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following properties located at 1958 #C5 Broadway Street, 1820 Hollywood Court and 1822 Hollywood Court, Iowa City, Iowa, and legally described as follows: See Exhibit "A" from an obligation of the owner, Hawkeye Area Community Action Program (HACAP), to the City of Iowa City represented by an Agreement recorded October 4, 2001, Book 3149, Page 149 through Page 168 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: �, CITY LERK STATE OF IOWA ) SS: JOHNSON COUNTY ) /-k .. Approved by City Attorney's Office On this (o day of SF01`2-m e,,(- , A.D. 20 —, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me . duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of tie corporation by authority of its City Council, as contained in Resolution No. i — ,df , adopted by the City Council fi on the �_ day 20__Z�_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. I^Is SONDRAEFORT 11 o� Commission Number 159791 S��a— ? My Commission Expires Notary Public in and for Johnson County, Iowa iow 3 as Exhibit "A" 1822 Hollywood Court, Iowa City, Iowa legally described as follows: Unit A, 1820 & 1822 Hollywood Court Condominium, Iowa City, Iowa, according to the Declaration of Submission of Property to Horizontal Property Regime as recorded in Book 2129, Page 85, records of the Recorder of Johnson County, Iowa. 1820 & 1822 Hollywood Court Condominiums are located on Lot 170. Mount Prospect Addition, Part IV, according to the recorded plat thereof, recorded in Book 18, Page 50, Plat Records of Johnson County, Iowa. 1820 Hollywood Court, Iowa City, Iowa legally described as follows: Unit B, 1820 & 1822 Hollywood Court Condominium, Iowa City, Iowa, according to the Declaration of Submission of Property to Horizontal Property Regime as recorded in Book 2129, Page 85, records of the Recorder of Johnson County, Iowa. Unit B, according to the survey thereof recorded in Book 36, Page 344, is the southeasterly portion of Lot 170, Mount Prospect Addition, Part IV, according to the recorded plat thereof, recorded in Book 18, Page 50, Plat Records of Johnson County, Iowa. In addition, the Grantors convey all of their interest in and to the appurtenant fractional share of common elements applicable to the above unit and, of course, any limited common elements applicable to the above unit. 1958 Broadway Street #5C, Iowa City, Iowa legally described as follows: Unit No. 5C in Building No. 1958, 1900 Broadway, a Condominium, Johnson County, Iowa, (which unit and regime are more particularly described in a certain Declaration of Submission of Property to Horizontal Property Regime for "1900 Broadway', a Condominium which was dated the 9th day of April, 1980, and filed for record the 10th day of April, 1980, in the Office of the County Recorder of Johnson County, Iowa, in Book 570, at page 156, and following, together with an undivided .95448 percentage interest in the land described in said Declaration and in the common areas and facilities in said Horizontal Property Regime. ry -- - a 30(15) Prepared by: Sara Sproule, Asst. Controller, & Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, 319 - 356 - 5088/5138 RESOLUTION NO. 11 -290 RESOLUTION APPROVING THE CITY STREET FINANCIAL REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 2011. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Street Financial Report for the period beginning July 1, 2010, through June 30, 2011, be approved. Passed and approved this 6th. day of September , 2011. a MAYOR Approved by ATTEST: c> 7e. CITY—CLERK City Attorney's Office It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: X X X x x x X finadm \res \finreport.doc NAYS: Mims ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be Marian Karr From: LiveCycle@dot.iowa.gov Sent: Monday, September 12, 2011 4:00 PM To: Marian Karr Subject: [IOWA CITY] Your SFR report has been approved Attachments: SFR -IOWA CITY- 201 1.pdf Your SFR has been approved. 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CD n CD w czo czo czo C (n 4 up O N Chi 3 � N m 3 D °; v r J CD o° ° off p o J � O � V N N cu °p CD 3 0° :3 N r+ O v O v _h O O lu C M,_. rt CD "n Ph � M � c � O u.� PF O Cl) rF av 0 3 0 f7 CD D O ,i CDC, C N (p o cn v D � 4 CD 0 0 o a O 1 V cu O cn J N N (D O CD 3 2-0 :3 N (f 0 h N 13 0 ct C7 Z c 3 Q. CD _n M cn X m C° o � o 0 n CD S N 3 O yA CD N 0 ga az .�! f1 N DoT, 0 tTj � y o D o -j CD -" J CD �G O CD 0 C) N O (n J Cl) N N Cu o CD o 3 ° :3 N 1"F O O xo l"f O v q Z cr 0 c .l.n ._ 64 6y -EH ° fff ,6y .6oi- _69. 69 69 69° 69 fl3- �.. (n.. 00 N (.n � vA A 41, v� .A O� O� w O �p o w O w rn � vA o y 00 0 "o - w w N ? C� to O\ O, N LA lLh � 00 O W Vi O lI� 01 �O O\ J �D L C Q O 3 Co N � t O 69 69 6 9 , n nn 0000 �_ 00 Cl fD N rn o A " .Aw �D oo vi O� �l 00 N A J O cn W W A .A 01 W 01 \O O 1p N J O1, O CB N 1�0 J 0 ga az .�! f1 N DoT, 0 CD 0 NCB D o -j CD -" J CD �G O CD 0 C) N O (n J Cl) N N Cu o CD o 3 ° :3 N 1"F O O l"f O v q Z cr CD 0 O y' n CD v 0 Cl) P#L �G rF Si• N Cl) o MOL O .... e O y' n CD v 0 Prepared by: Eric R. Goers, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 3e(16) RESOLUTION NO. 11 -291 RESOLUTION APPROVING AN AGREEMENT FOR RAILROAD CROSSING IMPROVEMENT PROJECT WITH IOWA INTERSTATE RAILROAD. WHEREAS, the City is developing a new industrial park off 420'' Street; and WHEREAS, the development includes City -owned land both to the North and South of the Iowa Interstate Railroad tracks; and WHEREAS, that present the only crossing in the industrial park is a dirt agricultural crossing, whereas a paved street, to be named Compass Drive, meeting full urban standards, is required; and WHEREAS, in order to construct said road, as well as all required utilities, a Crossing Agreement is required with Iowa Interstate Railroad, and WHEREAS, it is in the best interests of the City to approve said Crossing Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby approve the attached Crossing Agreement. 2. The Mayor and the City Clerk are hereby authorized to execute and attest the attached Crossing Agreement in duplicate. It was moved by Bailey and seconded by Mims the Resolution be adopted, and upon all there were: AYES: NAYS X X X X X X X ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Passed and approved this 6th day of September , 2011. A1_ MAYOR Approved by . d 6 ATTEST: l- ld� Z)01— i( CIT ERK City Attorney's Office AGREEMENT FOR RAILROAD CROSSING IMPROVEMENT PROJECT This agreement is made and entered into on this 6th day of September , 2011 by the City of Iowa City, Iowa (hereinafter "CITY ") and Iowa Interstate Railroad, Ltd. (hereinafter "CARRIER "). WHEREAS, the CARRIER operates a railroad upon railroad tracks situated in the City of Iowa City, Iowa, which railroad tracks proceed in a generally east/west direction in the area between Scott Boulevard and Taft Avenue in southeast Iowa City; and WHEREAS, the CITY has initiated a project to construct a new north /south street to be named Compass Drive, and to improve an already present agricultural crossing there to urban standards with accompanying utilities, all as described on Exhibit "A ", attached and incorporated herein by this reference; and WHEREAS, said project will require the installation of a new street - railroad grade crossing with crossing signals and gate arms and with associated street drainage improvements on the CARRIER'S railroad right -of -way (hereinafter "the CARRIER'S right -of- way "); and WHEREAS, the CITY and the CARRIER have negotiated this agreement to provide for the construction of railroad crossing improvements at said location for the project. NOW, THEREFORE, THE CITY AND THE CARRIER DO HEREBY AGREE AS FOLLOWS: SECTION I. Crossing approach and street improvements to be performed by CITY ( "CITY improvements ") The CITY has prepared and submitted to the CARRIER the necessary plans and specifications covering construction of the at -grade street - railroad crossing approach, drainage, and other incidental street improvements outside the headers of each track at the location of the new Compass Drive (collectively referred to as "CITY improvements "). The CITY will award contracts, and supervise and furnish engineering and inspection for all project work performed, which work is planned for 2011 following the completion of the crossing improvements to be performed by the CARRIER as described below in Section II ( "CARRIER improvements "). The CITY will require its project engineers to contact CARRIER'S authorized representative at least ten (10) days prior to commencing any initial construction work on the CITY improvements, and will keep CARRIER'S authorized representative informed of the progress of the work. Upon completion of the CITY improvements, the CITY will notify CARRIER'S authorized representative. The CITY will require its contractor(s) to use all reasonable care to avoid accident, damage, or delay to the CARRIER'S operations at or in the vicinity of the work, and to leave the CARRIER'S right -of -way in a clean and orderly condition. All work herein provided to be done by the CITY'S contractor(s) on the CARRIER'S right -of -way shall be done under the supervision, inspection, and direction of the CITY'S personnel. SECTION II. CROSSING IMPROVEMENTS TO BE PERFORMED BY CARRIER ( "CARRIER IMPROVEMENTS ") In coordination with the project, the CARRIER has developed the necessary plans and specifications for the improvement of the crossing surface and drainage improvements between the headers of each track at the location of the new Compass Drive crossing and will perform with the CARRIER'S own personnel, or cause its contractor to perform, the following work: a. Install a new at -grade crossing surface upon the railroad right -of -way; and b. Install automatic signalization which shall consist of flashing lights and gates. The CITY agrees to pay the CARRIER for the actual cost of CARRIER'S (or contractors') work performed and materials supplied for the construction of the CARRIER improvements, as described above. CARRIER will notify the CITY'S project engineer at least seven (7) days prior to starting initial construction work covered in this section or any phase thereof, and will keep the CITY'S project engineer informed of the progress of the work. Upon completion of the CARRIER improvement, the CARRIER will notify the CITY'S project engineer. CARRIER agrees to commence its work as described above in late winter to early spring 2011, in order to complete, or cause its contractor to complete, said work no later than May 1, 2011. The CARRIER will require its contractor(s) to use all reasonable care to avoid accident, damage, or delay to the CITY'S work in constructing the new Compass Drive, and to leave said CITY right -of -way in a clean and orderly condition. All work herein provided to be done by the CARRIER'S contractor(s) on the CITY'S right -of -way at or in the vicinity of the Compass Drive crossing shall be done under the supervision, inspection, and direction of the CARRIER'S personnel. SECTION III. DETAILED DESCRIPTION AND COST ESTIMATE FOR CROSSING IMPROVEMENTS A detailed description of the CITY improvements is attached hereto as Exhibit B. A detailed description of the CARRIER improvements is attached hereto as Exhibit C, together with a detailed estimate of the cost of such work, supplies, and equipment as set forth in Exhibit D, all which are attached hereto and incorporated herein by this reference. All work shall be performed in accordance with Exhibits B, C, and D. SECTION IV. REIMBURSEMENT FOR CARRIER IMPROVEMENTS The CITY shall pay CARRIER the costs actually incurred and charged for the CARRIER improvements after said work is complete and the improvements are operational and restoration of the CITY'S right -of -way disturbed by the CARRIER'S work, if any, has been completed to the CITY'S approval. Following such completion and restoration, CARRIER shall provide an itemized request for payment to CITY of the actual cost of the CARRIER improvements, including either certified copies of requests for payment and amounts paid to contractor(s) or certified invoices of the CARRIER'S costs, as applicable, which requests shall be paid by CITY within sixty (60) days of receipt, provided that the CARRIER has fulfilled all of its obligations stated in this Agreement. All payments shall be made directly to the CARRIER, provided that the CARRIER may request that particular payments on substantial cost items be made to the CARRIER and to unpaid contractors or vendors jointly. SECTION V. LONG TERM MAINTENANCE OF CROSSING Following construction of the crossing, CARRIER shall perform and be responsible for all ongoing surface maintenance. The CITY shall reimburse CARRIER for all reasonable costs of surface maintenance. CARRIER shall also perform and be responsible for all ongoing signal maintenance, either directly or through a contractor. The CITY shall reimburse CARRIER for all reasonable costs of signal maintenance. Reimbursement of reasonable costs shall be the CITY's only obligation related to ongoing crossing maintenance. SECTION VI. INDEMNIFICATION a. To the fullest extent permitted by law, the CITY agrees to indemnify and hold harmless the CARRIER, its officials, agents, and employees and others working on behalf of the CARRIER from and against any and all loss, damage, claims, demands, actions, causes of action, costs and expenses, including any and all outlay and expense connected therewith, of every person or entity including, but not limited to, employees, officers, agents, and invitees of the parties hereto, or from loss of or damage to property of any kind or nature to whomsoever belonging, including loss or use thereof, and including, but not limited to, property owned by or in the care, custody, and control of, the parties hereto, and for any damages which may be asserted, claimed, or recovered against or from the CARRIER, its officials, agents, and employees and others working on its behalf, by reason of personal injury, including bodily injury or death, which arises out of or is occasioned by CITY'S negligence, or that of its agents or contractors, in the use of or storage and materials on the CARRIER'S right -of -way during construction of the CITY improvements, or which is caused solely by the CITY'S negligent failure to perform any act required by this Agreement, except for damages which are caused solely by the negligence of the CARRIER, its officials, agents, lessees, or employees, or others working on behalf of the CARRIER. b. To the fullest extent permitted by law, the CARRIER agrees to indemnify and hold harmless the CITY, its officials, agents, and employees and others working on behalf of the CITY from and against any and all loss, damage, claims, demands, actions, causes of action, costs and expenses, including any and all outlay and expense connected therewith, of every person or entity including, but not limited to, employees, officers, agents, and invitees of the parties hereto, or from loss of or damage to property of any kind or nature to whomsoever belonging, including loss or use thereof, and including, but not limited to, property owned by or in the care, custody, and control of, the parties hereto, and for any damages which may be asserted, claimed, or recovered against or from the CITY, its officials, agents, and employees and others working on its behalf, by reason of personal injury, including bodily injury or death, which arises out of or is a occasioned by CARRIER'S negligence, or that of its agents or contractors, in any act or omission arising out of this Agreement and Carrier's obligations hereunder, except for damages which are caused solely by the negligence of the CITY, its officials, agents, lessees, or employees, or others working on behalf of the CITY. SECTION VII. WATCHMEN AND FLAGMEN The CARRIER shall determine the need for watchmen or flagmen in order to protect the CARRIER'S traffic and property during construction of the crossing improvements. The CARRIER has estimated the cost of such watchmen or flagmen, as included in Exhibit D attached hereto, and the CARRIER shall procure and schedule said workers for construction of the CARRIER improvements and immediately upon notice from the CITY'S project engineer of commencement of construction of the CITY improvements as provided for in SECTION I above. The CITY shall reimburse the CARRIER for actual costs associated with the use of agreed -to watchmen and flagmen. The CARRIER will forward to the CITY certified statements of actual costs incurred, which shall be provided and paid in the manner set forth in SECTION IV above. SECTION VIII.CONTRACTOR REQUIREMENTS — INSURANCE AND PROTECTION The CITY shall require its contractor(s), as part of all contracts relating to the construction of the CITY improvements, to indemnify and save harmless the CARRIER, against all loss, liability, and damages that arise from the activities of the CITY or the CITY'S contractor(s) or any agents in the performance of the construction of said improvements. Notwithstanding the foregoing, nothing herein contained is to be deemed or construed as indemnification against the sole negligence of the CARRIER, or its officers, employees, or agents. The CARRIER shall require its contractor(s), as part of all contracts relating to the construction of the CARRIER improvements, to indemnify and save harmless the CITY, against all loss, liability, and damages that arise from the activities of the CARRIER or the CARRIER'S contractor(s) or any agents in the performance of the construction of said improvements. Notwithstanding the foregoing, nothing herein contained is to be deemed or construed as indemnification against the sole negligence of the CITY, or its officers, employees, or agents. The CITY will require its contractor(s) to provide for and on behalf of the CARRIER Railroad Protective Insurance as stated in the Code of Federal Regulations, Title 23, Part 646, and any revisions thereto issued by the Federal Highway Administration for damages because of bodily injury to or death of persons and injury to or destruction of property resulting from the operations of the contractor(s), subcontractors, or their employees on the project, such insurance (written in the limits as shown below) to be acceptable to the CARRIER and reviewed and approved by CARRIER within thirty (30) days of submission to CARRIER by the CITY and /or its contractor(s). Approval and acceptance shall not be unreasonably withheld. The form of insurance to be furnished shall be in accordance with the Railroad Protective Liability form shown in the Federal Aid Highway Program Manual, and shall be executed by an insurance company qualified in the State of Iowa. Limits of such insurance shall be as follows: Coverage A (Bodily Injury Liability); Coverage B (Property Damage Liability); and Coverage C (Physical Damage to Property) combined single limit of $2,000,000 per occurrence with $6,000,000 aggregate for the term of the policy. The CITY will also require its contractor(s) to have liability insurance in accord with current Statewide Urban Design and Specifications (SUDAS), published by the Iowa Department of Transportation, Ames, Iowa. SECTION IX. This Agreement shall be interpreted in accordance with the laws of the State of Iowa. IN WITNESS THEREOF, the parties hereto have duly executed this AGREEMENT FOR RAILROAD CROSSING IMPROVEMENT PROJECT. CITY OF IOWA CITY By: A - Matthew J. Hayek, Mayor Attest: - 2 &ii'd Mari -K. Karr, City Clerk IOWA INTERSTATE RAILROAD, LTD By: i Sig ature Printed Title —4 Approved as to form: Eric R. Goers Assistant Iowa City Attorney Printed name NOTARIZATION CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this (P day of 2011, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 'q�s SONDRAE FORT 0 Commission Number 159791 �^ My Commission Expires Notary Public in and for the State of Iowa . 1ow 3 -'J/-'; IOWA INTERSTATE RAILROAD, LTD. STATE OF IOWA ) ss: LINN COUNTY ) On this 2q day of �P� , 20 11 , befor me the undersigned, a Notary Public in and for the State of Iowa, personally appeared 04W-� , to me personally known, anti, who, being by me duly sworn, did say that (s)he is (title) VI @QVl 0 t for Iowa Interstate Railroad, Ltd., and that (s)he acknowledged the execution of the in tr" =to be his /her voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. 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UNIT UNIT COST TOTAL COST PREFABRICATED CONCRETE 89 T.F. $210.00 $18,690.00 NUMBER OF TRACKS 1 115# RAIL 320 L.F. $32.00 $10,240.00 FIELD WELDS 6 EACH $135.00 $810.00 CROSS TIES 7x9x10' Pre - Plated 76 EACH $185.00 $14,060.00 14" TIE PLATES 0 EACH $12.00 $0.00 TRACK SPIKES - KEG 1 KEGS $145.00 $145.00 BALLAST 160 TON $25.00 $4,000.00 115# to 100# COMP. JOINT BARS 0 PAIR $375.00 $0.00 6" CMP 220 L.F. $7.00 $1,540.00 SUBTOTAL: $49,485.00 5% MATERIAL HANDLING AND STORAGE: $47.75 MATERIAL TOTAL: $49,532.75 LABOR CLASSIFICATION RATE /HR DAYS HOURS TOTAL COST FOREMAN $22.4300 4 32.00 $717.76 TRACKMAN- $18.4800 16 128.00 $2,365.44 MACHINE OPERATOR $20.8300 6 48.00 $999.84 WELDER $22.4300 2 16.00 $358.88 ROADMASTER $27.3000 5 40.00 $1,092.00 SUBTOTAL: $5,533.92 62.86% ADDITIVE RATE: $3,478.62 SUBTOTAL: $9,012.54 EMPLOYEE EXPENSES & LODGING PER DIEM LODGING DAYS $2,640.00 $25.00 $55.00 33 TOTAL LABOR COSTS: $11,652.54 OUTSIDE SERVICES ITEM QTY. UNIT UNIT COST TOTAL COST SIGNAL WORK ASPHALT EXCAVATING CONTRACTOR 0.00 L.S 0.00 Ton 1.00 LS $5,500.00 $125.00 $17,500.00 $0.00 $0.00 $17,500.00 EQUIPMENT & OUTSIDE SERVICES TOTAL: $17,500.00 MATERIAL TOTAL: TOTAL LABOR COSTS: $49,532.75 $11,652.54 MATERIAL & LABOR SUBTOTAL: EQUIPMENT COSTS: OUTSIDE SERVICES TOTAL: 9.00% (OF LAB. & MAT.) $61,185.29 $5,506.68 $17,500.00 SUBTOTAL: CONTINGENCIES: 0.00% $84,191.97 $0.00 PROJECT SUBTOTAL: SCRAP CREDIT: 2.00 N.T. 100.00 $84,191.97 - $200.00 PROJECT TOTAL: $83,991.97 5/17/2011 EXHIBIT 050211 Iowa City Compass Drive Est.xlsx L��j Balfour Beatty Rail Balfour Beatty Rail Inc. Courthouse Square Towers 216 N. River St. Suite 310 Wilkes Barre, PA 18702 Tel 570 - 822 -2203 Fax 570 - 822 -2204 Via email June 9, 2011 Mr. Tom Klemm Iowa Interstate Railroad 59006 1h Street SW Cedar Rapids, IA 52404 RE:. Compass Drive = Warning System Proposal. Dear Tom: Balfour Beatty Rail, Inc. appreciates the opportunity to provide you with our cost estimate for the design, procurement and installation of Compass Drive grade crossing warning system. Our proposal price for the design, procurement, assembly, and field installation, testing and cutover for this project is $243,601.84.. Our cost estimate includes freight charges for job site delivery and the applicable sales tax. Price quoted is good for a period of 90 days and assumes the following: ♦ Costs for Police Traffic Control, if required, by others ♦ Normal site and soil conditions. ♦ No sidewalk, street or structure rebuilding except to repair damage done by BBRI ♦ BBRI to contact Dig Safe. ♦ BBRI accepts responsibility for any environmental compliance hazard for which we are directly responsible. BBRI does not accept responsibility for any preexisting environmental hazards or compliance issues. ♦ BBRI will perform all work in a reasonable, safe and expeditious way ♦ BBRI will perform the work with our own crews. ♦ BBRI crews work a session, which is eight days at ten hours a day with 6 days off. ♦ Power Service and any utility costs, permits or easements are NOT included in price. ♦ Price is based on Railroad installing GRS pipe under road surface and sidewalks. EXHIBIT m a Z ♦ This proposal does not include any insulated rail joints. ♦ Roadway pavement marking and signage is not included in this proposal, if required, by others. ♦ This proposal includes the removal of existing devices (if required), installation of 5ea gates w /LED lights, 6X6 House and CWT. Retaining Walls have been included in the price if necessary. Balfour Beatty Rail, Inc. looks forward to the opportunity to work with you on this project. If you have any questions or concerns, please contact me at 570 - 822 -2203. Sincerely, BALFOUR BEATTY RAIL, INC. Jamie Yourren Director of Operations C &S Enclosure. cc: File — Project. File Tom Zaro Joe Slatter Mike Gregoris Page 2 Balfour Beatty Rail Systems, Inc. Bid As: Customer: Iowa Interstate Railroad Project Name: Campus Drive Billing Address: 800 Webster Street, Iowa City, IA 52240 Job Number: Phone: Project Address: Contact: Pat Sheldon Total Cost MATERIAL $ 121,806.90 Freight $ 3,291.00 SALES TAX ON MATERIAL 6.00% $ 7,308.41 TOTAL DIRECT LABOR $17,843.20 Sub Total $150,249.51 Fixed Fee 12% $18,029.94 G E A ADDITIVE 177.86% OF TOTAL DIRECT LABOR $31,735.92 Includes Dvect Labor Ovefiud, G &A RAILROAD COSTS 5% X $195,529.43 = $9,776.47 -on Labor, G" Additive,, Material, Freight, Sales Tax, Employee Per Diem, Travel Costs EMPLOYEE PER DIEM 64 day(.) @ $102.00 $6,528.00 TRAVEL COSTS Air Fare (travel for construction crew and FRA compliance) 8 Men $700.00 $5,600.00 Travel Costs 1 travel day for each crest crew memberpersession B Men@ $75.00 $600.00 Travel Perdiem 1 day for each cost crew member per session 8 Days@ $102.00 $816.00 $7,016.00 $7,016.00 Equipment $0.00 POWER SERVICES (if required) $0.00 DIRECTIONAL BORING $0.00 Stone d Fill $3,000.00 Bungalow & Signal Wiring $ 10,682.00 ENGINEERING $ 6,584.00 TOTAL PROJECT COST $243,601.84 This estimate is valid for six months from the above date. 5e Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5240(SUB11- 00008) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF ROCHESTER RIDGE PART TWO, IOWA CITY, IOWA. WHEREAS, the owners, the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens ,and the Applicant, Rochester Ridge LLC applicant, Rochester Ridge, LLC filed with the City Clerk the final plat of Rochester Ridge Part Two, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southwest Corner of Lot 313 of Oakwoods Addition Part 6, in accordance with the Plat thereof Recorded in Plat Book 10 at Page 67, of the Records of the Johnson County Recorder's Office; Thence N00 °33'42 "W, along the West Line of said Oakwoods Addition Part 6, a distance of 551.54 feet, to the Point of Beginning; Thence S89 °26'18 "W, 219.11 feet; Thence N48 014'36 "W, 107.60 feet; Thence N00 °20'58 "W, 141.90 feet; Thence N19 017'31 "W, 72.23 feet; Thence N70 042'29 "E, 4.85 feet; Thence N19'17'31 "W, 262.00 feet to a Point on the Northerly Line of the Parcel Depicted on the "Road Right -of -Way Re- establishment Plat" as Recorded in Plat Book 54, at Page 300, of the Records of the Johnson County Recorder's Office; Thence N70 °42'29 "E, along said Northerly Line, 423.30 feet, to the Northwest Corner of Dean Oakes Woods Addition, in accordance with the Plat thereof Recorded in Plat Book 28, at Page 94, of the Records of the Johnson County Recorder's Office; Thence S00 033'42 "E, along the West Line of said Dean Oakes Woods Addition, and the West Line of said Oakwoods Addition Part 6, a distance of 668.36 feet, to the Point of Beginning. Said Tract of land contains 4.57 Acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2011) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. Resolution No. Page 2 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this day of , 2011. MAYOR ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: pcd /templates /Final Plat Part2- Resolution.doc.doc Approved by r L ity Attorney's Office and seconded by NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be STAFF REPORT To: City Council Prepared by: Robert Miklo Item: SUB11 -00009 Date: September 1, 2011 Rochester Ridge —Part Two GENERAL INFORMATION: Applicant: Rochester Ridge, LLC PO Box 3474 Iowa City, IA 52244 Contact Person: Jesse Allen Phone: (319)530 -8238 Requested Action: Final Plat Purpose: Development of Rochester Ridge subdivision Location: 2949 Rochester Avenue Size: 4.57 acres Existing Land Use and Zoning: OPD -5 Undeveloped Surrounding Land Use and Zoning: North: Residential and Undeveloped, ID -RS South: Single Family Residential, RS -5 East: Single Family Residential, RS -5 West: Undeveloped, RS -5 Comprehensive Plan: Northeast District Plan: Single- family residential. Neighborhood Open Space District: NE -2 Pleasant Hill /Lemme File Date: August 3, 2011 60 -Day Limitation Period: October 1, 2011 BACKGROUND INFORMATION: A Planned Development Overlay Rezoning and Sensitive Areas Development Plan were approved for this property by the City Council in June. The Sensitive Areas Development Plan allows the disturbance of woodlands, slopes, stream corridor and wetlands to permit the installation of essential stormwater management facilities and street connections. The entire Rochester Ridge subdivision includes 55 lots. The applicant is proposing to final plat Rochester Ridge in four phases. Part one which contains 18 lots and the stormwater management area for the entire all four parts was approved on August 2. The applicant is now seeking approval for Rochester Ridge Part Two with 13 lots on 4.57 acres. ANALYSIS: The final plat of Rochester Ridge Part Two is in general compliance with the preliminary plat, the sensitive areas plan, and the subdivision regulations. Construction drawings are currently being reviewed by the City Engineer. Legal papers are being reviewed by staff and must be approved by the City Attorney prior to Council approval of the final plat. A number of issues will need to be 2 addressed in the subdivider's agreement as discussed below. The Sensitive Areas Plan identifies several existing trees along Rochester Avenue that are to be protected. Many of these are within a 20 landscape buffer that is required for the double fronting lots. Others are located on individual lots. The legal papers should specify that these trees will be protected during installation of infrastructure and when houses are built upon the lots. The Sensitive Areas Development Plan allows more than 50% of the woodlands to be removed from the property provided that replacement trees are planted at a ratio of one tree per 200 square feet of removed woodlands. Some of the replacement trees will be provided within an easement for the required buffer along Rochester Avenue, others will be planted within Outlot C and others will be planted on individual lots. The legal papers should address the applicant's responsibility for planting the trees. The Condition Zoning Agreement requires the construction of Lower West Branch Road to connect to Amhurst Street within the existing right -of -way. This should be addressed in the legal papers and construction drawings. Fees will be paid In lieu of dedication of neighborhood open space. The legal papers should address this requirement. STAFF RECOMMENDATION: Staff recommends that SUB11- 00009, a final plat of Rochester Ridge Part Two, an 13 -lot, 4.57 - acre residential subdivision located at 2949 Rochester Avenue, be approved. ATTACHMENTS: 1. Location A 2. Plat Approved by: Jeff Davidson, Department of Planning and Community Development Ud Is -MdVH �XNIM cl Lo oaf �_ " b0 N III I nom N3380 ii o a' W of ° °�i U 9_ 8 d U SINy4 j �a�++ §§ F- 0OM 55 5 g 6$$ s g @Q@Q j�9SE � _LL f6§ lisp Ny°� ff3 3,H5 oaf °w- w�x� � p sn ° wa=y o 9_ 8 g j U SINy4 j � a�a3 §§ F- 0OM 55 5 g 6$$ s g @Q@Q j�9SE � § f6§ lisp o� z lij�Jhgl 1g,1111 I J � Z J �Z �1\ Z ad o IK � IL ok 4" M �� CL ¢ g On III lip � � W g$ $$ a Ln r- q y Ix o N o yp g j U SINy4 � a�a3 3 o Ui N � ko6Uy'+ f6§ o� g J � Z J �Z �1\ Z ad o IK � IL ok 4" M �� CL ¢ g On b o to o g$ $$ w R� g�. E yy b = = sE fr ��e tO.g6 et��e6 Sg tl � -SR� SRfi�S ul bsa f�9b�s `�.866b 1UJ Rd WL-W -b "U111119 . ^VG ly W N O W V3t -5o O Q 31_� Of d NO- 65 � WVU9b �5ygy U VEx i ? 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N00']J'4Yx' V, 1,0 \ n "\\ oo� AI, a g no � 1 k — A 'T C V .o .fie o Cd a I� 1N 14 dC 7 � if Na A Q�- 0 ,^ o CE CC Ix CC Ili I — A 'T C V .o .fie o Cd a I� 1N 14 dC 7 � if Na A Q�- 0 [i Marian Karr From: Lars Anderson <landerson @icialaw.com> Sent: Tuesday, September 06, 2011 4:25 PM To: Marian Karr Cc: Sara Greenwood Hektoen; allenhomesinc @gmail.com Subject: Rochester Ridge Part Two Marian, On behalf of Rochester Ridge LLC I am requesting that consideration of the Final Plat for Rochester Ridge, Part Two be deferred from the City Council meeting scheduled for tonight until the next scheduled meeting. Thanks for your assistance with this and let me know if you have any questions or need anything further from me in this regard. Lars Anderson Holland & Anderson LLP 300 Brewery Square 123 North Linn Street P.O. Box 2820 Iowa City IA 52244 Phone:(319) 354 -0331 Fax: (319) 354 -0559 Email: landerson @icialaw.com r f ^�i_., p, CITY O F IOWA CITY -6- M E M 0 RAN D UM Date: August 7, 2011 To: Tom Markus, City Manager From: Doug Boothroy, Director, Housing and Inspection Services Re: Conveyance of a single family home located at 920 Longfellow Place The Iowa City Housing Authority, under its Affordable Dream Home Program ( ADHOP), proposes to sell 920 Longfellow Place. The ADHOP program is a homeownership program implemented and administered by the Iowa City Housing Authority offering an opportunity for income eligible families to purchase newly constructed or newer homes. To meet the eligibility criteria for the ADHOP program, families must: I . Have an income at 40 -80% of the area median income for household size as established by the Federal Department of Housing and Urban Development (HUD). 2. Live in Johnson County for at least a year prior to application. 3. Demonstrate economic self - sufficiency through a stable work history of at least 3 years or completion of an education or job training program which resulted in employment. 4. Possess positive rental and credit histories. 5. Be capable of assuming the financial obligation of homeownership. The family must be able to make a minimum down payment of $500, make the projected monthly payments, secure and pay for liability, fire and casualty insurance, and pay real estate taxes, utilities, maintenance and other regularly occurring homeownership costs. 6. Provide a letter of pre- approval from a private lender. Preference is given to the family that requires the least amount to be financed through a second mortgage and whose size is appropriate for the available unit. This program does not target first -time homebuyers. The amount of the sale will be $147,000. The family is not currently assisted through the Housing Authority, but meets income eligibility criteria. The buyer has received a written commitment for a mortgage from a local bank in the amount of $100,250. The City will provide a second mortgage for $36,750 and the buyer has applied for a third mortgage in DAP funds for the remaining $10,000. This sale will provide the opportunity for a low- income family to obtain ownership of their own home. Staff recommends that City Council approve the resolution authorizing conveyance of a single family home located at 920 Longfellow Place. Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A SING LOCATED AT 920 LONGFELLOW PLACE. WHEREAS, the City Council of �he City of Iowa City functi Authority; and WHEREAS, on September 14, 199 1 the City Council cons' ered and passed Resolution No. 93 -255 approving the Section 5(h) the Agree ent for the conversion of public housing to private ownership, also kno n as the Tenant -to wnership Program; and WHEREAS, under this agreement the roceeds from such sales must be used to expand affordable housing opportunities in Iowa ity; and WHEREAS, the proceeds from such salek are used to provide affordable housing under the City's Affordable Dream Home Program ( "A HOP "); /and WHEREAS, the Iowa City Housing Autho Longfellow Place, Iowa City; and WHEREAS, the City has received an offer to sum of $147,000; and WHEREAS, this sale would provide the of their own home; and a single family home located at 920 se 920 Longfellow Place for the principal nity' Pr a low- income family to obtain ownership WHEREAS, on August 2, 2011, the C' y Council adop d a Resolution proposing to convey its interest in 920 Longfellow Place, au orizing public no ice of the proposed conveyance, and setting the date and time for the pu c hearing; and WHEREAS, following the public earing on the propose conveyance, the City Council finds that the conveyance is in the pu lie interest. NOW, THEREFORE, BE IT ESOLVED BY THE CITY CO NCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the directi of the City Attorney, the Mayor and t City Clerk are authorized to execute a warr my deed conveying the City's interest in 20 Longfellow Place, legally described as nit 920 Longfellow Place of Lot 13, Longfellow Manor Condominiums, Iowa City, Iowa. a Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $36,750, and a third mortgage for down payment assistance in an amount not to exceed $10,000. 0 E FAMILY F4R c.� a r ° 'c'` as the Iowa City ,}dousing �o WHEREAS, on September 14, 199 1 the City Council cons' ered and passed Resolution No. 93 -255 approving the Section 5(h) the Agree ent for the conversion of public housing to private ownership, also kno n as the Tenant -to wnership Program; and WHEREAS, under this agreement the roceeds from such sales must be used to expand affordable housing opportunities in Iowa ity; and WHEREAS, the proceeds from such salek are used to provide affordable housing under the City's Affordable Dream Home Program ( "A HOP "); /and WHEREAS, the Iowa City Housing Autho Longfellow Place, Iowa City; and WHEREAS, the City has received an offer to sum of $147,000; and WHEREAS, this sale would provide the of their own home; and a single family home located at 920 se 920 Longfellow Place for the principal nity' Pr a low- income family to obtain ownership WHEREAS, on August 2, 2011, the C' y Council adop d a Resolution proposing to convey its interest in 920 Longfellow Place, au orizing public no ice of the proposed conveyance, and setting the date and time for the pu c hearing; and WHEREAS, following the public earing on the propose conveyance, the City Council finds that the conveyance is in the pu lie interest. NOW, THEREFORE, BE IT ESOLVED BY THE CITY CO NCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the directi of the City Attorney, the Mayor and t City Clerk are authorized to execute a warr my deed conveying the City's interest in 20 Longfellow Place, legally described as nit 920 Longfellow Place of Lot 13, Longfellow Manor Condominiums, Iowa City, Iowa. a Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $36,750, and a third mortgage for down payment assistance in an amount not to exceed $10,000. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Passed and approved this day of 2011. n Approved by City Attorney's Office YOR CITY CLERK 1�y MJ",? 4 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 —299 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 920 LONGFELLOW PLACE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93 -255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant -to- Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ( "ADHOP "); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 920 Longfellow Place, Iowa City; and WHEREAS, the City has received an offer to purchase 920 Longfellow Place for the principal sum of $147,000; and WHEREAS, this sale would provide the opportunity for a low- income family to obtain ownership of their own home; and WHEREAS, on August 2, 2011, the City Council adopted a Resolution proposing to convey its interest in 920 Longfellow Place, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 920 Longfellow Place, legally described as Unit 920 Longfellow Place of Lot 13, Longfellow Manor Condominiums, Iowa City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $36,750, and a third mortgage for down payment assistance in an amount not to exceed $10,000. Resolution No. 11 -292 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Wilburn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright Passed and approved this 6th day of September , 2011. ATTEST: G k • !�� CI LERK Approved by City Attorney's Office r CITY OF IOWA CITY - 7 - MEMORANDUM --�§UMMAZ Date: August 31, 11 To: City Counc From: Douglas Boothroy Re: Disposition of 201 Decision: ispection Services Consider acceptance of the Tureks' purchase offer to demolish the dilapidated home (declared a nuisance by the City) located at 201 Ferson Avenue and construction of a new home with an architectural style consistent with the original home. Discussion: The City had 201 Ferson Avenue home appraised and purchased it for its appraised value of $170,000. The property was offered for sale three times, starting May 1, 2011 and proposals were invited for rehabilitation or demolition. Rehabilitation was given the highest priority in the offering. Only one proposal was received that met the minimum bid requirement of $170,000, and it was from Joseph (Joe) and Ann (Betsy) Turek subject to their structural engineer assessing the structural integrity of the building. The engineer's report concluded that the building was not "reasonably salvageable" due to settlement conditions of the right side of the structure. As a result of the engineer's assessment, the Tureks have decided to remove the existing home and rebuild a colonial structure in a style consistent with the original structure (see attached Turek letter). Recommendation: I recommend that the Council accept the Tureks' proposal of $172,000, because it eliminates an existing nuisance structure, results in building a new home with an architectural style consistent with the original building and the neighborhood, and will best reimburse the City for expenses incurred. hisadm /mem /201 ferson082911.doc Joe and Betsy Turek 343 Beldon Avenue Iowa City, IA 52246 August 22nd, 2011 Dear Iowa City Council, We are writing to express our continued interest in the property located at 201 Ferson Street in the Manville Heights neighborhood. Prior to relocating to Iowa City this summer, we took several trips to the area to find a home. In the process, we fell in love with the Manville Heights neighborhood, its older, yet eclectic homes and mature trees. While we didn't find a home to purchase, we did contract to lease a home in the neighborhood. So, for two months now we have lived within the community. While we still love the homes and the trees, we have been even more impressed by the sense of community and the wonderful location of the neighborhood. The opportunity to make our permanent home at 201 Ferson Street is very exciting to us. Due to the longstanding disrepair of the house located on the 201 Ferson Street property, we felt it prudent to employ a structural engineer to perform a formal inspection. His full report is attached. While the inspection was limited to exposed structures, the report does detail significant deterioration of the house, listing it in "extremely poor condition ". However, the most condemning evidence against a rehabilitation effort concerns the integrity of the foundation. There are cracks and significant inward bowing of the foundation walls under both the original home and the addition. The report states, "...the structural integrity of the walls is seriously impaired ". It was concluded that, "In our opinion the building as constructed is not reasonably salvageable..." As a result of this report, we have decided to pursue rebuilding of the house. We are committed to constructing a colonial home that is in a style consistent with the original structure. We have recently selected Ahmann Design, Inc. out of Hiawatha, Iowa to serve as our architects on this project. While we are waiting on architectural plans prior to obtaining bids from contractors, we have identified and spoken with Randy Rempel Construction and Cabinets, Inc. as a potential builder. We look forward to the opportunity to make a home in this wonderful neighborhood and we would appreciate your support. Sincerely, ra sy Turek Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 201 FERSON AVENUE. WHEREAS, the property at 201 Ferson Avenue was declared a public nuisance and acquired by the City through a voluntary transaction; and WHEREAS, the City invited proposals for the sale and renovation of the property and selected a proposal for renovation of the currently existing structure that will best reimburse the City for expenses incurred, as well as see to the rehabilitation of the property consistent with the original style of the home and neighborhood; and WHEREAS, the City has entered into a contract, subject to formal approval by the City Council, for the sale of the property for $172,000 and rehabilitation of the currently existing structure; and WHEREAS, conveyance of the property and rehabilitation of the currently existing structure is in the public interest; and WHEREAS, on August 2, 2011, the City Council adopted a Resolution proposing to convey its interest in 201 Ferson Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 201 Ferson Avenue, legally described as Lot 10 and part of Lot 9, Block 8, Manville Heights Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by and seconded by adopted, and upon roll call there were: AYES Passed and approved this Approved by City Attorney's Office NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright day of , 2011. MAYOR ATTEST: CITY CLERK the Resolution be August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: I have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is my understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. I wish to voice my support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. I therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. Sincerely yours, (Y�T-C"� John Kammermeyer, M.D. 116 Ferson Avenue cc: Dr. Joe Turek C.O, Tow& C 11 y c.CA N C 1 L S'- r-:)_ r P�� Y ` _le S'- August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: We have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is our understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. We wish to voice our support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. We therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. Sincerely yours, Ted & Margaret Nelson 235 Ferson Avenue cc: Dr. Joe Turek �a -1 C-1 -- f�J August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: We have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is our understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. We wish to voice our support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. We therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. Sincerely yours, f �Lorai�ne (/ a� Brenner 227 Ferson Avenue cc: Dr. Joe Turek August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: We have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is our understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. We wish to voice our support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. We therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. Sincerely yours, Barry & Linda Greene 215 Ferson Avenue cc: Dr. Joe Turek M1.1 =<�� August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: We have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is our understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. We wish to voice our support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. We therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. Sincerely yours, 212 Ferson Avenue cc: Dr. Joe Turek r .l -- -=A C") i' J August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: I have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is my understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. I wish to voice my support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. I therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. Sincerely yours, Jean Hogan 200 Ferson Avenue cc: Dr. Joe Turek C`? i �t August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: We have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is our understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. We wish to voice our support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. We therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. Sincerely yours, J.B. & Kerrie Barnhouse 131 Ferson Avenue cc: Dr. Joe Turek r.. l '_j 7 r.. l August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: I have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is my understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. I wish to voice my support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. I therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. Sincerely yours, John Menninger 130 Ferson Avenue cc: Dr. Joe Turek C-1 ear, %. ii �a N August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: We have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is our understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. We wish to voice our support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. We therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. cc: Dr. Joe Turek S f John Scott & Katherine Tachau 127 Ferson Avenue CZD t r� rs; August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: We have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is our understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. We wish to voice our support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. We therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. Sincerely yours, CAL"" J & Jean Spit er ` 124 Ferson Avenue cc: Dr. Joe Turek A 6'�J A August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: We have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is our understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. We wish to voice our support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. We therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. Sincerely yours, i In H.D. & Myrene Hoover 435 Bayard Street cc: Dr. Joe Turek Z; -- �- r- �` ,. ry August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: We have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is our understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. We wish to voice our support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. We therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. cc: Dr. Joe Turek Sincerely yours, Timothy & Jessica Kresowik 427 Bayard Street ED "D al's yYYC NO E U August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: I have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is my understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. I wish to voice my support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. I therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. cc: Dr. Joe Turek Sincerely yours, 1W anet Fairley A"Z5 426 Bayard Street f} N CJ u�urr i) tti.; f} August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: We have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is our understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. We wish to voice our support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. We therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. cc: Dr. Joe Turek Sincerely yours, Timothy & Kristine Stalter 421 Bayard Street 7 Q T I \l 7 August 24, 2011 Iowa City Housing & Inspection Services Staff RE: The Property at 201 Ferson Avenue To Whom It May Concern: I have been contacted by Dr. Joe Turek, concerning his wish to purchase the property at 201 Ferson Avenue, remove the present severely deteriorated house, and build a new home on the site. It is my understanding that Dr. Turek will be constructing a very nice traditional home compatible with the neighborhood. I wish to voice my support for Dr. Turek's plan and believe that it would be a wonderful resolution of the longstanding problem to have a new home built at 201 Ferson Avenue. I therefore encourage and urge the City staff to approve Dr. Turek's plan and his purchase of the property at 201 Ferson Avenue. cc: Dr. Joe Turek Sincerely yours, Isabella Grumbac �� 412 Bayard Street C-; t� 4r 9 N11 i �,l /VA k� Prepared by: Eric R. Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -293 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOSEPH AND ANN TUREK FOR PROPERTY LOCALLY KNOWN AS 201 FERSON AVE., IOWA CITY, AND RETAINING A PERMAMENT STORM SEWER AND DRAINAGEWAY EASEMENT. WHEREAS, 201 Ferson Ave., Iowa City, IA was acquired by the City as a nuisance property; and WHEREAS, the City requested and received proposals for the purchase and rebuilding of said property; and WHEREAS, following public hearing, the City finds that said purchase agreement should be approved and that the property should be conveyed in accordance therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached purchase agreement with Joseph and Ann (Betsy) Turek is approved. 2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute all documents necessary to dispose of said property, retaining the Permanent Storm Sewer and Drainageway Easement, in accordance with said purchase agreement. Passed and approved this 6th day of September , 2011. MAYOR Approved by ATTEST: _ r.✓ CIT LERK /City Attorney's Office Resolution No Page 2 11 -293 It was moved by champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x _x- _ x x x wpdata/g los sa ry/resolutio n-ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Purchase and Sale Agreement Page 1 COUNTER -OFFER TO: Joseph and Ann Turek ( "Buyers "). The City of Iowa City, Iowa, a municipal corporation ( "Seller "), makes the following Counter - Offer: The 1" three sentences of paragraph 21(b.) will be replaced by the following language: "Buyers shall complete rehabilitation of the residential structure currently on the property, consistent with Buyers' Rehabilitation Proposal, bringing it into compliance with Iowa City Code within 18 months of closing and possession. Any rehabilitation work must be congruous with the original colonial /neoclassical style of the property. In the event Buyers' structural engineer concludes the structure cannot reasonably be salvaged, Buyers are released from the requirement that they rehabilitate the property. In that event, Buyers may demolish the structure, but the lot must be restored or a new structure commenced within 6 months of the closing date hereof, and the new structure must be congruous with the original colonial /neoclassical style of the present structure. The new structure, compliant with Iowa City Code, must be completed, and a new Certificate of Occupancy issued, within 18 months of closing and possession." 2. Seller will retain a permanent sewer easement to allow for the recent sewer improvements made on the property. A plat and language will be provided when they become available, but no later than closing. 3. All other terms of the OFFER TO BUY REAL ESTATE AND ACCEPTANCE submitted by Buyers on July 18, 2011 that are not inconsistent with the terms of this Counter -Offer shall remain the same. 4. This Counter -Offer shall expire at 5:00 p.m. on August 1, 2011. Accepted this �r day of ,,s , 2011. BUYERS BY: Jos r h . Turek OF WWA SIT )j,%AOWA, Doug Bo throy, HIS D,V'rect Date and Tme 8�/� I1 Purchase and Sale Agree Tent Page 2 BY: �--- Ann E Turek Prepared by Jann Ream Code Enforcement Assistant 410E Washington St., Iowa City IA 52240, (319) 356 -5120 OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: City of Iowa City, an Iowa municipal corporation ( "Seller" or "Sellers ") 1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Johnson County, Iowa, and legally described on the acquisition plat attached hereto as Exhibit "A ", with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b, any covenants of record; c. any easements of record for public utilities, roads and highways; and d. (consider: liens, mineral rights; other easements; interests of others.) designated the; provided Buyer, on possession, is permitted to make the following use of the Real Estate: Residential *-�- ,,CO® 2. PRICE. The minimum purchase price shall be A4qfttDTV.W payable at JOHNSON County, Iowa, as follows: down payment of $1,000.00, receipt of which is hereby acknowledged , and the balance of the purchase price to be paid in full upon possession and closing. REAL ESTATE TAXES. a. Sellers shall pay all real estate taxes that are due and payable as of the date of possession and constitute a lien against the property, including any unpaid real estate taxes for any prior years. b. Sellers shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given (ending June 30, 2007) due and payable in the subsequent fiscal year (commencing July 1, 2007). Buyer shall be given a credit for such proration at closing (unless this agreement is for an installment contract) based upon the last known actual net real estate taxes payable according to the public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate, the assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's records on the date of possession. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. a. Sellers shall pay all installments of special assessments which are a lien on the Real Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof.. b. IF a. IS STRICKEN, then Sellers shall pay all installments of special assessments which are a lien on the Real Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. c. All other special assessments shall be paid by Buyer. -2- 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Sellers' delivery of possession of the Real Estate to Buyer shall be as follows: a. All risk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyer. b. IF a. IS STRICKEN, Sellers shall maintain $ of fire, windstorm, and extended coverage insurance on the Real Estate until possession is given to Buyer and shall promptly secure endorsements to the appropriate insurance policies naming Buyer as additional insureds as their interests may appear. Risk of loss from such insured hazards shall be on Buyer after Sellers have performed under this paragraph and notified Buyer of such performance. Buyer, if it desires, may obtain additional insurance to cover such risk. 6. CONDITION OF PROPERTY. Buyer is purchasing the Real Estate and improvements thereon in their present condition with no warranties or representations from Seller regarding the condition of the property or improvements thereon. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to the buyer. 7. ENVIRONMENTAL MATTERS. a. Sellers warrant, to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks located on the property, the property does not contain levels of radon gas, asbestos or urea - formaldehyde foam insulation which require remediation under current environmental standards, and Sellers have done nothing to contaminate the property with hazardous wastes. or substances. Sellers warrant that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks. Sellers also shall provide Buyer with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous waste or underground storage tanks on the Property, unless disclosed here. 8. POSSESSION AND CLOSING. Subject to Buyer's approval of title and both parties' timely performance of all obligations herein, closing shall be held on the date 60 days after formal approval by the City Council of Iowa city, Iowa and possession of the Real Estate shall be delivered to Buyer on the date of closing with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 9. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built -in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale. Seller does claim ownership of, and specifically disclaims any rights to, any other personal property -3- contained on the premises. Seller does not purport to transfer any rights therein. Any such personal property shall be considered abandoned by previous owners and /or parties in possession of the property. 10. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 11. ABSTRACT AND TITLE. Sellers, at their expense, shall obtain an abstract of title to the Real Estate. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. 12. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer or its assignees, by WARRANTY deed, free and clear of all liens, restrictions, and encumbrances except as provided in 4.a, through 4.c. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 13. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 14. REMEDIES OF THE PARTIES. a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Sellers' option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Sellers fail to timely perform this contract, Buyer has the right to have all payments made returned to it. c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 15. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Sellers shall furnish Buyer with a written statement from the holder of such lien, showing the correct balance due. 16. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association. M 17. ASSIGNMENT. This contract may not be assigned by the buyer. In case of the assignment of this contract by the Seller, prompt notice shall be given to the buyer„ who shall at the time of such notice be furnished with a duplicate of such assignment by such assignors. 18. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 19. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 20. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on the date 60 days after delivery of this offer to Sellers, it shall become void and all payments shall be repaid to the Buyer. 21. OTHER PROVISIONS. a. Sellers hereby agree to indemnify, defend and hold Buyer harmless against any and all claims made by other parties against Buyer for compensation related to any past, present, or future leasehold or other interests in the property subject to this offer or Sellers' adjacent property. This provision shall survive closing on the transaction provided for in this offer. b. Buyer shall have the choice to rehabilitate or demolish the existing structure. If buyer chooses to rehabilitate the existing structure, the structure shall be brought into compliance with the Iowa City Code and obtain a Certificate of Occupancy within 18 months of the closing date hereof. If buyer chooses to demolish the existing structure, the structure must be removed and either the lot restored or a new structure commenced within 6 months of the closing date hereof. This obligation shall survive completion of closing and transfer of possession, shall inure to the benefit and bind the successors and assigns of the Buyer, and shall be a covenant running with the title to the property. Upon closing and transfer of possession to the buyer, this Offer shall be recorded with the Johnson County Recorder, as notice of said obligation. Upon satisfaction of this obligation by the Buyer as provided for herein, the Director of the Housing and Inspection Services for the city of Iowa City is authorized to issue a release of this covenant sufficient for recordation with the Recorder of Johnson County, Iowa. C. ANTI- MERGER PROVISION. The parties specifically agree that all representations, warranties, agreement, responsibilities, obligations and comments specified herein shall survive the execution, delivery, and recording of the warranty deed required by Section 11 hereof, shall remain in full force and effective thereafter, and shall not be merged in or extinguished by such execution, delivery and recording of the warranty deed. d. This contract is subject to and conditioned upon formal approval by the City Council of Iowa City, Iowa pursuant to Iowa Code Section 364.7. If this contract is not formally approved by the City Council of Iowa City, Iowa, it shall be null and void, and the down payment shall be returned to Buyer. -5- Date: 4). TGIV,(name & title) !� Date: n1ame & title) This offer is accepted el-91 , 2011, subject to and conditioned upon formal approval by the City Council of Iowa City, Iowa, pursuant to Iowa Code Section 364.7 CITY OF IOWA CITY, IOWA ToXar , City Manager SELLER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY) On this Z day of , 2011, before me, the undersigned, a Notary Public in the and for the above named county (Ind state, personally appeared Tom Markus, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. BUYER'S ACKNOWLEDGEMENT o p1AL MARY E. M�CHRISTY Z,. COMMISSION # 145459 * MY COMMISS ON IXPIRES IOWA BUYER : -5- d. This contract is subject to and conditioned upon formal approval by the City Council of Iowa City, Iowa pursuant to Iowa Code Section 364.7. If this contract is not formally approved by the City Council of Iowa City, Iowa, it shall be null and void, and the down payment shall be returned to Buyer. Date: A k1 --� Date: �r� I l ,% Yl n L - y-,P-) <(name & title) This offer is accepted vZ , 2011, subject to and conditioned upon formal approval by the City Council of Iowa City, Iowa, pursuant to Iowa Code Section 364.7 CITY OF IOWA CITY, IOWA j Bye — Tom 1V1'arkus, City Manager SELLER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Z day of AU , 2011, before me, the undersigned, a Notary Public in the and for the above named county Vid state, personally appeared 7-ham-es l4. MgK(46 me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. APP \AL s� MARY E. MCGHKIb i Y COMMISSION # 145459 * MY COMMISSION EXPIRES Notary Pu BUYER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) -6- I' lI l E. i IORRAS Commission Number 753302 My Commission Expires MOW June 17, 2014 h r- On this _day of q It `J� 2011, before me, the undersigned, a Notary Public in the and for the above named con ty and state, personally appeared h t� �a �� and &n i- - T U9-aIL to me known to be the identical persons namell in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. i Notary Public City of Iowa City MEMORANDUM Date: August 24, 2011 To: City Manager From: John Yapp, Transportation Planner 7 ,�/- % 7`r— Re: Resolution adopting criteria for Iowa City Traffic Calming Program Introduction The Iowa City Residential Traffic Calming Program was adopted by City Council in 1996. The Traffic Calming Program includes criteria for the speed and volume of traffic for local and collector streets for streets to qualify for traffic calming devices. For local and collector streets, 85th percentile traffic speeds must be at least 5 MPH over the posted speed limit to qualify for the Program. Regarding traffic volumes, for local streets must be at least 500 vehicles per day, and collector streets must be at least 1,000 vehicles per day to qualify. Streets may qualify under either the speed or volume criteria, or both. Transportation Planning Division staff will measure traffic speed and volume upon receipt of a petition from households on the street requesting participation in the Traffic Calming Program. Background At the August 1 City Council work session, staff discussed the traffic calming program with Council. One of the discussion points was related to the maximum traffic volume a street may have to qualify for the Traffic Calming Program - the current criteria are that a street does not qualify for the Program if it has more than 3,000 vehicles per day. This criterion is in place to avoid traffic calming installations which result in excessive diversion of traffic to other streets. At the August 1 work session, we discussed amending this criterion to allow traffic calming devices on streets with more than 3,000 vehicles per day, but emphasizing that the type of traffic calming would be to reduce vehicle speeds, not to divert traffic to other streets. The US Traffic Calming Manual provides guidance on the types of traffic calming which reduce vehicle speeds without excessive diversion of traffic. Examples include curb bump -outs at crosswalks, medians and changes to on- street parking. Discussion of Solution Staff has prepared a resolution to adopt revised criteria for the Traffic Calming Program, to allow traffic calming on streets with over 3,000 vehicles per day. There is currently a $30,000 per year budget for traffic calming installations; the change in criteria is not expected to result in any additional cost, other than staff time to assist neighborhoods in accessing the Program. Recommendation Staff recommends the revised criteria for the Iowa City Traffic Calming Program be adopted. M-4 /�- Prepared by: John Yapp, MPOJC, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5252 RESOLUTION NO. 11 -294 RESOLUTION ADOPTING CRITERIA FOR THE IOWA CITY TRAFFIC CALMING PROGRAM WHEREAS, the Iowa City Residential Traffic Calming Program was adopted in 1996; and WHEREAS, the Traffic Calming Program includes criteria for traffic speeds and volumes in order for a street to qualify for traffic calming; and WHEREAS, it is in the public interest to modify the criterion regarding the maximum traffic volume for a street to qualify for the Traffic Calming Program, and allow traffic calming on streets with traffic volumes over 3,000 vehicles per day; and WHEREAS, on collector streets with over 3,000 vehicles per day, traffic calming features which result in reduced traffic speed but not excessive traffic diversion will be emphasized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Residential Traffic Calming Program evaluation criteria, attached, are hereby approved. Passed and approved this 6th day of September 201_ ATTEST: �� .�GG1�r/ 25J �L - CITY ERK _ 4�-�d MAYOR Approved by City Attorney's Office gla 1 /� t It was moved by Champion and seconded by rams the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —X-- Bailey X Champion Dickens —�— Hayek X Mims Wilburn X Wright X m pojctp /res/I CT C- criteria. doc Iowa City Residential Neighborhood Traffic Calming Program Evaluation Criteria Modified by the city council 9/6111 To initiate a traffic study of the street proposed for traffic calming, a formal request will be required from the neighborhood association that includes the street proposed for traffic calming, or a petition will be required from interested residents along the street proposed for traffic calming. 2. The street considered for traffic calming measures should be functionally classified as a local residential street or a collector street. On a collector street, traffic diversion should not be an objective or a result of traffic calming measures. 3. Traffic volumes on a residential street should exceed 500 vehicles per day and on a collector street should exceed 1000 vehicles per day. 4. On collector streets with over 3,000 vehicles per day, traffic calming features which result in reduced traffic speed but do not result in excessive traffic diversion, according to the U.S. Traffic Calming Manual, will be emphasized. 5. The measured 85th percentile speed should exceed 5 mph over the posted speed limit. For example, on a street with a posted speed limit of 25 mph, the 85th percentile speed should exceed 30 mph to be considered for traffic calming. 6. Staff will meet with the neighborhood association and /or interested residents, and determine which traffic calming measures are reasonable for evaluation. Staff will conduct a traffic study which will include evaluating the perceived traffic problems, roadway geometry, and the impact on adjacent streets (traffic diversion) from the proposed traffic calming measures. The objective of the design shall be to reduce the 85th percentile speed to the speed limit. 7. The Police Department, Fire Department, and ambulance service will be asked to comment on the proposed street modification's impact on emergency vehicle response. The Transit Division will be asked to comment on the proposed street modification's impact on public transit service. Speed humps and speed tables will not be recommended on primary emergency response routes or transit service routes. 8. If the traffic study shows that traffic calming measures can be implemented safely, a mail -back survey of all affected residential dwelling units will then be conducted by the City. The questionnaire will allow each residential dwelling unit to express: (1) support for all proposed traffic calming measures; (2) support for some traffic calming measures but not others; or (3) no support for any traffic calming measure. A proposal for traffic calming must be supported by at lest 60% of the residential dwelling units responding to the questionnaire in order to be considered for implementation. On a street functionally classified as a local residential street, the mail -back survey will include all residential dwelling units with direct access to the street. On a street functionally classified as a collector street, the mail -back survey will include all residential dwelling units with direct access to the street, as well as all residential dwelling units on adjacent local residential streets which feed solely into the collector street. 9. The City Council shall make the final determination regarding the appropriateness of a traffic calming project based on traffic information, neighborhood support, staff recommendations, and other factors deemed pertinent. jccogtpUrafcalm.doc I �� CITY OF IOWA CITY �R � 11 A ,4®,,M MEMORANDUM ,%sun. To: City Manager From: Wendy Ford, Economic Development Coordinator Date: August 25, 2011 Re: Resolution of Necessity for Riverfront Crossings Urban Renewal Area Introduction: A Resolution of Necessity is the first step to establish an Urban Renewal Area. This Resolution of Necessity for Riverfront Crossings Urban Renewal Area sets into motion the steps of requiring the Planning and Zoning Commission to review and recommend the plan, of holding a consultation with other taxing jurisdictions in the county, and of setting a date for a Public Hearing on the plan. History /background: The proposed Riverfront Crossings Urban Renewal Plan has been developed to help reduce blighted areas and promote economic development within Iowa City. Disinvestment over time reduces the likelihood that neighboring property owners will choose to invest and the cycle continues as blighted conditions increase and property values decrease. This cycle was exacerbated in Riverfront Crossings by the flood of 2008. The proposed Urban Renewal Area encompasses both sides of Riverside Drive between Iowa Highway 1 on the south and Myrtle Ave. on the north, and from the Iowa River on the east to a line roughly 1 block west and parallel to Riverside Drive. The entire area was significantly affected by the floods in 2008. The 2002 Southwest District Plan addresses the need for changes and improvements in this area, citing the lack of attention to the relationship between commercial and residential uses, among other things, as having contributed to general disinvestment and declining property values in the area. The district plan calls for redevelopment that would better blend the business with the residential neighborhood and for improvements to the walkability and streetscape in the area. In 2008, several buildings along the east side of Riverside Drive were inundated in the flood forcing some businesses to close for good or relocate and others to substantially rebuild. One building near the Benton Street bridge had been vacant for years before the flood and remains in a further dilapidated condition today. Although some properties rebuilt after the flood, or are of newer construction, a substantial number of structures and properties are appropriate for blight remediation. Discussion of Solution: In order to make development or redevelopment sites attractive to new and expanding businesses, communities are often called upon to provide financial incentives and programs. With the creation of an urban renewal area, a city may establish a tax increment financing (TIF) district. At the City Council's discretion, TIF may be used for August 30, 2011 Page 2 public improvements such as roadway and sidewalk repair, trails, or for public /private partnerships to assist in development or redevelopment of properties. When considering public /private partnerships, there should be a clearly identified public benefit. The area is designated for blight remediation due to the presence of a substantial number of deteriorated or deteriorating structures, defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, deterioration of sites, and the existence of conditions which endanger property by various causes, including a combination of the foregoing factors. Such conditions substantially impair or arrest the sound growth of the City, retard the provision of housing accommodations, or constitute an economic or social liability and are a menace to the public health, safety or welfare of the City in the area's present condition and use. The ability to use a portion of the increase in property taxes generated by redevelopment for public projects such as beautifying the Riverside Drive commercial corridor, increasing trail connectivity along the Iowa River, and remediating some of the blight conditions in the area will improve the environmental and economic health of the community. This is a primary goal of establishing the Riverfront Crossings Urban Renewal Area. Recommendation and Justification: Staff recommends approving the Resolution of Necessity to enable a review of the plan by the Planning and Zoning Commission, a consultation with the other taxing entities and to set a Public Hearing on the Riverfront Crossings Urban Renewal Plan. The Urban Renewal Plan, will enable the City to assist in redevelopment efforts which will return greater property tax generation over a shorter period of time than would happen without it. cc: Jeff Davidson Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 11 -295 RESOLUTION DETERMINING THE NECESSITY AND SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED RIVERFRONT CROSSINGS URBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA WHEREAS, it is hereby found and determined that a blighted area, as defined in Chapter 403, Code of Iowa, exists within the City and rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health,. safety, or welfare of the residents of the City; and WHEREAS, blight conditions, as defined in Chapter 403.17, Code of Iowa, include the presence of a substantial number of deteriorated or deteriorating structures, deterioration of site or other improvements, faulty lot layout, accessibility or usefulness, or any combination of these factors; and WHEREAS, the area is designated for blight remediation due to the presence of a substantial number of deteriorated or deteriorating structures, defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, deterioration of sites, and the existence of conditions which endanger property by various causes, including a combination of the foregoing factors. Such conditions substantially impair or arrest the sound growth of the City, retard the provision of housing accommodations, or constitute an economic or social liability and are a menace to the public health, safety or welfare of the City in the area's present condition and use, and WHEREAS, this council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law and has caused there to be prepared a proposed Riverfront Crossings Urban Renewal Plan for the area described therein, which proposed Plan on file in the City Clerk's Office; and WHEREAS, this proposed Urban Renewal Area includes and consists of: Beginning at a point on the southeast corner of Sturgis Corner Addition Part 11; Thence southerly to the centerline of U.S. Highway 6; Thence westerly along said centerline to its intersection with S. Riverside Drive; Thence continuing westerly along the centerline of State Highway 1 to a point where it intersects with the centerline of Orchard Street extended; Thence northerly along the centerline of Orchard Street to the centerline of the Iowa Interstate Railroad; Thence easterly along said railroad centerline to a point that is 190', more or less, west of the point of intersection of the railroad and the centerline of State Highway1 /Riverside Drive; Thence northerly to the north right -of -way line of said railroad; Thence north 118' to the south right -of -way line of S. Riverside Court; Thence north 12.5' to the centerline of S. Riverside Court; Thence west along said centerline to where it intersects with the extension of the west boundary of property described as follows: Commencing 459.5' east of the SW corner of Lot 1; N100'; E60'; S100'; W60% Ryerson's and Sharp's Subdivision. Thence northerly along said west property line extended to the centerline of Myrtle Ave; Resolution No. 11 -295 Page 2 Thence east along said centerline, continuing east to the west bank of the Iowa River; Thence southerly along the west bank of the Iowa River to the point of beginning; And the right of way of all adjacent roads. WHEREAS, the Iowa statutes require the City Council to submit the proposed Riverfront Crossings Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole prior to City Council approval of such urban renewal plan, and further provides that the Planning and Zoning Commission shall submit its written recommendations thereon to this Council within thirty (30) days of its receipt of such proposed Riverfront Crossings Urban Renewal Plan; and WHEREAS, the Iowa statutes further require the City Council to notify all affected taxing entities of the consideration being given to the proposed Riverfront Crossings Urban Renewal Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modification to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5 as amended; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Riverfront Crossings Urban Renewal Plan subsequent to notice thereof by publication in a newspaper having general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project under consideration, with a copy of said notice also being mailed to each affected taxing entity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Section 1. That a blighted area, as defined in Chapter 403, Code of Iowa, exists within the City and rehabilitation, conservation, redevelopment, development, or combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City. Section 2. That the consultation on the proposed Riverfront Crossings Urban Renewal Plan required by Section 403.5(2) of the Code of Iowa, as amended, shall be held Friday, September 30, 2011, in the City Manager's Conference Room, Civic Center, Iowa City, Iowa, at 10:00 a.m. and Wendy Ford, Economic Development Coordinator, is hereby appointed to serve as the designated representative of the City for purposes of conducting said consultation, receiving any recommendations that may be made with response thereto and responding to the same in accordance with Section 403.5(2). Section 3. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all 403.17(1A), along with a copy of the proposed notice to be in substantially the following form: affected taxing entities, as defined in Section Riverfront Crossings Urban Renewal Plan, said NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF IOWA CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED RIVERFRONT CROSSINGS URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA Resolution No. 11 -295 Page 3 The City of Iowa City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1A) of the Code of Iowa, as amended, commencing at 10:00 o'clock A.M. on September 30, 2011, in the City Manager's Conference Room, Civic Center, Iowa City, Iowa, concerning a proposed Riverfront Crossings Renewal Plan, a draft copy of which is on file in the office of the City Clerk. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the proposed Urban Renewal Area, and the duration of any bond issuance included in said Plan. The designated representative of any affected taxing entity may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. Wendy Ford, Economic Development Coordinator, as the designated representative of the City of Iowa City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Riverfront Crossings Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this day of City Clerk, Iowa City, Iowa (END OF NOTICE) Section 3. That a public hearing shall be held on the proposed Riverfront Crossings Urban Renewal Plan before the City Council at its meeting which commences at Tuesday, October 4, 2011, at 7:00 P.M. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa. Section 4. That the City Clerk is authorized and directed to give public notice of this public hearing in the "Press- Citizen," once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED RIVERFRONT CROSSINGS URBAN RENEWAL PLAN FOR A PROPOSED URBAN AREA IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa will hold a public hearing before itself at its meeting on October 4, 2011 which commences at 7:00 P.M. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa to consider adoption of a proposed Riverfront Crossings Urban Renewal Plan (the "Plan ") concerning a proposed Urban Renewal Area in Iowa City, Iowa legally described as follows: Beginning at a point on the southeast corner of Sturgis Corner Addition Part Il; Resolution No. 11 -295 Page 4 Thence southerly to the centerline of U.S. Highway 6; Thence westerly along said centerline to its intersection with S. Riverside Drive; Thence continuing westerly along the centerline of State Highway 1 to a point where it intersects with the centerline of Orchard Street extended; Thence northerly along the centerline of Orchard Street to the centerline of the Iowa Interstate Railroad; Thence easterly along said railroad centerline to a point that is 190', more or less, west of the point of intersection of the railroad and the centerline of State Highway1 /Riverside Drive; Thence northerly to the north right -of -way line of said railroad; Thence north 118' to the south right -of -way line of S. Riverside Court; Thence north 12.5' to the centerline of S. Riverside Court; Thence west along said centerline to where it intersects with the extension of the west boundary of property described as follows: Commencing 459.5' east of the SW corner of Lot 1; N100'; E60'; S100'; W60% Ryerson's and Sharp's Subdivision. Thence northerly along said west property line extended to the centerline of Myrtle Ave; Thence east along said centerline, continuing east to the west bank of the Iowa River; Thence southerly along the west bank of the Iowa River to the point of beginning; And the right of way of all adjacent roads. which land is to be included as part of this proposed Urban Renewal Area. A copy of the plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa is the local agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvement, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The Plan initially proposes specific public infrastructure or site improvement to be undertaken by the City, but provided that the Plan may be amended from time to time to respond to development opportunities. Any person or organization desired to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the State Code of Iowa. Dated this day of s /Marian K. Karr City Clerk, Iowa City, Iowa (END OF NOTICE) Section 5. That the proposed Riverfront Crossings Urban Renewal Plan, attached hereto as Exhibit A, is hereby declared to be the proposed Riverfront Crossings Urban Renewal Resolution No. 11 -295 Page 5 Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Plan shall be placed on file in the office of the City Clerk. Section 6. That the proposed Riverfront Crossings Urban Renewal Plan be submitted to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for the development of the City as a whole, with such recommendation to be submitted in writing to the Council within thirty (30) days of the date hereof. Passed and approved this 6th day of September , 20 11 &A,&, Ss _ MAYOR �j Approved by ATTEST: 7C CITY ERK City Attorney's Office e a97/� Resolution No. 11 -295 Page 6 It was moved by Mims and seconded by 'Rai i ey the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Rlverfront Crossing Urban Renewal Area npproYlmar.+ly 44 A[fu - A subyanbal N^ocr •),• :luny, d<t<ylxab•d, or ddUrUradnq structures D� `calve o• I- M.:gwtc secet Layout Faulty lot layout in relatlon to a +c, e. ^. _-,quacy, ar.,embdRy, or ucefulnr_:s Ursantary or unsafe cordiitwu - Dearrm ?-tion o' at: or othot improv -•nuYU Dwrity or ovm:rartp, tax, o• special zcc•_ r><Yx delinquency exree9ing tM.':nr vale: of b.• OEkt":cbvr, or unuoual tondibon. of title; or fie exKtrnu: V tonitwu wrh& endanger lK; or property by fire and other czases Any :.ombmbon or th.ze factors NOTICE TO BIDDERS STATE OF IOWA — Sealed bids will be received on August 16, 2011 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa for various items of construction and /or maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p. M. The Iowa Department of Transportation (DOT) uses the Bid Express website ( www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for a two -hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two -hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 423.3 (80). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub - contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: • Posted on the Internet at www.ia.bidx.com • Available by calling the Office of Contracts of the Iowa Department of Transportation at 515- 239 -1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal -Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87 -581 and Implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non - resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515- 239 -1414 Bid Order: 003 DBE Goal: NONE Work Type: RECONSTR – BRIDGE WIDENING Guarantee: $62,500.00 Project: JOHNSON – STP -U- 3715(651) -70 -52 Route: DUBUQUE STREET IN THE CITY OF IOWA CITY, OVER THE IOWA RIVER a U Prepared by: Brian Boelk, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5437 RESOLUTION NO. 11 -296 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BUTLER BRIDGE PEDESTRIAN TRAIL [STP -U- 3715 - (651)-- 70 -52] PROJECT. WHEREAS, Peterson Contractors, Inc. of Reinbeck, Iowa has submitted the lowest responsible bid of $896,589.55 for construction of the above -named project; and WHEREAS, funds for this project are available in the Butler Bridge Pedestrian Trail account #4217. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above -named project is hereby awarded to Peterson Contractors, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 6th day of September 12P 11 MAYOR Approved by ATTEST: CIT -SLERK City Attorneys Office e/aa�� It was moved by Wright and seconded by T)i rkeDS the Resolution be adopted, and upon roll call there were: AYES: X X X X pweng \res /butt erb rdgtra i I -awrd con. doc 8/11 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright City of Iowa City MEMORANDUM DATE: August 17, 2011 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Highway 1 Trail Project — Orchard Street to Sunset Street — September 6 The Highway 1 Trail Project — Orchard Street to Sunset Street involves the construction of a 10 -foot wide trail along the north side of Highway 1 from Sunset Street to Orchard Street and an 8 -foot wide trail along the west side of Orchard Street. This project will also include 5 -foot wide sidewalks along the east side of Miller Avenue and the west side of Hudson Avenue, a Highway 1 crossing at the Wal -Mart entrance, a walk connection to the existing walk on the east side of Sunset, and potential connections to Edingale and Ashley Court. The need for this project was identified in a plan developed by University of Iowa graduate students in the Urban and Regional Planning program. The plan titled, "Planning for Action, Neighbors for Improving Miller- Orchard" was completed in the spring of 2009. This project will help achieve three of the strategies identified in the plan: encourage homeownership, create a safer neighborhood and advocate investment in the commercial areas. The Council identified the Highway 1 Trail Project — Orchard Street to Sunset Street as a priority in the FY 2011 Capital Improvement Plan. Besides a relatively short section of 4 -foot wide sidewalk along Orchard Street, there are currently no sidewalks or trails along Highway 1, Orchard Street, or on either side of Miller Avenue and Hudson Avenue. Pedestrians and bicyclist do not have safe pathways to travel on in order to access the commercial areas within the neighborhood. The infill sidewalks this project constructs along Miller Avenue and Hudson Avenue will link the residential properties along these streets and the properties to the north with the proposed trail along Highway 1 and make the commercial areas more accessible. The trial along Orchard Street will serve as a link between the proposed trail along Highway 1 and the existing trail system. This extension of the trail system through the neighborhood will make the commercial areas more accessible for residents outside the neighborhood as well as residents in the neighborhood. This project will also work in conjunction with the UniverCity Project by making the Douglas Court area more accessible. In order to get the process started on this project, staff has negotiated an agreement with Shive - Hattery, Inc. of Iowa City, Iowa to prepare preliminary and final design for construction of the Highway 1 Trail Project — Orchard Street to Sunset Street. Staff recommends authorization of the consultant agreement with Shive - Hattery, Inc. of Iowa City, Iowa at the September 6, 2011 council meeting cc: Rick Fosse, Public Works Director M Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5149 RESOLUTION NO. 11-297 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE- HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE HIGHWAY 1 TRAIL PROJECT — ORCHARD STREET TO SUNSET STREET. WHEREAS, the City of Iowa City desires to make commercial areas along Highway 1 more easily accessible for residents by providing safe pathways for pedestrians and bicyclists to travel on; and WHEREAS, this project will construct a 10 -foot wide trail along the north side of Highway 1 from Sunset Street to Orchard Street, an 8 -foot wide trail along the west side of Orchard Street, and 5 -foot wide sidewalks along the east side of Miller Avenue and the west side of Hudson Avenue; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Highway 1 Trail Project — Orchard Street to Sunset Street; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Shive- Hattery, Inc., of Iowa City, Iowa, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Shive - Hattery, Inc. of Iowa City, Iowa; and WHEREAS, funds for this project are available in the Highway 1 Trail Project — Orchard Street to Sunset Street account #4222- 441880. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 6th day of September 120 11 ATTEST: A;�ZZ� C TY LERK pweng /res /DesignAgt -Hwy1 RecTrail.doc ,.— � MAYOR - Ap roved by �1. City Attorney's Office /.3 Resolution No. Page 2 11 -297 It was moved by Mims and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion Dickens -� Hayek X _� Mims x Wilburn Wright x_ wpdata/9lossary/resolution4c. doe CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 6th day of September , 2011, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive- Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires to construct a recreational trail along the north side of Highway 1 from Sunset Street to Orchard Street. The project will also include 5 -foot wide sidewalks along the east side of Miller Avenue and the west side of Hudson Avenue, 8 -foot walk along the west side of Orchard Street, Highway 1 crossing at the Wal -Mart entrance, walk connection to the existing walk on the east side of Sunset, and potential connections to Edingale and Ashley Court. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Survey and Base Mapping A. Design Survey The Consultant shall perform surveys as necessary to prepare a strip topography within the project limits route, as shown on Exhibits B and C. B. Base Map Preparation Base maps to facilitate the trail design will be prepared from the topographic survey information. The maps will be prepared along the proposed alignment and will include existing topography features, right -of -way and easement lines, buried utilities based on field locates, and above ground surface features affected by the proposed construction. Preliminary Design Phase C. Preliminary Design 1. Prepare one or more proposed schematic design concepts for City review and approval. 2. Based on an approved schematic design concept plan, prepare a geometric layout plan of the proposed trail. 3. Prepare horizontal and vertical alignments to be used as the basis for final design. 4. Identify design constraints and easement and /or right -of -way needs for phased construction and review construction phasing plan as necessary to coordinate with access and construction. A drawing will be provided to illustrate easement and /or right -of -way needs. 111234 -P -2- 5. Develop a preliminary traffic control plan consistent with the proposed construction schedules. 6. Prepare anticipated trail project schedule and opinion of probable construction cost. 7. Prepare and submit required initial submittals to the City and Iowa Department of Transportation (DOT) for preliminary design approval. 8. Meet with City representatives to review preliminary project design and obtain review comments. g. Attend and participate with neighborhood coordination meeting to review the project. One neighborhood meeting is anticipated. The Consultant will also assist the City with individual meetings with individual property owners as requested. Construction Document Phase A. Final Design Determine the pavement structures including type, thickness of surfacing, subbase design, subdrainage design, typical joint designs, and related pavement details. B. Typical Pavement Sections The final design typical pavement sections will be developed for the project. These sections will show the pavement section, subgrade requirements, grading requirements, and pavement border design. C. Final Plan and Profiles The final design and drafting of the trail plan and profiles will be prepared on base maps prepared for the project. D. Final Design Cross - Sections Prepare the final design of the individual cross - sections for the project. Cross - sections will be developed at a minimum of 50 -foot intervals with additional cross - sections included as necessary. Cross - sections will show the existing ground as well as final grading, foreslopes, backslopes, special subgrade treatment, and other pertinent information. E. Final Design Plans Layout plans and appropriate detailed design drawings showing the project and component parts shall consist of plans, elevations, sections, and other drawings for bidding and construction purposes. Final design and drafting of trail plan and profile sheets will include complete detailed information for location of existing utilities, typical cross - sections, and individual cross - sections. 111234 -P F G. H. IN L M. -3- Final Storm Drainage Design Final design and drafting of the storm sewer system, storm sewer inlets, manholes, culverts, ditches, and other storm drainage appurtenances on the project will be developed. The design of the storm sewer system will be based on current Iowa City design standards. Erosion Control Final design and drafting of temporary and permanent erosion control measures to be provided on the project during construction will be completed. A stormwater pollution prevention plan (SWPPP) and NPDES permit binder will be included with the project. Signing and Pavement Markings Final design and drafting of roadway /trail signing and pavement markings which are to be a permanent part of the project. Final Design of Incidental Components Incidental design work necessary for the project concept such as sidewalk ramps, relocations, etc. not specifically stated herein necessary to construct a final completed project shall be the responsibility of the Consultant and no additional compensation shall be provided. Specifications The Statewide Urban Design Standards (SUDAS) will be utilized as the technical specifications for the project. The City of Iowa City standard contract documents will also be utilized for this project. Supplemental specifications and special provisions required by the project will be prepared and incorporated with the standard documents. Final Quantities The final bid quantities will be determined and included with the project specifications bidding form. Final Cost Opinion Following completion of the final design, an opinion of probable construction costs based on the final design will be prepared. Submittals, Reviews, and Revisions Submit plans, approximately review and field examination. with the City. 111234 -P 80% complete, to the City to facilitate plans /specification Participate in field examination and plan /specification review -4- N. Final Plan and Specification Submittal Submit final plans, specifications, contract documents, and opinion of probable construction costs to the City and Iowa DOT for final approval. O. Assemble Plan Documents Following final plan revisions, assemble title sheet, project. quantities and reference sheet, location plan, pavement detail sheets, grading plan and profile sheets, typical section and tabulation sheets, and cross - section sheets. P. Utilities Submit plans to affected utility companies and communicate relocation needs. The City will lead the coordination effort with utilities. The Consultant will provide assistance as needed. Permitting Provide sensitive areas ordinance evaluation, archeological, endangered species, and wetland delineation reporting of the project corridor. Survey will be completed by the consultant staff and specialty subconsultant, Transition Ecology. Wapsi Valley shall be a subconsultant to Transition Ecology. Submit findings to the appropriate jurisdiction. Prepare and submit Iowa Department of Transportation Highway Right of Way for Recreational Trail Operation permit application. Bidding and Construction Phases The City will provide bidding and construction phase services. The Consultant will respond to questions during the bidding and construction phases, prepare addenda as appropriate, and attend the preconstruction conference. Additional Services Right -of -Way / Easement Services: At this time the extent of permanent and /or temporary easements or right -of -way is unknown for the project. Right -of -Way / Easement services such as preparation of plats and legal descriptions may be provided as additional services. Environmental Mitigation: Should environmental mitigation be required for the project, these mitigation services may be provided as additional services. Geotechnical: Geotechnical investigation services may be added as additional services. Traffic & Transportation Engineering: Traffic engineering including pedestrian signals may be added as additional services. 111234 -P -5- 11. TIME OF COMPLETION The Consultant. shall complete the following phases of the Project in accordance with the schedule shown below. Start Complete Survey & Base Mapping September 2011 September 2011 Preliminary Design Phase October 2011 December 2011 Construction Document Phase January 2012 March 2012 Bidding April 2012 Construction 2012 Needs for temporary and /or permanent easements and /or right -of -way shall be defined during the preliminary design phase. The schedule will be adjusted as needed depending upon project acquisition needs. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. 111234 -P M G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. 111234 -P -7- IV. COMPENSATION FOR SERVICES The Consultant shall be compensated for the above scope of services for an hourly not -to- exceed fee of $136,750 calculated based on the rate schedule attached and incorporated herein. An estimated breakout of the fee is as set out below. The Consultant shall be compensated for reimbursable expenses such as mileage, postage, printing and plotting for the project according to the rate schedule attached hereto. The Consultant shall obtain prior written approval from the City prior to performing any work beyond that set out in the above scope of services. The Consultant shall be compensated on an hourly basis, as well as compensated for expenses, for any work beyond that set out in the above scope of services. Hourly Not -to- Exceed Fee Schedule Survey & Base Mapping $14,500 Preliminary Design Phase 55,000 Construction Document Phase 48,500 Permitting Phase 11,750 Bidding and Construction Phase 5,000 Expenses 2,000 Total $136,750 V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Matthew , . ,' u_ • Date: September 6, 2011 ATTEST: - q Maria K'. Karr, City Clerk pwWormslconsag mt.frm 111234 -P FOR THE CONSULTANT By: Kevin P. Trom, PE Title: Project Manager Date: August 29 2011 Approved by: City Attorney's Office Date EXHIBIT A STANDARD HOURLY FEE SCHEDULE Highway 1 Trail Project PROFESSIONAL STAFF: Grade 1 $ 75.00 Grade 2 $ 88.00 Grade 3 $ 98.00 Grade 4 $109.00 Grade 5 $119.00 Grade 6 $129.00 Grade 7 $143.00 Grade 8 $156.00 Grade 9 $171.00 ADMIN STAFF: $ 51.00 SURVEY STAFF: One Person $ 98.00 Two Person $152.00 REIMBURSABLE EXPENSES: TECHNICAL STAFF: Grade 1 $ 51.00 Grade 2 $ 60.00 Grade 3 $ 69.00 Grade 4 $ 78.00 Grade 5 $ 88.00 Grade 6 $ 97.00 Grade 7 $108.00 TRAVEL IN -HOUSE SERVICES Mileage- Car/Truck $0.55/ Mile Prints /Plots: Mileage- Survey Trucks $0.65/ Mile Bond $ .30 /Sq.Ft. Lodging, Meals Cost + 10% Mylar $ .75 /Sq.Ft. Airfare Cost + 10% Photogloss $ .90 /Sq.Ft. Car Rental Cost + 10% Color Bond $ .60 /Sq.Ft. Foam Core Mounting $ 13.00 OUTSIDE SERVICES Computer Services Cost + 10% Color Prints: Aerial Photogrammetry Cost + 10% Letter Size $ 1.00 *Professional Services Cost + 10% Legal Size $ 2.00 Prints /Plots /Photos Cost + 10% 3 -D Scanner /Hour $300.00 Deliveries Cost + 10% *Professional Services includes Transition Ecology (subconsultant) Cost = $90 per hour and Wapsi Valley (subconsultant to Transition Ecology) Hourly Cost = not -to- exceed $2,895.00 111234P City of Iowa City MEMORANDUM DATE: August 31, 2011 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Rochester Avenue Bridge Reconstruction The existing Rochester Avenue Bridge, located between Montrose Avenue and Parsons Avenue, is a 40'x 24' I -beam bridge built in 1934 with a 5' sidewalk located on the south side. There is a wood truss pedestrian bridge that accommodates the sidewalk on the north side. Currently, the bridge is listed as Structurally Deficient and the bridge deck, in poor condition, is rapidly reaching the end of its useful life. In 2010, the bridge was posted for a 20 ton weight limit and speed / gear shifting restrictions were placed on City fire trucks and buses. The Iowa City Council passed a resolution, dated April 27, 2010 accepting an agreement with the Iowa Department of Transportation (DOT) for Federal -aid funding through the Highway Bridge Program. Replacement rather than repair has been recommended by the Iowa DOT. This federally funded project can receive 80 percent reimbursement of all eligible project costs, up to a limit of $1,000,000. The preliminary estimated total project cost is $720,000. The Rochester Avenue Bridge project will replace the existing two lane bridge with a new bridge to carry two lanes of traffic, widened to match the existing street width, and sidewalks on both the north and south sides. The new bridge will be designed to meet local and state guidelines for traffic and pedestrians, and bridge aesthetics will be improved to enhance the neighborhood and views of the creek. Currently, the south sidewalk between the bridge and 7th Street is not contiguous. The sidewalk will be extended as part of this project to 7th Avenue to provide adequate connectivity. Additional sidewalk, storm sewer and water main improvements will be made as seen necessary within the project area. Lastly, significant streambank erosion has occurred downstream of the bridge. The plans will include much needed stabilization in these areas and a hydraulic analysis of the creek will be completed to aid in the design. Staff has coordinated with the Iowa DOT through the Consultant Selection process and is recommending that the City enter into an agreement for design and construction services with Shoemaker & Haaland Professional Engineers. The hourly, not -to- exceed contract amount is $88,706.57. Construction is scheduled to take place next summer. Cc: Melissa Clow, Special Projects Administrator Rick Fosse, Public Works Director /i. Prepared by: Melissa Clow, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5413 RESOLUTION NO. ii-29s RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE ROCHESTER AVENUE BRIDGE RECONSTRUCTION PROJECT. WHEREAS, the Iowa Department of Transportation (IDOT) has listed the Rochester Avenue Bridge as Structurally Deficient and eligible for federal -aid funding through the Highway Bridge Program; and WHEREAS, IDOT has recommended replacement rather than repair of the bridge; and WHEREAS, a new bridge designed to carry two lanes of traffic, widened to match the existing roadway width, with sidewalks on both sides will be constructed, including sewer and water main improvements and stream bank stabilization as needed within the project limits; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Rochester Avenue Bridge Replacement Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Shoemaker & Haaland Professional Engineers, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Shoemaker & Haaland Professional Engineers. WHEREAS, funds for this project are available in the Rochester Avenue Bridge account #3919. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement and any amendments thereto that may become necessary. Passed and approved this 6th day of September , 20_LL_. MAYOR ATTEST: CITY ERK Pwengtres trochesterbrdg- designagt. doc A roved by llq , 11.1,1111 Ci Attorney's Office Resolution No. 11 -298 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x_ Wright wpdata/glossary/resolution - ic.doc Iowa DOT Project No. BRM- 3715(650)- -BN -52 City Project No. 3919 - 434720 Professional Services Agreement for the Rochester Avenue Bridge Replacement Project This is an AGREEMENT, made as of the (2t-�` day of in the year 2011; by and BETWEEN the City of Iowa City, identified as the City; Ron Knoche, P.E., City Engineer 410 E. Washington Street Iowa City, IA 52240 and Shoemaker & Haaland Professional Engineers, identified as the Consultant; Robert Bang, P.E. 160 Holiday Road Coralville, IA 52241 for the following Project: The City has decided to improve the Rochester Avenue Bridge over Ralston Creek in Iowa City, Iowa; in accordance with the current Statewide Transportation Improvement Program. It has been determined that the City shall proceed with the preparation of final design, plans, specifications and estimates for the improvements, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT) and the Federal Highway Administration (FHWA) (when applicable). The City desires to employ the Consultant to provide survey, project management and engineering services in connection with the design and preparation of plans, specifications and estimates for the improvements. The Consultant is willing to perform such engineering work in accordance with the terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating to the licensure of professional engineers. Page 1 of 23 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 Scope Of Services And Other Special Terms And Conditions 2.1 Enumeration of Parts of the Agreement 3 Form of Compensation 3.1 Method of Reimbursement 3.2 Subconsultant 4 Terms And Conditions 4.1 Ownership of Engineering Documents 4.2 Revision of Plans 4.3 Extra Work 4.4 Progress Meetings 4.5 Additional Plans 4.6 Termination of Agreement 4.7 Extension of Time 4.8 Mediation 4.9 Arbitration 4.10 Responsibility for Claims and Liability 4.11 Non - Raiding Clause 4.12 General Compliance with Laws 4.13 Subletting, Assignment or Transfer 4.14 Forbidding Use of Outside Agents 4.15 Consultant's Endorsement on Plans 4.16 Compliance with Title 49, Code of Federal Regulations 4.17 Access to Records 4.18 Iowa DOT and Federal Highway Administration Participation 4.19 Severability 4.20 Choice of Law and Form 4.21 Miscellaneous Attachment A - Scope of Services Attachment B - Specifications Attachment C - Fees and Payments Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters Attachment E - Certification of Consultant Attachment F - Certification of City Attachment G - Sample Invoice Form Attachment H — Consultant Fee Proposal Page 2 of 23 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions: 1.1 Project Parameters The objective or use is: • Replace the existing two lane Rochester Avenue Bridge over the Ralston Creek in Iowa City, Iowa, with a new bridge designed to carry two lanes of traffic, widened to match the existing roadway width, with sidewalks on both sides, and meeting local and state guidelines for traffic and pedestrians. The limits of bridge construction will be: ➢ One hundred feet to the east beyond the east bridge abutment, ➢ One hundred feet to the west beyond the west bridge abutment, ➢ Twenty -five feet beyond the north ROW, and ➢ Fifty feet beyond the south ROW. • Aesthetics of the new bridge will be improved to enhance the neighborhood and views of the creek. • Sidewalk connections from the proposed bridge to the existing sidewalks, storm sewer impacted by bridge construction and water main replacement as required by bridge construction within the bridge construction limits will be made as needed. • A hydraulic analysis of Ralston Creek within the bridge construction limits will be completed to aid in the design of streambank stabilization that will be provided in locations where erosion is occurring. • The south sidewalk and watermain improvements will be extended by the City to 7'h Avenue. • The design documents will follow Iowa DOT guidelines. 1.2 Financial Parameters The financial parameters are; 1.2.1 Amount of the City's budget for the Consultant's compensation is: $88,662.27 Federal Aid Eligible: $84,212.31 Locally Funded: $4,449.96 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: $10,400.00 1.2.3 Separate internal job numbers will be utilized by the Consultant to segregate Federally Participating Preliminary Engineering (PE) from Federally Non - Participating Preliminary Engineering (PE) and Federally Participating Construction Engineering (CE). The cost will also need to be separately identified on the Consultant's billing statement. 1.3 Project Team 1.3.1 The City's Designated Representative identified as the Contract Administrator is: the City of Iowa City Public Works Director or designee. The Contract Administrator is the authorized representative, acting as liaison officer for the City 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: Robert Bang, P.E., Shoemaker & Haaland Professional Engineers, 160 Holiday Road, Coralville, IA 52241, 319 - 351 -7150 1.3.3 The subconsultants retained at the Consultant's expense are: Terracon Consultants, Inc., 2339 Heinz Road, Suite H, Iowa City, IA and Transition Ecology, L.L.C., 620 Ronalds Street, Iowa City, IA 52245. 1.4 Time Parameters 1.4.1 Date to Proceed: Consultant is to begin work under this Agreement upon receipt of a written notice to proceed from the City. 1.4.2 Preliminary design plans including type /size /location for all structures (preliminary design) [and detail elements for a design public hearing and construction right -of -way needs] shall be completed and accepted on or before October 18, 2011 or 60 calendar days after receiving the notice to proceed (whichever is greater). 1.4.3 The Consultant shall not begin final design activities until after the City has been notified by the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the City will provide the Consultant notice to proceed with final design activities. Page 3 of 23 1.4.4 Final design, contract plans and specifications and estimates shall be completed and accepted on or before December 20. 2011 or 150 calendar days after receiving the notice to proceed with final design (whichever is greater). ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 2.1 Enumeration of Parts of the Agreement. This Agreement, including its attachments, represents the entire and integrated agreement between the City 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 the City, Consultant, Iowa DOT, and the FHWA (if applicable). This Agreement comprises the documents listed below. 2.1.1 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. 2.1.2 All services herein required and provided shall be in conformity with the applicable Iowa DOT Standards, Design Guides and Specifications and Title 23, Code of Federal Regulations, Part 625, as outlined in Attachment B. 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. 2.1.3 Other documents as follows: .1 Fees and Payments — Attachment C .2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Attachment D .3 Certification of Consultant - Attachment E .4 Certification of City - Attachment F .5 Sample Invoice Form - Attachment G .7 Consultant Fee Proposal - Attachment H ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement 3.1.1 For the Consultant's services as described under Article 2, compensation shall be computed in accordance with an hourly, not -to- exceed compensation method, as defined in Attachment C. 3.2 Subconsultant 3.2.1 The Consultant anticipates using the services of Terracon Consultants, Inc and Transition Ecology, L.L.C. subconsultants. The Consultant shall require the subconsultants 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 unless the Contract Administrator has given prior written approval and the Iowa DOT and the FHWA (when applicable) concurs. ARTICLE 4 TERMS AND CONDITIONS 4.1 Ownership of Engineering Documents 4.1.1 All basic notes, sketches, charts, computations, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the City 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 City, 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 City's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The City 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 City upon completion of the services and payment in full of all moneys due to the Consultant. Page 4 of 23 4.1.3 The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. All electronic files will be submitted to the City by the Consultant on CD or other mutually agreed upon medium. Any change to these specifications by either the City 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 City 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 City 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. 4.1.6 It is agreed by the City that all records and files in the City's custody pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. 4.2 Revision of Plans 4.2.1 Drafts of work products shall 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 ". 4.2.2 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 City, 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 during construction. The above and foregoing is not to be construed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Consultant herein. 4.2.3 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 4.3. 4.3 Extra Work 4.3.1 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 City will provide extra compensation to the Consultant upon the basis of hourly not to exceed, or at a negotiated lump sum. Unless written approval for "Extra Work" has been secured in advance from the Contract Administrator, and the Iowa DOT and the FHWA (when applicable) concurs, no claims will be allowed. However, the City shall have benefit of the service rendered. 4.4 Progress Meetings 4.4.1 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. 4.4.2 At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. Page 5 of 23 4.5 Additional Plans 4.5.1 At the request of the Contract Administrator, the Consultant shall furnish sufficient prints of plans or other data in such detail as may be required, for the purposes of review of details and for plan -in -hand and field check inspections. 4.6 Termination of Agreement 4.6.1 In the event of the death of any member or partner of the Consultant's firm, the surviving members shall complete the work, unless otherwise mutually agreed upon by the City and the survivors. 4.6.2 The right is reserved by the City to terminate this Agreement at any time upon not less than thirty (30) days' written notice to the Consultant. 4.6.3 In the event the Agreement is terminated by the City 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 specified fee, plus actual costs. 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 under this agreement, plus any authorized contingency. 4.6.4 In the event the Agreement is terminated by the City 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. 4.6.5 The right is reserved by the City to suspend 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 City to the date of such suspension, in accordance with paragraph 4.6.3 above. 4.6.6 Should the City 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. 4.6.7 This Agreement will be considered completed when the construction of the project has progressed sufficiently to make it clear that the construction can be completed without further revisions in that work, or if the Consultant is released prior to such time by written notice from the Contract Administrator. 4.7 Extension of Time 4.7.1 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 City or the Contract Administrator, or because of unavoidable delays caused by an act of God, war, government actions, or similar causes beyond the reasonable control of the Consultant. 4.8 Mediation 4.8.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the City and the Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non - binding mediation unless the parties mutually agree otherwise. The City and the Consultant further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 4.9 Arbitration 4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and pursuant to Page 6 of 23 the arbitration procedures set out in Iowa Code Chapter 679A. Any arbitration pursuant to this paragraph or mediation pursuant to Paragraph 4.8.1 shall occur in Johnson County, Iowa. 4.10 Responsibility For Claims And Liability 4.10.1 The Consultant shall defend, indemnify and save harmless the City, the Iowa Department of Transportation, the State of Iowa, its agencies, agents, employees and assignees and the Federal Government from all claims and liabilities due to design error, omission or negligent act of the Consultant, its members, agents, stockholders, or employees in connection with performance of this Agreement. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. 4.11 Non - Raiding Clause 4.11.1 The Consultant shall not engage the services of any person or persons, then in the employment of the City, for work covered by this Agreement without the written consent of the employer of such person. 4.11.2 Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 4.12 General Compliance With Laws 4.12.1 The Consultant shall comply with all Federal, State and Local laws and ordinances of the City of Iowa City applicable to the work. 4.13 Subletting, Assignment Or Transfer 4.13.1 Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Contract Administrator and the Iowa DOT and the FHWA (when applicable) concurs. 4.14 Forbidding Use of Outside Agents 4.14.1 The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul the Agreement without liability or in its discretion to deduct from the Agreement price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, or counterpart fee. 4.15 Consultant's Endorsement On Plans 4.15.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer or architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 4.15.2 The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. 4.16 Compliance With Title 49, Code Of Federal Regulations 4.16.1 During the performance of this Agreement, the Consultant and its assignees and successors in interest agree as follows: 4.16.1.1 Compliance with Regulations 4.16.1.1.1 The Consultant will comply with the regulations of the U.S. Department of Transportation, relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations "), which are herein incorporated by reference and made a part of this Agreement. 4.16.1.2 Nondiscrimination Page 7 of 23 4.16.1.2.1 The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race, religion, age, disability, color, sex, national origin, marital status, gender identity, or sexual orientation in the selection and retention of employees or subconsultants, including procurement of materials and leases of equipment. The Consultant will not participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in the Regulations. 4.16.1.3 Solicitation for Subconsultants, Including Procurement of Materials and Equipment 4.16.1.3.1 In all solicitations, either by competitive bidding or negotiation made by the Consu /tantfor 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, disability, sex, national origin, marital status, gender identity, or sexual orientation. 4.16.1.4 Disadvantaged Business Enterprises 4.16.1.4.1 The Consultant or its subconsultants agree(s) 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. The Consultant and their subconsultants shall not discriminate on the basis of race, religion, age, disability, color, sex, national origin, marital status, gender identity, or sexual orientation in the award and performance of U.S. DOT assisted contracts. If, as a condition of assistance, the Iowa DOT has submitted to the U.S. DOT, or the Consultant has submitted to the Iowa DOT, and the U.S. DOT or Department has approved a disadvantaged business enterprise affirmative action program which the Iowa DOT and /or Consultant agrees(s) to carry out, this program(s) is incorporated into this Agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the Consultant of its failure to carry out the approved program, the City, the Iowa DOT, and /or the U.S. DOT shall 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 or any of its subconsultants are hereby advised that failure to fully comply with the Iowa Department of Transportation's DBE Program shall constitute a breach of contract and may result in termination of this Agreement or agreement(s) by the City or such remedy as the City deems appropriate. Refer to Article 4.6 of the Agreement. 4.16.1.5 Information and Reports 4.16.1.5.1 Upon request, the Consultant will provide all information and reports required by the regulations, orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City, the Iowa DOT, or the FHWA, to be pertinent to ascertain compliance with 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 City, the Iowa DOT, or the FHWA, as appropriate, and shall set forth what efforts it has made to obtain information. 4.16.1.6 Sanctions for Noncompliance 4.16.1.6.1 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it, the Iowa DOT, or the FHWA, may determine to be appropriate, including, but not limited to: 1.6.1.1 Withholding of payments to the Consultant under the Agreement until the Consultant complies, and /or 1.6.1.2 Cancellation, termination or suspension of the Agreement, in whole or in part. 4.16.1.7 Incorporation of Provisions 4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 through 4.16.1.6 of this Agreement in every subagreement, including procurements of materials and lease of equipment, unless exempt by the regulations, orders or instructions issued pursuant thereto. The Consultant will take such action with respect to any subagreement or procurement as the City, Iowa DOT, or FHWA 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 Page 8 of 23 supplier as a result of such direction, the Consultant may request the City, the Iowa DOT, or the Untied States to enter into such litigation to protect the interests of the City, the Iowa DOT, and the Unites States, respectively. 4.17 Access To Records 4.17.1 The Consultant is to maintain all books, documents, papers, accounting records, basic notes, sketches, charts 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 payment under the Agreement, for inspection and audit by the City, Iowa DOT, FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.18 Iowa DOT and Federal Highway Administration Participation 4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of the Iowa DOT and the Federal Highway Administration (if applicable). The Iowa DOT and the Federal Highway Administration shall have the right to participate in the conferences between the Consultant and the City and to participate in the review or examination of the work in progress. 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. 4.20 Choice of Law and Form 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 Johnson County District Court for the State of Iowa, Iowa City, 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 City. 4.21 Miscellaneous 4.21.1 All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4.21.2 It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited.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 indicated. Sho ma er & Haalprild Professional Engineers �l _61 Koperi H. bang, Project Manager - Structural Engineer City of Iowa City 4 l 4AA • ' I I n Matthew 3 Hayek Mayor Attes � � - Marian arr, City Clerk Date: Date: September 6 , 2011 Page 9 of 23 APOM"d BY City Attorney's Office J/&/11 Iowa Department of Transportation Accepted for FHWA Authorization* B Y - / L Date: .SB®�eK.�ev �® ®l i Y Ke -llis, P.E. Local Systems Engineer Iowa DOT District 6 Office * 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. Page 10 of 23 ATTACHMENT A Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner: A. PROJECT MANAGEMENT SERVICES 1. Project Coordination Meeting: The Consultant shall schedule and hold a project meeting to discuss the project scope including general and project specific items with concerned City Departments including Engineering, Traffic Engineering, Water and Sewer. 2. Coordination with Utilities: The Consultant shall schedule and hold a utility coordination meeting to discuss the project. The Consultant shall follow up with utility issues and take into consideration the individual utility's concerns when developing the design plans. 3. Property Owner Input: The Consultant shall lead one public informational meeting during pre- design and meet with adjacent landowners for review of project (included in preliminary phase budget). 4. Coordination with Sub Consultants: City and Consultant will mutually agree on the need for sub - consultants. 5. Project Status Reports: The Consultant will provide the City with bi- weekly updates of design progress. B. DATA COLLECTION PHASE 1. Coordinate "One Call" to locate and mark utilities. 2. Conduct Topographic Design Survey including: a. Survey Project Area: The survey and mapping area will include five hundred feet east (additional four hundred feet east of the bridge is required for the additional sidewalk and water main improvements by the City) and one hundred feet west of the bridge from twenty -five feet beyond north ROW to fifty feet beyond south ROW and cross sections of Ralston creek from twenty -five feet beyond the top of bank as required to complete the hydraulic analysis to obtain necessary permitting. b. Survey and Mapping Scope: The site survey and mapping will include existing roadways, shoulders, the bridge structure, top of bank, toe of bank, found property corners, fences, driveways, overhead power & communication poles and lines, trees and hedges and any other pertinent man -made improvements. Underground utilities will be located as marked in the field by Iowa One Call, along with utility features visible at the ground surface. The mapping will show the floodway and 100 year floodplain limits based on the City's floodplain mapping data. c. Property Survey: Property line locations will be shown based on recorded plat information and evidenced by corner pins found during the survey. This survey will not include a legal boundary, or boundary retracement survey of adjacent properties, but will provide property line locations with sufficient accuracy to show proposed construction easements if required. Review City provided plats, easements, and property descriptions for coordination with survey. 3. Review City provided plans for bridge roads and other improvements available for incorporation into base map. 4. Prepare project area topographic /elevation base map. C. DESIGN 1. PRELIMINARY PLANS (plan submittal) The Consultant will prepare preliminary plans per Iowa Department of Transportation format, utilizing the base survey and utility information available at the preliminary stage of project. Plans and specifications shall be based on the "Standard Specifications for Highway and Bridge Construction ", Iowa Department of Transportation and City Design Standards as applicable and shall include: a. Bridge plans for removal and construction of a proposed structure (a modular, pre -cast bridge system, box culvert, or bridge). Page 11 of 23 b. The location of property lines, construction limits and the roadway right of way. c. Existing utilities and structures to be adjusted for construction. d. Implementation of City approved revisions per City and neighborhood Review e. Complete a hydraulic analysis of Ralston Creek as required to obtain necessary permitting based on HEC -RAS model of Ralston Creek. f. Prepare and make submittals to the Corps of Engineers and Iowa Department of Natural Resources for approval or clearances. g. Design stream bank stabilization for areas impacted by bridge construction. h. Communicate with affected utilities during the course of design. i. Update Opinion of Project Cost based on the Preliminary Plans based on Iowa Department of Transportation and City standard bid items and compare it to the cost indicated in the Project Budget Report. Break out costs between federal aid items and nonparticipating items. A discussion of the adequacy of the existing budget shall then occur between the Consultant and the City. If the budget is not adequate, options shall be evaluated and recommendations shall be made to address any budget issues. 2. LAND ACQUISITION PLATS a. Land Acquisition Plats: The Consultant will prepare survey plats and legal descriptions for up to four property and easement acquisitions required for the project including temporary and permanent easements. b. Furnish copies of the survey plats, signed by a Licensed Land Surveyor, to the City to complete the property appraisal and acquisition process including negotiations. 3. CHECK PLANS / FINAL PLANS (plan submittals) Prepare Check and Final Plans per Iowa Department of Transportation format to include comments of the City and Iowa Department of Transportation from preliminary set and include: a. Special provisions as required for the project. b. Plans showing right of way, land acquisition and /or easements as required. c. Address in the plans how the project is to be phased to allow minimal impact to Rochester Street traffic and allow access to adjacent properties. d. Prepare road closure and detour plan based on Iowa Department of Transportation and City guidelines. e. Standard bid items final quantity estimates, and method of measurement and payment for work items of the project. Break out items, between federal aid items and nonparticipating items. f. Certify the construction documents, in accordance with the Iowa Department of Transportation and State of Iowa Requirements. g. Budget Review/ Engineers Opinion of Construction Cost. The Consultant shall refine the previous Opinion of Cost based on final quantity information. Sources of unit prices used shall be documented. Break out costs between federal aid items and nonparticipating items. A comparison of the current total project budget with available funds shall be made. Any discrepancies will be identified and recommendations to address any budget issues will be made as part of this task. It is recognized that the Consultant has no control over the contractor's means and methods of determining bid prices, the bidding climate and market conditions. Therefore the Consultant cannot guarantee this cost opinion /estimate. D. BID PERIOD ASSISTANCE 1. Plan Clarification. The Consultant shall be available to discuss the project with the City's project representative and representatives of the Iowa Department of Transportation Contracts Office to answer questions during the bid period. 2. Preparation and Distribution of Addendum: The Consultant shall assist Iowa Department of Transportation to review contractor questions and assist to prepare addendums as necessary to be issued by Iowa Department of Transportation, Contracts Office. Page 12 of 23 E. CONSTRUCTION PHASE ASSISTANCE 1. Preconstruction Meeting: Consultant shall attend and participate in project preconstruction meeting at a location and time set by the City. 2. Plan Interpretation: Consultant shall be available to provide plan interpretation during construction. 3. Shop Drawing Review: The Consultant shall assist the City with the review and approval of shop drawings. Page 13 of 23 ATTACHMENT B Specifications A. All services herein required and provided shall be in conformity with the applicable IDOT Standards, Design Guides and Specifications and Title 23, Code of Federal Regulations, Part 625. 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. B. Deliverables 1. Consultant shall provide two (2) paper sets of 11 x 17 plans and 8 -1/2 x 11 specifications and /or electronic format (PDF) at the end of each phase for review and comment. 2. Consultant shall provide paper copies and /or electronic format (PDF) of items such as opinions of cost, special provisions, renderings, etc. as applicable at review meetings. 3. Consultant shall provide paper or electronic copies (PDF) of documents to IDOT at the designated review points: i.e., concept statement submittal, preliminary plan submittal, check plan submittal, final plan submittal. Consultant shall also provide copies of said documents to the City 4. Consultant shall provide final plans and specifications in paper and /or electronic format (AutoCAD 2004 and Microsoft Word or PDF) to the City upon completion of the bidding of the project. 5. The City shall be provided construction record drawing plan sets, as follows: a. One full size hard copy set 24" x 36" plans 8 -1/2" x 11" specifications b. One Autodesk AutoCAD or Civil 3D drawing file plan set, version 2010 or later. • Each plan sheet should be ready to print. • Submittals shall include the 'plot style' (pen assignments) file aka the .ctb file, in order for prints of the drawings to have the intended appearance. • Preferred layer format to be consistent with National CAD Standards. All submittals shall include an explanation of the Consultant's CAD layer scheme. • All drawing files shall have the correct layer scheme in place. • External reference drawings shall be bound or inserted into the final drawing(s). • Submittals shall include all files used in the plan set; these may include, but not be limited to, linked attachments such as Tiffs, or spreadsheets. • Files names are to be consistent with plan index sheet names, as listed on title sheet, for easy identification. c. One complete set of PDF files (plans and specifications), ready to print at full size. Pen weights, density and shadings to be consistent with original plot settings. d. If applicable, submittals shall include ESRI ArcGIS shape files that were created for the project. e. If necessary, include a "Readme" document for any clarification that may be necessary. Page 14 of 23 ATTACHMENT C (referenced from 3.1) Fees and Payments - Specific Rate of Compensation 3.1.1 FEES AND PAYMENTS 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 not to exceed the maximum amount payable under this Agreement of $88,662.27. The estimated actual costs and specified fee are itemized in Attachment H. The nature of engineering services is such that actual costs are not completely determinate. Therefore, it is possible that the Consultant's actual costs may exceed those shown in Attachment H. If at any time during the work the Consultant determines that its actual costs will exceed the estimated actual costs, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. The Consultant shall not exceed the estimated actual costs without the prior written approval of the Contract Administrator and concurrence of the Iowa DOT and the FHWA (when applicable). The City and the Iowa DOT may audit the Consultant's cost records prior to authorizing additional costs. The Consultant shall establish a procedure for comparing the actual costs incurred during the performance of the work to the estimated actual costs listed in Attachment H. The purpose is to monitor these two elements and thus provide for early identification of any potential for the actual costs exceeding the estimated actual costs. If the Consultant exceeds the estimated actual costs for any reason before the Contract Administrator is notified in writing, the City will have the right, at its discretion, to deny the use of the contingency amount. The maximum amount payable 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 maximum amount payable will be by Supplemental Agreement if the Contract Administrator agrees, and the Iowa DOT and the FHWA (when applicable) concurs. If at any time it is determined that a maximum amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract Administrator in writing. The maximum amount payable may be increased by a Supplemental Agreement or Extra Work Order, or this Agreement will be terminated, with the City having the right, at its discretion, to terminate this Agreement without payment of the amount exceeding the maximum amount payable. The City or the Iowa DOT may audit the Consultant's cost records prior to making a decision whether or not to increase the maximum amount payable. The current schedule of billing rates is set forth in the following rate schedule. The Consultant may submit for approval a revised rate schedule once during the contract period. This revision may include a revised overhead rate and revised direct labor rates. The revised rate schedule should be submitted to the Contract Administrator for approval. Upon the Contract Administrator's written approval and concurrence by the Iowa DOT and the FHWA (when applicable) it shall become a part of this Agreement. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. 3.1.1.2 Reimbursable Costs. The Consultant shall be reimbursed for actual (direct non - salary) costs, which are directly attributable and properly allocable to the work. The Consultant will be required to submit a detailed listing of actual costs incurred and certify that such costs are not included in the overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges, and materials and supplies. Reimbursement of costs is limited to those that are allowable under the provisions of Title 48, Subchapter E, Section 31.105 and Subpart 31.2 of the current Federal Acquisition Regulation. 3.1.1.3 Premium Overtime Pay. Not applicable. 3.1.1.4 Payments. Monthly payments for work completed shall be based on the services completed at the time of the billing and substantiated by monthly progress reports in a form that follows the specific rate schedule. The Contract Administrator will check such progress reports and payment will be made for the hours completed at each rate and for direct non - salary costs incurred during said month. Page 15 of 23 Upon completion, delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and /or amounts earned. Payment of 100% of the total cost claimed will be made upon receipt and review of such claim. The Consultant agrees to reimburse the City for possible overpayment determined by final audit. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Shoemaker & Haaland Professional Engineers Compensation Schedule Project Principal $148.79/hour Project Manager $91.15 /hour Design Engineer $75.58 /hour Engineering Technician $63.81 /hour Survey Crew $57.11 /hour Clerical $51.26 /hour Page 16 of 23 ATTACHMENT D Certification Regarding Debarment, Suspension, and other Responsibility Matters — Primary Covered Transactions Instructions for Certification By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 1. 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. 2. 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 of default. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 the Federal Government, the department or agency may terminate this transaction for cause or default. Page 17 of 23 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 statues 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 Johnson County Iy4r^�' �G��'1 111E'5icv1,-` Of Y � (name) -- (title) (company) being duly s orn (or under penalty of perjury under the laws of the United States and the State of Iowa) do hereby ce ify Ahat the Ofo* statements are true and correct. 7( re) Subscribed and sworn to this Amt day of j4l�] SUSAN M. BARNHILL Commission Number 160130 fly Pammi sion Expires i xc� Page 18 of 23 ATTACHMENT E Certification of Consultant I hereby certify that I, Robert A. Bang am the Project Manager and Structural Engineer and duly authorized representative of the firm of Shoemaker & Haaland Professional Engineers whose address is 160 Holiday Road, Coralville, IA 52241, and that neither I nor the above firm here represented 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 Fede I- id highw y u s, and is subject to applicable, State and Federal laws, both criminal and civil. (signature) Made this 65 Uh day of ` Page 19 of 23 ATTACHMENT F Certification of City I hereby certify that I, Matthew J. Hayek, am the Mayor and the duly authorized representative of the City, and that the above consulting firm or its 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 the Iowa DOT 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. 4-OZ- �� (signature) Made this of -P-age 20 -of 23 ATTACHMENT G Shoemaker & Haaland Professional Engineers 160 Holiday Road Coralville, IA 52241 Specific Rate Final Invoice Invoice No. Invoice Period Covered Consultant Job No. Task Description Task Description Task Description Task Description Direct Expenses Mileage Per Diem CADD Subconsultants (including authorized contingency) Name Name Name Total Total Authorized Amount Total Billed To Date Remaining Authorized Balance Date City Project No. County City Project Description 3919 - 434720 Johnson Rochester Avenue Bridge Replacement Contract Cumulative Current Estimate To Date Period Page 21 of 23 ATTACHMENT G Page 4 Specific Rate Final Invoice Instructions Employee Labor Hours and Dollars: A final cumulative job cost report that shows a breakdown of labor by fiscal year, employee name, employee labor hours and employee labor rate is required. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Direct Expenses: A final cumulative job cost report that shows a breakdown of direct expenses by specific item (mileage, CADD, per diem, etc....) by fiscal year is required. Direct expense items charged should identify the number of units (miles, hours, prints, copies, feet, etc....) and the rate applied by fiscal year. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Subconsultant: Final invoice requirements for subconsultants with specific rate contracts are the same as the requirements for the prime consultant. It is the prime consultant's responsibility to assure such an invoice is acquired and attached to the prime's final invoice. Page 22 of 23 ATTACHMENT H Consultant Fee Proposal Codornl Aid Eligible items .a• Preliminary Engineering Task Project Principal Project Manager Design Engineer Engineering Technician Survey Crew Clerical Total Hours Fee Project Management 8 26 32 12 0 2 80 $ 6,847.72 Data Collection 0 6 36 6 48 0 96 $ 6,391.92 Preliminary Design 8 28 64 76 0 7 183 $ 13,788.02 Land Acquisition Plats 0 12 30 0 12 0 54 $ 4,046.52 Check Plans /Final Plans 16 67 167 244 0 0 494 $ 36,679.19 Bidding 4 10 12 61 01 01 32 $ 2,796.48 Construction Engineering Task Project Principal Project Manager Design Engineer Engineering Technician Survey Crew Clerical Total Hours Fee Construction Services 5 11 15 61 01 37 $ 3,263.16 Subtotal Participating Fee 573,812.31 Ci ihrnncultnntc Consultant ^ Fee Terracon $ 6,700.00 Transition Ecology $ 3,700.00 Subtotal Participating Fee $10,400.00 Total Federal Aid Eligible Fee with Subconsultants $84,212.31 1 nrnlly Fnnrinrl Itamc (watPr• Main Renlacement and Sidewalk Installation Outside of Funding Limits) Task Project Principal Project Manager Design Engineer Engineering Technician Survey Crew Clerical Total Hours Fee Project Management 0 2 4 4 0 0 10 $ 73976 Data Collection 0 0 6 0 12 0 18 $ 1,138.80 Preliminary Design 0 2 6 6 0 0 14 $ 1,018.64 Check Plans /Final Plans 0 21 8 12 01 01 22 $ 1,552.66 Total Locally Funded Fee $4,449.96 Total Fee $88,662.27 Page 23 of 23 Iowa DOT Project No. BRM- 3715(650)- -8N -52 City Project No. 3919 - 434720 Professional Services Agreement for the Rochester Avenue Bridge Replacement Project This is an AGREEMENT, made as of the day of by and BETWEEN the City of Iowa City, identified as the City; Ron Knoche, P.E., City Engineer 410 E. Washington Street Iowa City, IA 52240 and Shoemaker & Haaland Profe ional Engineers, identified as the Consultant; Robert Bang, P.E. 160 Holiday Road Coralville, IA 52241 in the year 2011; for the following Project: The City has decided to improve the Rochester enue Bridge o/as k in Iowa City, Iowa, in accordance with the current Statewide Transportati Improveme been determined that the City shall proceed with the preparation of final design, lans, spestimates for the improvements, subject to the concurrence and approval of the Iowa De rtment n (Iowa DOT) and the Federal Highway Administration (FHWA) (when applicable). The City desires to employ the Consultant to provide s connection with the design and preparation of plans, sp, Consultant is willing to perform such engineering work warrants that it is in compliance with Iowa statutes relap Page 1 of 23 ject management and engineering services in s and estimates for the improvements. The nce with the terms hereinafter provided and nsure of professional engineers. I( 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 Scope Of Services And Other Special berms And Conditions 2.1 Enumeration of Parts of the Agreem nt 3 Form of Compensation 3.1 Method of Reimbursement 3.2 Subconsultant 4 Terms And Conditions 4.1 Ownership of Engineering Documents 4.2 Revision of Plans 4.3 Extra Work 4.4 Progress Meetings 4.5 Additional Plans 4.6 Termination of Agreement 4.7 Extension of Time 4.8 Mediation 4.9 Arbitration 4.10 Responsibility for Claims and Liability 4.11 Non - Raiding Clause 4.12 General Compliance with Laws 4.13 Subletting, Assignment or Transfer 4.14 Forbidding Use of Outside Agents 4.15 Consultant's Endorsement on Pla s 4.16 Compliance with Title 49, Code f Federal Reg lations 4.17 Access to Records 4.18 Iowa DOT and Federal High ay Administration rticipation 4.19 Severability 4.20 Choice of Law and Form 4.21 Miscellaneous Attachment A - Scope of S rvices Attachment B - Specificato ns Attachment C - Fees an Payments Attachment D - Fees tion Regarding Debarment, Suspensio and Other Responsibility Matters Attachment E - Certifi ation of Consultant Attachment F - Certi cation of City Attachment G - Sample Invoice Form Attachment H — Consultant Fee Proposal Page 2 of 23 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions: 1.1 Project Parameters The objective or use is: • Replace the existing two lane RoCo�nstruction Bridge over the Ralston Creek in Iowa City, Iowa, with a new bridge designed to caraffic, widened to match the existing roadway width, with sidewalks on both side local and state guidelines for traffic and pedestrians. The limits of bridge be: ➢ One hundred feet to the east beyond the ea st bridge abutment, ➢ One hundred feet to the west beyond the west bridge abutment, ➢ Twenty -five feet be lond the north ROW, and ➢ Fifty feet beyond th a south ROW. • Aesthetics of the new bridge will a improved to enhance the nei hborhood and views of the creek. • Sidewalk connections from the pr posed bridge to the existing si ewalks, storm sewer impacted by bridge construction and water mai replacement as required by ridge construction within the bridge construction limits will be m de as needed. • A hydraulic analysis of Ralston Cr k within the bridge const ction limits will be completed to aid in the design of streambank stabilizati n that will be provided locations where erosion is occurring. • The south sidewalk and watermain i provements will be tended by the City to 7th Avenue. • The design documents will follow to a DOT guidelines. 1.2 Financial Parameters The financial parameters are; 1.2.1 Amount of the City's budget for the Consul nt's c pensation is: $88,706.57 Federal Aid Eligible: $84,255.13 o Ily Funded: $4,451.44 1.2.2 Amount of the Consultant's budget for the su onsultants' compensation is: $10,400.00 1.3 Project Team 1 1.3.1 The City's Designated Representative identified the Contract Administrator is: the City of Iowa City Public Works Director or designee The Contract Administrator is the �thorized repr entative, acting as liaison officer for the City for purpose of coordinating and admini ering the work der the Agreement. The work under this Agreement shall at all times be supject to the general upervision and direction of the Contract Administrator and shall be subj #ct to the Contract A ministrator's approval. 1.3.2 The Consultant's Designated Representative is: Rob Bang, P.E., Shoemaker & Haaland Professional Engineers, 160 oliday Road, Coralville, 1 52241, 319 - 351 -7150 1.3.3 The subconsultants retain d at the Consultant's expens are: Terracon Consultants, Inc., 2339 Heinz Road, Suite H, Iowa City IA and Transition Ecology, L.L. ., 620 Ronalds Street, Iowa City, IA 52245. 1.4 Time Parameters 1.4.1 Date to Proceed: C16nsultant is to begin work under this A reement upon receipt of a written notice to proceed from the 9ity. 1.4.2 Preliminary desi n plans including type /size /location for all st uctures (preliminary design) [and detail elements for a esign public hearing and construction right -o way needs] shall be completed and accepted on before October 18, 2011 or 60 calendar days after receiving the notice to proceed (whichever i greater). 1.4.3 The Cons Itant shall not begin final design activities until after'the City has been notified by the Iowa DOT tha HWA Environmental Concurrence has been obtained. Upon receipt of such notice, the City will pro de the Consultant notice to proceed with final design activities. 1.4.4 Final design, contract plans and specifications and estimates shall be completed and accepted on or before December 20. 2011 or 150 calendar days after receiving the notice to proceed with final design (whichever is greater). Page 3 of 23 ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 2.1 Enumeration of Parts of the Agreement. This Agreement, including its attachments, represents the entire and integrated agreement be City and the Consultant and supersedes all prior negotiations, representations or agree ents, either written or oral. This Agreement may be amended only by written instrument signed byte City, Consultant, Iowa DOT, and the FHWA (if applicable). This Agreement comprises the docu ents listed below. 2.1.1 The work to be performed by the C nsultant under this Agreement shall encompass and include all detail work, services, materials, equ pment and supplies necessary to prepare and deliver the scope of services provided in Attachment A. i 2.1.2 All services herein required and pro ided shall be in conformity with the applic le Iowa DOT Standards, Design Guides and Spe ifications and Title 23, Code of Federal R gulations, Part 625, as outlined in Attachment B. In additio , applicable sections of the U.S. Departr0ent of Transportation Federal Aid Policy Guide (FAPG) sh II be used as a guide in preparation o flans, specifications and estimates. 2.1.3 Other documents as follows: .1 Fees and Payments — Attachment C .2 Certification Regarding Debarmen Suspension, and Other Res�6nsibility Matters - Attachment D .3 Certification of Consultant - Attach ent E .4 Certification of City - Attachment F .5 Sample Invoice Form - Attachment j .7 Consultant Fee Proposal - Attachme t H ARTICLE 3 FORM OF COMPENSATION / 3.1 Method of Reimbursement / 3.1.1 For the Consultant's services as describe under Article 2, compensation shall be computed in accordance with an hourly, not -to- exceed c xtipensation method, as defined in Attachment C. 3.2 Subconsultant / 3.2.1 The Consultant anticipates using the servic s of Terracon Consultants, Inc and Transition Ecology, L.L.C. subconsultants. The Consultant shall require the subconsultants to notify them if they at any time determine that their costs will exceed the estimated actual costs. The Consultant shall not allow the subconsultants to exceed they estimated tual costs without prior written approval of the Contract Administrator. The prime Consultant is cauti ned that cost under -runs associated with any subconsultant's contract are not available for us by the prime Consultant unless the Contract Administrator has given prior written approval d the Iowa DOT and the FHWA (when applicable) concurs. j r ARTICLE 4 TERMS AND CQ, DITIONS i i 4.1 Ownership of Engir'eering Documents 4.1.1 All basic notes, sk¢tches, charts, computations, tracin s, plans, specifications, reports on special studies and other,,data prepared under this Agreement hall become the property of the City and shall be delivered to the Contract Administrator upon com etion of the plans or termination of the services of the Consultant. There shall be no restriction or limit ion on their future use by the City, except any use on extensions of the project or on any other project ithout written verification or adaptation by the Consultant for the specific purpose intended will be the ity's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The City acknowledges the Consultant's plans and specifi ations, including all documents on electronic media, as instruments of professional service. N vertheless, the plans and specifications prepared under this Agreement shall become the property o the City upon completion of the services and payment in full of all moneys due to the Consultant. 4.1.3 The City and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. All electronic files will be submitted to the City by the Consultant on CD or other mutually agreed upon medium. Any change to these specifications by Page 4 of 23 either the City 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 City is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to adde chaage orders or other revisions. In the event of a conflict between the signed construction cuments prepared by the Consultant and electronic files, the signed construction documents sh I govern. 4.1.5 The City may reuse or make modifi tions to the plans and specifications, or electronic files while agreeing to take responsibility for a y claims arising from any modification or unauthorized reuse of the plans and specifications. 4.1.6 It is agreed by the City that all rec ds and files in the City's custody pertaining to information needed by the Consultant for the project s all be available by said City upon reasonable request to the Consultant. 4.2 Revision of Plans 4.2.1 Drafts of work products shall be su mitted to the Co/comments dmini rator by the Consultant for review and comment. The comments rece ved from the Codmi strator and the reviewing agencies shall be incorporated by the Consu ant prior to subof t e final work product by the Consultant. Work products revised in accordance we comments shall constitute "satisfactorily completed and accepted work ". Req ests for chang rk products by the Contract Administrator shall be in writing. In a event there comments from the Contract Administrator or reviewing agencies be incorporthe Consultant into the final work product, the Contract Administrator shall imm diately notify nsultant, in writing, that the work product shall constitute "satisfactorily complete and accepte . 4.2.2 In the event that the work product prep: d by the onsultant is found to be in error and revision or reworking of the work product is necessa , the onsultant agrees that it shall do such revisions without expense to the City, even though 'nal ayment may have been received. The Consultant must give immediate attention to these ch es so there will be a minimum of delay during construction. The above and foregoing is t to be construed as a limitation of the City's right to seek recovery of damages for negligence on t art of the Consultant herein. 4.2.3 Should the Contract Administrator fi d it d irable to have previously satisfactorily completed and accepted work product or parts ther f revise , the Consultant shall make such revisions if requested and directed by the Contract Adm' isrrator i writing. This work will be paid for as provided in Article 4.3. 4.3 Extra Work 4.3.1 If the Consulta/kh he o inion that any work i has been directed to perform is beyond the scope of this Agreementst' utes "Extra Work ", its II promptly notify the Contract Administrator in writing to that e event that the Contract dministrator determines that such work does constitute "Extr he City will provide extra c mpensation to the Consultant upon the basis of hourly not to exat a negotiated lump sum. less written approval for "Extra Work" has been secured in adv the ContractAdministrato , and the Iowa DOT and the FHWA (when applicable) conclaims will be allowed. Howe er, the City shall have benefit of the service rendered. 4.4 Progress Mee 4.4.1 From time to pme as the work progresses, conferences ill be held at mutually convenient locations at the request of the Contract Administrator to discuss det ils of the design and progress of the work. The Consultant shall prepare and present such informatio and studies as may be pertinent and necessary,or as may be requested by the Contract Admin trator, to enable the Contract Administrator to pass judgment on the features and progre s of the work. 1 4.4.2 At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. 4.5 Additional Plans Page 5 of 23 4.5.1 At the request of the Contract Administrator, the Consultant shall furnish sufficient prints of plans or other data in such detail as may be required, for the purposes of review of details and for plan -in -hand and field check inspections. 4.6 Termination of Agreement 4.6.1 In the event of the death of any member o ne r of the Consultant's firm, the surviving members shall complete the work, unless othe a mutually agreed upon by the City and the survivors. 4.6.2 The right is reserved by the City to t rminate this Agreement at any time upon not less than thirty (30) days' written notice to the Consulta t. 4.6.3 In the event the Agreement is termin ted by the City without fault on the part of the Consultant, the Consultant shall be paid for the rea onable and necessary work performed or services rendered and delivered up to the effective date or t e of termination. The value of the work,performed and services rendered and delivered, and the amo nt to be paid shall be mutually satisfactory to the Contract Administrator and to the Consultan . The Consultant shall be paid a porti n of the specified fee, plus actual costs. Actual costs to be reimb rsed shall be determined by audit Duch costs to the date established by the Contract Adminis ator in the termination notice, exc pt that actual costs to be reimbursed shall not exceed the maxi um amount under this agreem;/nI, plus any authorized contingency. 4.6.4 In the event the Agreement is terminate by the City for fault on th part of the Consultant, the Consultant shall be paid only for works tisfactorily performed d delivered to the Contract Administrator up to the date establishe by the termination n ice. After audit of the Consultant's actual costs to the date established by th Contract Admini trator in the termination notice and after determination by the Contract Administr for of the amou of work satisfactorily performed, the Contract Administrator shall determine t amount to paid to the Consultant. 4.6.5 The right is reserved by the City to suspen this Agre ment at any time. The Contract Administrator may effect such suspension by giving the C sulta t written notice, and it will be effective as of the date established in the suspension notice. P me for the Consultant's services will be made by the City to the date of such suspension, in accor a with paragraph 4.6.3 above. 4.6.6 Should the City wish to reinstate the work aft notice of suspension, such reinstatement maybe accomplished by thirty (30) days' written no . e ithin a period of one year after such suspension, unless this period is extended by written c sen of the Consultant. 4.6.7 This Agreement will be considered com eted wh n the construction of the project has progressed sufficiently to make it clear that the co truction c n be completed without further revisions in that work, or if the Consultant is released prior o such time y written notice from the Contract Administrator. 4.7 Extension of Time 4.7.1 The time for completion of each hase of this Agree ent shall not be extended because of any delay attributed to the Consultant, t may be extended by the Contract Administrator in the event of a delay attributed to the City or the Contract Administ tor, or because of unavoidable delays caused by an act of God, war, gove nment actions, or similar c uses beyond the reasonable control of the Consultant. 4.8 Mediation 4.8.1 In an effort to resolve a4 conflicts that arise during the d sign or construction of the project or following the completion of the project, the City and the Consu /tan agree that all disputes between them arising out of or relating to is Agreement shall be submitted to n n- binding mediation unless the parties mutually agree othrwise. The City and the Consultant fu her agree to include a similar mediation provision in all agfeements with independent contractors an consultants retained for the project and to require all independent contractors and consultants also to i clude a similar mediation provision in all agreements wi� subcontractors, subconsultants, suppliers o fabricators so retained, thereby providing for mediation ps the primary method for dispute resolution be een the parties to those agreements. 4.9 Arbitration 4.9.1 In the evenhir a parties to this Agreement are unable to reach a\settlement of any dispute arising out of the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and pursuant to the arbitration procedures set out in Iowa Code Chapter 679A. Any arbitration pursuant to this paragraph or mediation pursuant to Paragraph 4.8.1 shall occur in Johnson County, Iowa. Page 6 of 23 4.10 Responsibility For Claims And Liability 4.10.1 The Consultant shall defend, indemnify and save harmless the City, the Iowa Department of Transportation, the State of Iowa, its agencies, agents, employees and assignees and the Federal Government from all claims and liabilities due to design error, omission or negligent act of the Consultant, its members, agents, stockholders, or employees in connection with performance of this Agreement. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the C sultant's liability for the Consultant's negligent acts, errors and omissions to the City in the su of $1,000,000. 4.11 Non - Raiding Clause 4.11.1 The Consultant shall not engage the s rvices of any person or persons, then in the employment of the City, for work covered by this Agreeme t without the written consent of the employer of such person. 4.11.2 Upon signing this agreement, Consulta t acknowledged that Secti k n 362.5 of the Iowa Code prohibits a City officer or employee from having a interest in a contract with he City, and certifies that no employee or officer of the City, which inc des members of the City Council and City boards and commissions, has an interest, either direc or indirect, in this agree ent, that does not fall within the exceptions to said statutory provision enu erated in Section 362.5 4.12 General Compliance With Laws 4.12.1 The Consultant shall comply with all Federa , State and Local la s and ordinances of the City of Iowa City applicable to the work. 4.13 Subletting, Assignment Or Transfer 4.13.1 Subletting, assignment, or transfer of all or part if the interest of the Consultant in this Agreement is prohibited unless written consent is obtained fro the Contract Administrator and the Iowa DOT and the FHWA (when applicable) concurs. 4.14 Forbidding Use of Outside Agents 4.14.1 The Consultant warrants that it has not employe or retained any company or person, other than a bona fide employee working solely for the Consul nt, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or pers n, other than bona fide employees working solely for the Consultant, any fee, commission, percenta e, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or maki g of this Agreement. For breach or violation of this warranty, the City shall have the right to annul the A reement without liability or in its discretion to deduct from the Agreement price or consideration or therwise recover the full amount of such fee, commission, percentage, brokerage fee, or counterpa t fee. 4.15 Consultant's Endorsement Oyf Plans 4.15.1 The Consultant shall endor the completed computat ns prepared under this Agreement, and shall affix thereto the seal of a li ensed professional enginee or architect, licensed to practice in the State of Iowa, in accordance with, a current Code of Iowa. 4.15.2 The Consultant agrees to furnish all reports, specificatio s, and drawings, with the seal of a professional engineer affixed thereto or such seal as requ ed by Iowa law. 4.16 Compliance With'Title 49, Code Of Federal 4.16.1 During the perfqrmance of this Agreement, the Consultant nd its assignees and successors in interest agrees follows: 4.16.1.1 Compliance with Regulations 4.16.1.1.1 The Consultant will comply with the regulations of the U.S. D partment of Transportation, relative to nondiscrimination in federally assisted programs of the U.S. D partment of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to a the "Regulations "), which are herein incorporated by reference and made a part of this Agreement. 4.16.1.2 Nondiscrimination Page 7 of 23 4.16.1.2.1 The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race, religion, age, disability, color, sex, national origin, marital status, gender identity, or sexual orientation in the selection and retention of employees or subconsultants, including procurement of materials and leases of equipment. The Consultant will not participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in the Regulations. 4.16.1.3 Solicitation for Subconsultants, Includi�Procurement of Materials and Equipment 4.16.1.3.1 In all solicitations, either by compe itive bidding or negotiation made by the Consultant for work to be performed under a subcontract, inc uding procurement of materials or equipment, each potential subconsultant or supplier shall be n tified by the Consultant of the Consultant's obligation under this contract and the regulations relative o nondiscrimination on the grounds of race, religion, age, disability, sex, national origin, marital tatus, gender identity, or sexual orientation. 4.16.1.4 Disadvantaged Business Enterprises 4.16.1.4.1 The Consultant or its subconsultants a ree(s) to ensure that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 ha a 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 Consultan and all of its subconsultants shall to / all necessary and reasonable steps in compliance with the to a DOT DBE Program to ensure di advantaged business enterprises have the maximum opportunity o compete for and perform contr cts. The Consultant and their subconsultants shall not discriminate o the basis of race, religion, a disability, color, sex, national origin, marital status, gender identity or sexual orientation in th ward and performance of U.S. DOT assisted contracts. If, as a conditio of assistance, the low OT has submitted to the U.S. DOT, or the Consultant has submitted to the wa DOT, and the U. . DOT or Department has approved a disadvantaged business enterprise ffirmative action ogram which the Iowa DOT and /or Consultant agrees(s) to carry out, this program s) is incorporat into this Agreement by reference. This program shall be treated as a legal obligati and failure carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the Consultant of its failure td DOT, and /or the U.S. DOT shall impose sanctions, other measures that may affect the ability of the Q assistance. The Consultant or any of its subcons with the Iowa Department of Transportation'/DB may result in termination of this Agreement deems appropriate. Refer to Article 4.6 of th 4.16.1.5 Information and Reports rut the approved program, the City, the Iowa i may include termination of the Agreement or ,ultant to obtain future U.S. DOT financial ants are hereby advised that failure to fully comply gram shall constitute a breach of contract and ient(s) by the City or such remedy as the City 4.16.1.5.1 Upon request, the Consultant will pro (e all informati n and reports required by the regulations, orders and instructions issued pursu t thereto, and wi permit access to its books, records, accounts, other sources of information, and i facilities as may be determined by the City, the Iowa DOT, or the FHWA, to be pertinent to ascert compliance with reg ations, orders and instructions. Where any information required of a Cons Itant is in the exclusive ossession of another who fails or refuses to furnish this information, the C nsultant shall so certify to he City, the Iowa DOT, or the FHWA, as appropriate, and shall set fo h what efforts it has made to obtain information. 4.16.1.6 Sanctions for Noncomplioce 4.16.1.6.1 In the event of the Co ultant's noncompliance with the ndpdiscrimination provisions of this Agreement, the City all impose such contract sanctions a it, the Iowa DOT, or the FHWA, may determine to be ap opriate, including, but not limited to: 1.6.1.1 Withholding of pal ments to the Consultant under the Agree ent until the Consultant complies, and /or 1.6.1.2 Cancellation, termination or suspension of the Agreement, in hole or in part. 4.16.1.7 Incorporation �f Provisions 4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 thrugh 4.16.1.6 of this Agreement in every subagreement, including procurements of materials and le se of equipment, unless exempt by the regulations, orders or instructions issued pursuant thereto. The Consultant will take such action with respect to any subagreement or procurement as the City, Iowa DOT, or FHWA 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 Page 8 of 23 supplier as a result of such direction, the Consultant may request the City, the Iowa DOT, or the Untied States to enter into such litigation to protect the interests of the City, the Iowa DOT, and the Unites States, respectively. 4.17 Access To Records 4.17.1 The Consultant is to maintain all books, documents, papers, accounting records, basic notes, sketches, charts 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 payment under the Agreement, for inspection and audit by the City, Iowa DOT, FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.18 Iowa DOT and Federal Highwa(tration inistration P icipation 4.18.1 The work under this Agreement e contingent upon and subject to the approval of the Iowa DOT and the Federal Highway Admin (if applicable). The Iowa DOT and the Federal Highway Administration shall have the rig articipate in the conferences between the Consultant and the City and to participate in the revexamination of the work in progress. 4.19 4.20 4.21 4.21.1 Severability If any section, provision or part o this Agreement shall be adjudged invalid or unconstitutional, such adjudication shall not affect the v lidity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or u onstitutional. Choice of Law and Form The laws of the State of Iowa shall g this agreement without regard to th of a quasi - judicial or judicial nature jurisdiction for the proceeding shall Iowa, Iowa City, Iowa. This provisio including without limitation sovereign City. Miscellaneous All provisions of the Agreement shall standards of the Engineering Profess overn and determine all matters arising out of or in connection with choice of law provisions of Iowa law. In the event any proceeding s commenced in connection with this agreement, the exclusive e brought in the Johnson County District Court for the State of shall not be construed as waiving any immunity to suit or liability immunity in State or Federal court, which may be available to the ciled in accordance with the generally accepted 4.21.2 It is further agreed that there are no othe onsiderations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire greement, and that no other monies or considerations have been solicited.IN WITNESS WHEREOF, the parti hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of th d tes below indicated. Shoemaker & Haaland Professional En Robert A. Bang, P.E. Project Manager - Structural Engineer City of Iowa City Matthew J Hayek Mayor Attest: Marian K. Karr, City Date: Page 9 of 23 Iowa Department of Transportation Accepted for FHWA Authorization* By Kent Ellis, P.E. Local Systems Engineer Iowa DOT District 6 Office * The Iowa DOT is not a party the work proposed under this E M-4 Page 10 of 23 Iowa DOT is indicating funds. ATTACHMENT A Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner: A. PROJECT MANAGEMENT SERVICES 1. Project Coordination Meeting: The C nsultant shall schedule and hold a project meeting to discuss the project scope including general and p oject specific items with concerned City Departments including Engineering, Traffic Engineering, Wa r and Sewer. 2. Coordination with Utilities: The Cons Itant shall schedule and hold a utility coordination meeting to discuss the project. The Consultant all follow up with utility issues and take into consideration the individual utility's concerns when di ping the design plans. 3. Property Owner Input: The Consultant hall lead one public informational meeting during pre- design and meet with adjacent landowners for revie of project (included in pr liminary phase budget). 4. Coordination with Sub Consultants: City nd Consultantwill mut consultants. 5. Project Status Reports: The Consultant .II provide the City wi� B. DATA COLLECTION PHASE 1. Coordinate "One Call" to locate and mark utili ies. 2. Conduct Topographic Design Survey including a. Survey Project Area: ly agree on the need for sub- bi- weekly updates of design progress. The survey and mapping area will include fiv hun ed feet east (additional four hundred feet east of the bridge is required for the additional side w Ik d water main improvements by the City) and one hundred feet west of the bridge from twenty -fi a eet beyond north ROW to fifty feet beyond south ROW and cross sections of Ralston creek fro / 'twenty -five feet beyond the top of bank as required to complete the hydraulic analysis to obtain nets ary permitting. b. Survey and Mapping Scope: The site survey and mapping will include'existing bank, toe of bank, found property corners, fences, poles and lines, trees and hedges and any other F utilities will be located as marked in the field by log ground surface. The mapping will show the flood City's floodplain mapping data. c. Property Survey: F adways, shoulders, the bridge structure, top of riveways, overhead power & communication rtinent man -made improvements. Underground IVOne Call, along with utility features visible at the and 100 year floodplain limits based on the Property line locations will be shown based on recorde pins found during the survey. This survey will not inclu survey of adjacent properties, but will provide property proposed construction easements if required. Review descriptions for coordination with survey. 3. Review City provided plans for bridge roads and other imp map. 4. Prepare project area topographic /elevation base map. C. DESIGN plat information and evidenced by corner a legal boundary, or boundary retracement ie locations with sufficient accuracy to show qty provided plats, easements, and property available for incorporation into base PRELIMINARY PLANS (plan submittal) The Consultant will prepare preliminary plans per Iowa Departm nt of Transportation format, utilizing the base survey and utility information available at the preliminary sta of project. Plans and specifications shall be based on the "Standard Specifications for Highway and Bn ge Construction ", Iowa Department of Transportation and City Design Standards as applicable and shall include: a. Bridge plans for removal and construction of a proposed structure (a modular, pre -cast bridge system, box culvert, or bridge). Page 11 of 23 b. The location of property lines, construction limits and the roadway right of way. c. Existing utilities and structures to be adjusted for construction. d. Implementation of City approved revisions per City and neighborhood Review e. Complete a hydraulic analysis of Ralston Creek as required to obtain necessary permitting based on HEC -RAS model of Ralston Creek. f. Prepare and make submittals to the Co s of Engineers and Iowa Department of Natural Resources for approval or clearances. g. Design stream bank stabilization for a as impacted by bridge construction. h. Communicate with affected utilities du Ting the course of design. i. Update Opinion of Project Cost based n the Preliminary Plans based on Iowa Department of Transportation and City standard bid it s and compare it to the cost indicated in the Project Budget Report. Break out costs between feder I aid items and nonparticipating items. A discussion of the adequacy of the existing budget shall th n occur between the Consultant and the City. If the budget is not adequate, options shall be evaluat d and recommendations shall be made to address any budget issues. 2. LAND ACQUISITION PLATS a. Land Acquisition Plats: The Consultant vkill prepare survey property and easement acquisitions requir d for the project i easements. b. Furnish copies of the survey plats, signed a Licensed property appraisal and acquisition process i cluding neg 3. CHECK PLANS / FINAL PLANS (plan submittal ) Prepare Check and Final Plans per Iowa Depart E City and Iowa Department of Transportation fro a. Special provisions as required for the project. b. Plans showing right of way, land acquisition a and legal descriptions for up to four ing temporary and permanent Surveyor, to the City to complete the f T ansportation format to include comments of the i nary set and include: easements as required. c. Address in the plans how the project is topased to allow minimal impact to Rochester Street traffic and allow access to adjacent prope ies. d. Prepare road closure and detour plan b�sed o Iowa Department of Transportation and City guidelines. / 1 e. Standard bid items final quantity es mates, and ethod of measurement and payment for work items of the project. Break out items/oninal be een federal id items and nonparticipating items. f. Certify the constrocum ts, in accordanc with the Iowa Department of Transportation and State of Iowa Reqnts. g. Budget Review/ Ers pinion of Constructio Cost. The Consultant shall refine the previous Opinion of Cost bn anal quantity information Sources of unit prices used shall b e documented. Breosts between federal aid tems and nonparticipating items. A comparison of the current total pudget with available funds hall be made. Any discrepancies will be identified and recdations to address any bud et issues will be made as part of this task. It is recognized that thsultant has no control over he contractor's means and methods of determining bid pe bidding climate and mark t conditions. Therefore the Consultant cannot guarantee this co on /estimate. D. BID PERIOD ASSISTANCE 1. Plan Clarification. The Consultant shall be available to di cuss the project with the City's project representative an, representatives of the Iowa Department f Transportation Contracts Office to answer questions during' -the bid period. 2. Preparation and Distribution of Addendum: The Consultant shall assist Iowa Department of Transportation to review contractor questions and assist to prepare addendums as necessary to be issued by Iowa Department of Transportation, Contracts Office. Page 12 of 23 E. CONSTRUCTION PHASE ASSISTANCE 1. Preconstruction Meeting: Consultant shall attend and participate in project preconstruction meeting at a location and time set by the City. 2. Plan Interpretation: Consultant shall be available to provide plan interpretation during construction. 3. Shop Drawing Review: The Consultant shall t the City with the review and approval of shop drawings. Page 13 of 23 ATTACHMENT B Specifications A. All services herein required and provided shall be in conformity with the applicable IDOT Standards, Design Guides and Specifications and Title 23, Code of Federal Regulations, Part 625. In addition, applicable sections of the U.S. Department of Transpgrtation Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications an estimates. B. Deliverables 1. Consultant shall provide two (2) pape sets of 11 x 17 plans and 8 -1/2 x 11 specifications and /or electronic format (PDF) at the end of a ch phase for review and comment. 2. Consultant shall provide paper copies nd /or electronic format (PDF) of items such as opinions of cost, special provisions, renderings, etc. as a plicable at review meetings. 3. Consultant shall provide paper or electr nic copies (PDF) of documents to .DOT at the designated review points: i.e., concept statement sub ittal, preliminary plan submittal check plan submittal, final plan submittal. Consultant shall also provide opies of said documents to th City 4. Consultant shall provide final plans and s4ecifications in paper and /o electronic format (AutoCAD 2004 and Microsoft Word or PDF) to the City up n completion of the bidd g of the project. 5. The City shall be provided construction rec rd drawing plan sets, Is follows: a. One full size hard copy set • 24" x 36" plans • 8 -1/2" x 11" specifications b. One Autodesk AutoCAD or Civil 3D drawin file pl set, version 2010 or later. • Each plan sheet should be ready to pr t. • Submittals shall include the 'plot style' ( assignments) file aka the .ctb file, in order for prints of the drawings to have the intended appe ance. • Preferred layer format to be consiste wi h National CAD Standards. All submittals shall include an explanation of the Consultant's AD I yer scheme. • All drawing files shall have the correct laye scheme in place. • External reference drawings shall be bound or inserted into the final drawing(s). • Submittals shall include all files used in the ar linked attachments such as Tiffs, or spreads ee • Files names are to be cgnsistent with plan ind identification. / c. One complete set of PDF'files (plans and specifica • Pen weights, density and shadings to be consi d. If applicable, submittals shall include ESRI ArcGIS e. If necessary, inclu�e a "Readme" document for any i i i 1 i l Page 14 of 23 set; these may include, but not be limited to, sheet names, as listed on title sheet, for easy , ready to print at full size. nt with original plot settings. pe files that were created for the project. that may be necessary. ATTACHMENT C (referenced from 3.1) Fees and Payments - Specific Rate of Compensation 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensa i terms of this Agreement, the Consulta payable under this Agreement of $88 7 itemized in Attachment H. The nature o completely determinate. Therefore, it is shown in Attachment H. If at any time d will exceed the estimated actual costs, it and describe what costs are causing the estimated actual costs without the prior concurrence of the Iowa DOT and the F the Consultant's cost records prior to a on for all work, materials, and services furnished under the t shall be paid fees not to exceed the maximum amount 6.57. The estimated actual costs and specified fee are engineering services is such that actual costs are not ossible that the Consultant's actual costs may exceed those ring the work the Consultant determines that its actual costs ill promptly so notify the Contract Administrator in writing verrun and the reason. The Consultant shall not exceed the J itten approval of the Contract Administrator and H A (when applicable). The City and�he Iowa DOT may audit ut orizing additional costs. The Consultant shall establish a procedu for comparing the actual cost ncurred during the performance of the work to the estimated tual costs listed in Attachm t H. The purpose is to monitor these two elements and thus provi a for early identification of ny potential for the actual costs exceeding the estimated actual costs. If th Consultant exceeds t estimated actual costs for any reason before the Contract Administrator is notified in writing, t City will have the right, at its discretion, to deny the use of the contingen y amount. The maximum amount payable will not be c anged unless t re is a substantial change in the magnitude, scope, character, or complexity f the service rom those covered in this Agreement. Any change in the maximum amount payable will be by Sup emental Agreement if the Contract Administrator agrees, and the Iowa DOT a d the F1 A (when applicable) concurs. If at any time it is determined that a maximum amount payable ill be r has been exceeded, the Consultant shall immediately so notify the Contract Administ ato in writing. The maximum amount payable may be increased by a Supplemental Agreement or E t Work Order, or this Agreement will be terminated, with the City having the right, at its discretion o terminate this Agreement without payment of the amount exceeding the maximum amount p a le. The City or the Iowa DOT may audit the Consultant's cost records prior to makin d ision whether or not to increase the maximum amount payable. The current schedule of billing rates i set forth i the following rate schedule. The Consultant may submit for approv/ed ised rate s edule one during the contract period. This revision may include a revised overheand revis d direct labor tes. The revised rate schedule should be submitted to the Contract Atrator r approval. Upo the Contract Administrator's written approval and concurrence by t DOT nd the FHWA (wh n applicable) it shall become apart of this Agreement. Fees paid for secp oval of authorities havin jurisdiction over the Project will be paid by the City. 3.1.1.2 Reimbursable Che Consultant shall be rei bursed for actual (direct non - salary) costs, which are directly attribnd properly allocable to the ork. The Consultant will be required to submit a detailed listing of costs incurred and certify that uch costs are not included in the overhead expense pool. T sts may include travel and su istence, reproductions, computer charges, and materials and stdpplies. Reimbursemot of costs is limited to those that are alloAable under the provisions of Title 48, Subchapter Section 31.105 and Subpart 31.2 of the c rrent Federal Acquisition Regulation. 3.1.1.3 Premium pvertime Pay. Not applicable. 3.1.1.4 Paymen s. Monthly payments for work completed shall be based on the services completed at the time oft a billing and substantiated by monthly progress reports in a form that follows the specific rate schedule. he Contract Administrator will check such progress reports and payment will be made for the hours completed at each rate and for direct non - salary costs incurred during said month. Page 15 of 23 Upon completion, delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and /or amounts earned. Payment of 100% of the total cost claimed will be made upon receipt and review of such claim. The Consultant agrees to reimburse the City for possible overpayment determined by final audit. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Shoemaker & Haaland Professional Engineers Page 16 of 23 ATTACHMENT D Certification Regarding Debarment, Suspension, and other Responsibility Matters — Primary Covered Transactions Instructions for Certification By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 1. The inability of a person to provide the certif ti on required below will not necessarily result in denial of participation in this covered transaction. Th 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 cert ication or an explanation shall disqualify such person from participation in this transaction. 2. The certification in this clause is a material repres ntation of fact upon which rOliance 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 erroneo certification, in addition P other remedies available to the Federal Government, the department or agency ay terminate this tran ction for cause of default. 3. The prospective primary participant shall provide im diate written notice Ao the department or agency to whom this proposal is submitted if at any time the pro pective primary p icipant learns that its certification was erroneous when submitted or has become errone us by reason of hanged circumstances. 4. The terms "covered transaction," "debarred," "suspend d," "ineligible "lower tier covered transaction," "participant," "person" "primary covered transaction," "p incipal," "pr posal," and "voluntarily excluded," as used in this clause, have the meanings set out in the de 'nitions an coverage sections of the rules implementing Executive Order 12549. You may contact he dep ment or agency to which this proposal is being submitted for assistance in obtaining a copy of tho a regu tions. 5. The prospective primary participant agrees by submitting his roposal that should the proposed covered transaction be entered into, it shall not knowingly enter int ny lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or volunt ily excluded from participation in this covered transaction, unless authorized by the department or age entering into this transaction. 6. The prospective primary participant further agrees by bm ting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspensio , Ineli ibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department r agenc entering into this covered transaction, without modification in all lower tier covered transactions d in all s licitations for lower tier covered transactions. 7. A participant in a covered transaction may rely pon a certific tion of a prospective participant in a lower tier covered transaction that it is not debarred, su ended, ineligib e, or voluntarily excluded from the covered transaction, unless it knows that the certifica * n is erroneous. participant may decide the method and frequency by which it determines the eligibi i y of its principals. ach participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shal a construed to require stablishment of a system of records in order to render in good faith the certification equired by this clause. T e knowledge and information of a participant is not required to exceed at which is normally posse sed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorize under paragraph 6 of these instr ctions, if a participant in a covered transaction knowingly enters int a lower tier covered transaction wit a person who is suspended, debarred, ineligible, or voluntarily exclude from participation in this transaction, in addition to other remedies available to the Federal Government, t department or agency may terminate this transaction for cause or default. Page 17 of 23 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 commissi 'of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or S to Antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of cords, making false statemts, or receiving stolen property; (c) Are not presently indicted for or othe 'se criminally or civilly charge by a governmental entity (Federal, State or local) with commission of any f the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period prec ing this application /prop sal had one or more public transactions (Federal, State or local) term ated for cause or defaul . (2) Where the prospective primary participant is un ble to certify to any o the statements in this certification, such prospective participant shall attach an exp nation to this prop al. State of Iowa Johnson County I of (name) %it e) (c ompany) being duly sworn (or under penalty of perjury under the s f the United States and the State of Iowa) do hereby certify that the above statements are true and cot. (signature) Subscribed and sworn to this day c Page 18 of 23 ATTACHMENT E Certification of Consultant I hereby certify that I, Robert A. Bang am the Project Manager and Structural Engineer and duly authorized representative of the firm of Shoemaker & Haaland Professional Engineers whose address is 160 Holiday Road, Coralville, IA 52241, and that neither I nor the above firm here represented has: (a) Employed or retained for a commissio percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona ide employee working solely for me or the above Consultant) to solicit or secure this contract, (b) Agreed, as an express or implied con tion for obtaining this contract, to employ or retain the services of any firm or person in connection with c rrying out the contract, or (c) Paid, or agreed to pay, to any firm, orga ization or person (other than a bona fide employee working solely for me or the above Consultant) ny fee, contribution, dpnation or consideration of any kind for, or in connection with, procuring or carrying ut the contract; exce t as here expressly stated (if any): I acknowledge that this certificate is to be furnish to the Iowa Dep ment of Transportation and the Federal Highway Administration, U.S. Department of Tran portation, in con ction with this contract involving participation of Federal -aid highway funds, and is subject to ap licable, State a Federal laws, both criminal and civil. (signature) Made this day of Page 19 of 23 ATTACHMENT F Certification of City I hereby certify that I, Matthew J. Hayek, am the Mayor and the duly authorized representative of the City, and that the above consulting firm or its 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 irm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here a ressly stated (if anyt I acknowledge that this certificat is to be furnished the lovtka DOT and the Federal Highway Administration, U.S. Department of Transportation, in is with this contr*t involving participation of Federal -aid highway funds, and is subject to applicabl State and Federal laws, b�h criminal and civil. (signature) Made this day of Page 20 of 23 ATTACHMENT G Shoemaker & Haaland Professional Engineers 160 Holiday Road Coralville, IA 52241 Specific Rate Final Invoice Invoice No. Invoice Period Covered Consultant Job No. Task Description Task Description Task Description Task Description Direct Expenses Mileage Per Diem CADD Subconsultants (including authorized contingency) Name Name Name Total Total Authorized Amount Total Billed To Date Remaining Authorized Balance Date City Project No. County City Project Description 3919- 434720 Johnson Rochester Avenue Bridge Replacement ract Cumulative Current stima To Date Period Page 21 of 23 ATTACHMENT G Page 4 Specific Rate Final Invoice Instructions Employee Labor Hours and Dollars: A final cumulative job cost report that shows a breakdown of labor by fiscal year, employee name, employee labor hours and employee labor rate is required. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Direct Expenses: A final cumulative job cost report that shows a breakdown of direct expenses by specific item (mileage, CADD, per diem, etc....) by fiscal year is required. Direct expense items charged should identify the number of units (miles, hours, prints, copies, feet, etc....) and the rate applied by fiscal year. In lieu of a final job cost report, a summary of the aforementioned information is needed. The summary should be supported by monthly job cost detail. Subconsultant: Final invoice requirements for subconsultants with specific rate contracts are the same as the requirements for the prime consultant. It is the prime consultant's responsibility to assure such an invoice is acquired and attached to the prime's final invoice. Page 22 of 23 ATTACHMENT H Consultant Fee Proposal Fecieral Ala Cllgllle nelnb Preliminary Engineering Task Project Project Design Engineering Survey Crew Clerical Total Hours Fee Mana er Principal Manager Engineer Technician Project Management Data Collection Preliminary Design Check Plans /Final Plans 0 0 0 0 2 0 2 2 8 26 31 12 0 2 79 $ 6,969.18 Project Management 35 6 46 0 93 $ 6,613.54 Data Collection 0 6 59 76 0 7 178 $ 13,659.94 Preliminary Design 8 28 0 12 0 52 $ 4,144.16 Land Acquisition Plats 0 161 12 7 28 155 244 01 01 482 $ 36,323.01 Check Plans /Final Plans 61 01 01 311 2,786.92 Bidding 4 101 Construction Engineering Task Project Project Design Engineering Survey Crew Clerical Total Hours Fee Principal Manager Engineer Technician 5 11 15 6 0 0 37 $ 3,358.38 Construction Services _.. !72 QGS 12 3a W F— " "Nu.rrry auocuMwcmlc� Fee EConlcu,ltant $ 6,700.00 n $ 3,700.00 Transition Ecology Total Hours Subroral ramapoony rrr v.r, Total Federal Aid Eligible Fee with Subconsultants $84,255.13 i \ __IL. r..._A A Ir.......• nU,.,. newt_ 0- 1--- -r and Cidawalk InSt�llation Outside of Funding Limits) Locally rullueu ILems trr oacr Task Project Proj ct Design - - - - -- En ineering Survey Crew Clerical Total Hours Fee Principal Mana er Engineer T chnician Project Management Data Collection Preliminary Design Check Plans /Final Plans 0 0 0 0 2 0 2 2 4 6 4 4 0 6 12 0 12 0 0 0 0 0 0 10 18 12 22 $ 759.54 $ 1,227.00 $ 882.40 $ 1,582.50 Page 23 of 23 Total Locally Funded Fee $4,451.44 Total Fee $88,706.57 City of Iowa City MEMORANDUM DATE: August 22, 2011 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: First Avenue Storm Sewer Improvements Project — Property Acquisition Authorization (September 6) This project will construct storm sewer improvements near First Avenue, between the Lower Muscatine Road Reconstruction Project and the First Avenue Grade Separation Project. In the past, First Avenue has experienced flooding near the existing box culvert that crosses under First Avenue south of Mall Drive. In addition, the mini -mall located at 1705 First Avenue has experienced flooding from the open ditch located behind the building. The proposed storm sewer improvements are intended to address these issues, as well as accommodating storm water from the proposed Lower Muscatine Road Reconstruction and First Avenue Grade Separation projects, to reduce the frequency of flooding at these locations in the future. The project is planned to be designed and constructed in two phases. Phase 1 will include new storm sewer to replace the open ditch behind the mini -mall at 1705 First Avenue. Phase 2 will include storm sewer improvements from the end of Phase 1 to an existing culvert east of First Avenue, where storm water flows onto the Proctor and Gamble site. This project will include the installation of new storm sewer, removal and replacement of parking lot pavement, and other related work on private property. Therefore, construction of the proposed improvements will require permanent storm sewer and temporary construction easements from the property owners. Staff recommends authorizing property acquisition for this project at the City Council meeting on September 6 th Cc: Rick Fosse, Public Works Director Jason Havel, Civil Engineer Prepared by: Jason Havel, 410 E. Washington St., Iowa City, IA 52240 319 - 356 -5410 RESOLUTION NO. ii-m9 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City desires to construct the First Avenue Storm Sewer Improvements Project ( "Project ") which includes the installation of new storm sewer and the removal and replacement of pavement; and WHEREAS, the Project will be constructed in two phases, with Phase I including improvements to the open ditch behind the mini -mall at 1705 First Avenue and Phase 2 including improvements between Phase 1 and the Procter and Gamble site east of First Avenue; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and WHEREAS, funds for this project are available in the First Avenue Storm Sewer Improvements account #3626. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and /or easement for the construction of the First Avenue Storm Sewer Improvements Project ( "Project ") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and /or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and /or easements, and offers to purchase property and /or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Resolution No. 11-299 Page 2 Passed and approved this 6th day of September 1 2011 —• MAYOR ATTEST:Gl CITY bEERK It was moved by Wilburn and seconded by adopted, and upon roll call there were: AYES: NAYS: X x x x x pweng /res /acq -propl stAveStormSewr.doc Approved by City Attorney's Office ;r Mims the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright b -0 = -4 CITY OF IOWA CITY 6 �� MEMORANDUM , Z- Date: August 25, 2011 To: Tom Markus, City Manager From: Gary Cohn, ITS Coordinator Re: Agreement for cooperative fiber optic infrastructure installation with Iowa Network Services (INS) Introduction: Iowa Network Services (INS) desires to install a buried duct system for fiber optic telecommunications cable within City of Iowa City public right -of -way. INS approached the Cities of Iowa City and Coralville, as well as the University of Iowa, and offered to cost -share with each entity for the installation of buried duct for each entity's use. History /Background: The City installed a fiber optic plant with the Voice Communications Upgrade project in 2003 connecting 14 City facilities with high -speed data access and telecommunications services. That plant was mostly installed with aerial attachments to Mid - American Energy power poles under the City's franchise agreement. The City now relies heavily on the data service provided by the Fiber plant, and the ITS division has endeavored to protect that data service for City departments. Underground fiber routes are better protected from weather such as high winds and tornados, flood events (during the flood of 2008, bridge - attached fiber routes were in jeopardy if any of the bridges would have washed away) as well as motor vehicle accidents where a vehicle strikes a power pole and taking services down. The City of Coralville and the University of Iowa are participating with INS to install duct. The City of Iowa City is presented with an opportunity to install duct for greatly reduced cost. Discussion of Solutions: Areas of the route INS is proposing parallel established City aerial routes. These routes will be able to connect public safety facilities like Fire Stations 2 and 3, and the Police Substation, as well as Public Works facilities traffic lights, Wastewater South, Water GSR's, East Side Recycling Center as well the Landfill. The route also includes directional drilling for installation of duct under the Iowa River for protection during flood events. Recommendation: Staff recommends cost - sharing with INS for the installation of underground duct for future Fiber Optic Cable installation. 111� Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 11 -300 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND IOWA NETWORK SERVICES TO CONSTRUCT AN UNDERGROUND DUCT AND HANDHOLE SYSTEM FOR CITY USE. WHEREAS, Iowa Network Services will construct an underground duct and handhole system within the City of Iowa City with said components for Iowa Network Services use; and WHEREAS, the City of Iowa City desires Iowa Network Services to simultaneously construct a City Facility of underground ducts, handholes, and other appurtenant equipment or materials for the sole use by the City of Iowa City along a portion of the route being constructed by Iowa Network Services; and WHERAS, funds for this project are available in the Iowa Network Service Fiber Duct Install Project account #4701; and WHEREAS, the Parties agree that Iowa Network Services shall construct a City Facility, along a portion of the same right of ways in Iowa City, as the Iowa Network Services facility; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: It is in the public interest to enter into the above - mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Network Services. Passed and approved this 6th day of September-, 2011. MAYOR ATTEST: -, 11r) , L� CIT LERK -.v It was moved by Wright and seconded by adopted, and upon roll call there were: Mims the Resolution be AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright r� AGREEMENT FOR INFRASTRUCTURE FACILITIES This Agreement for Infrastructure Facilities ( "Agreement ") is entered into this 6th day of September, - 2011, by and between The City of Iowa City (hereinafter referred to as "City') and Iowa Network Services (hereinafter referred to as "INS'). Collectively, INS and the City are referred to herein as the "Parties ". WHEREAS, Iowa Network Services will construct an underground duct and handhole system and other appurtenant equipment or materials (hereinafter "Project ") within the City of Iowa City with components INS use (hereinafter "INS Facility ") and components for City use (hereinafter "City Facility'); and WHEREAS, the Parties agree to have INS construct the City Facility, along the same right of ways in Iowa City as the INS facility, pursuant to the terms and conditions set forth herein: NOW, THEREFORE, in consideration of the mutual promises herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Location. The City Facility shall be constructed upon the tracts of land within the City of Iowa City, Iowa, shown as Segments S8 -S16 on Exhibit A, attached hereto and incorporated herein by reference. 2. Duct. INS shall construct the City Facility, including the ducts, handholes, and other appurtenant equipment or materials (hereinafter the "Deliverables ") set forth on Exhibit B, attached hereto and incorporated herein by reference. The City and INS agree that the materials to be utilized in the construction of the Deliverables are set forth in Exhibit C, attached hereto and incorporated herein 'by reference. INS is wholly responsible for engineering, contracting, and managing the Project and its construction. INS shall construct for the City Facility separate handholes from any other facilities being constructed by INS or its subcontractors. Further, where a handhole is installed within the City Facility, it shall be located adjacent to and out of line with the INS Facility such that INS ducts do not share or route beneath City handholes and vice versa. 3. Industry Standard. Services rendered pursuant to this Agreement shall be performed in a professional and workmanlike manner in accordance with the terms of this Agreement and with generally acceptable industry standards and practices of construction and performance for similar tasks and projects. The materials utilized shall be of the best commercial quality. 4. Acceptance. Upon written notice from INS that the City Facility and Deliverables are ready for inspection, the City shall inspect the work and notify INS of any deficiencies or instances where the work performed does not comply with the terms of this Agreement and any attachments thereto. When any such deficiencies or instances of noncompliance are no longer present, the City Council shall formally accept the City Facility. Each segment of duct shall be tested for excessive deflection and collapse using a test mandrel no smaller than 80% of inside diameter of the duct. The test shall be conducted after the duct is installed, handholes are placed and ready for inspection by the City. After mandrel testing is complete each end of each duct segment shall be plugged with a removable duct plug. Inspection and acceptance of the City Facility shall not relieve INS of the obligation to fulfill this Agreement. Defective materials or work must be corrected by INS even if inspected or accepted by the City. Upon completion and acceptance of the City Facility by the City, the City shall retain full ownership of the City Facility. Upon completion and acceptance of the City Facility by the City which are free from defective work and materials, the City will bear responsibility for future operation, maintenance, and relocation (if needed) of the City Facilities. 5. Permits. INS shall obtain all necessary permits and authorizations for the City facility and the construction set forth in this Agreement. INS shall ensure that any necessary permits and authorizations are properly signed and recorded, and that such permits are in the name of the City of Iowa City and reflect the City's right to use the Deliverables and the property where the Deliverables are located. INS shall assume all costs relating to said permits and authorizations. INS shall deliver copies of said permits and authorizations to the City upon request. 6. Cost. The City shall pay INS for the work performed under this Agreement in an amount not to exceed $111,950. The Parties hereto acknowledge that the Project expenses are estimated on Exhibit B, attached hereto. Said monies shall be payable upon completion of the work contemplated by this Agreement in accordance with the terms of this Agreement, including but not limited to the provisions regarding the City's acceptance of work, and upon submission of an invoice to the City for said completed work. INS will invoice the City for costs due under this Agreement after completion of the segment and the City's acceptance. The City will pay all approved invoices in arrears and in conformity with Iowa Code 8A.514. If the City disputes the amount of any invoice, the City may withhold payment of the disputed amount until the dispute is resolved. 7. Termination. Either party may terminate this Agreement upon written notice for the substantial breach of any material term of this Agreement by the other Party, if the breaching party does not cure within thirty (30) days of delivery of the notice to cure. In the event of termination of this Agreement, the City shall pay only the amounts, if any, due and owing to INS for goods actually provided and services actually rendered up to and including the date of termination of this Agreement and for which the City is obligated to pay pursuant to this Agreement. The City may withdraw from this Agreement any time prior to INS executing an agreement with the construction vendor to construct the City's Facilities. Upon termination of this Agreement, INS shall stop work under this Agreement and will protect and preserve Project materials in the possession of INS in which the City has an interest by virtue of this Agreement. 8. Liability. INS covenants to indemnify, defend and save the City of Iowa City and its employees, officials, agents, and Council members harmless from any and all claims or damages relating in any way to the construction of the Deliverables in this Agreement or the actions or inaction of INS relating to the obligations of this Agreement, except, however, to the extent the claim or damages arises out of conditions or circumstances beyond the control of INS and without fault of INS. 9. This Agreement shall continue through the date that construction of the City Facility is completed and accepted, which is anticipated to be no later than November 30, 2011. The duration of this Agreement may be extended by mutual agreement in writing of the parties due to weather or other unforeseen circumstances. 10. Independent Contractor. INS and any subcontractor used by INS in the course of constructing the City facilities and providing the Deliverables are operating as independent contractors. Nothing in this Agreement shall be construed as creating or constituting the relationship of a partnership, joint venture, or other association of any kind or agent/principal relationship between the Parties. 11. Use of Third Parties /Prime Vendor Responsibilities. The City acknowledges that INS may contract with third parties for the performance of any of the INS obligations under this Agreement. INS may enter into these subcontracts to complete the project provided that INS remains responsible for all services performed under this Agreement. All restrictions, obligations and responsibilities of INS under this Agreement shall also apply to subcontractors. The City shall consider INS to be the sole point of contact with regard to all matters related to this Agreement and is not required to initiate or maintain contact with any subcontractor. Notwithstanding any contrary provision in this Agreement, INS maintains responsibility for any loss or damage caused in whole or in part by any subcontractor. 12. Compliance with the Law and Regulations. INS shall comply with all applicable Federal, State, and local laws, rules, ordinances, regulations and orders when performing within the scope of this Agreement. INS will further ensure that any subcontractors utilized by INS to perform any of the work contemplated by this Agreement shall comply with all applicable Federal, State, and local laws, rules, ordinances, regulations and orders. 13. Amendments /Change Orders. This Agreement may be "amended from time to time by mutual consent of the Parties. All amendments to this Agreement must be in writing and executed by the Parties. If the City requests a change order for the work to be performed in this Agreement, the Parties will agree to the cost of the change and to any changes that may need to be made to the construction schedule. 14. Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreement is int6 d�e& 1y"'A benefit the City and INS. 15. Successors, i.n Interest. ,- All,.the:,teFms; °provisions, and conditions of the Agreement shall be binding upon the Parties and'their respective successors, assigns, agents, and legal representatives. 16. Records Retention and Access. INS shall permit the City or any authorized representative of the City to access or examine records relating to or created as a result of the performance of this Agreement. 16.1 Record Documents. INS shall provide printed record documents reflecting the actual installation of the City Facility as constructed. Record documentation shall be consistent with typically accepted practices for documenting design and construction 3 of similar infrastructure facilities and shall include right of way details, detailed notations of routes and placement, materials and quantities, and appropriate dimensions. An electronic copy in "pdf' format or AutoCAD drawing format is desirable. 17. State and Local Taxes and Charges. INS acknowledges that it, its vendors and subcontractors may be subject to certain taxes or charges as a result of participation in this Agreement and the activities contemplated in the Agreement. INS and its subcontractors shall be solely responsible for the payment of such taxes or charges, and shall promptly pay all such taxes when due. The Parties acknowledge that the City is a tax - exempt entity. 18. Integration, This Agreement, including all the documents incorporated by reference, represents the entire contract between the Parties. This Agreement supersedes all prior contracts between the City and INS for the goods and services to be provided in connection with this Agreement. No party is relying on any representation that may have been made which is not included in this Agreement. 19. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion shall be severed from this Agreement. Such a determination shall not affect the validity or enforceability of any other part or provision of this Agreement. Dated this 6th day of September , 2011. IOWA NETWORK SERVICES BY: 190 6 t; f .T' _17h e r/o c- TITLE: Y/ c e 0'Pg7, -any CITY OF IOWA CITY, IOWA Matthew J. Hayek, a r Attest: 2k��, z-) - City erk 4 Approved By City Attorney's nffic -o C, CrD O Z t-6, CIP O T. -40 iL H IA 00 N "30 O Z t-6, CIP -40 iL H IA 00 N "30 3xv O Z t-6, CIP 0 W x LU CL WA- 0 N .r N 0 W x LU CL WA- 0 N .r 'Id hH IAY Hlir TW HIS 3N4 IN 9 4 f 419 0 0 c 0 1 o 0 iz cn m H-19 0 P 49 Cc) OX • .3 c N W IL z(D ME 0 IL 0 P 49 Cc) OX • .3 c N W IL z(D ME V eBed eeg uollenulluoo elnom rz / r?J_t,xXnr ; ; ST .i, 10 rJ Y{+f�rl QA /){VO o U a f w o Oo �"� �t' a ----m � �,lt • • 'J3933M r�7 is ca z A3 Sw�a rte ; x s N ;.ls; ' es eS s� f - J 1S 13SNn c i 4 �I;++t'"V .il C C is NOIR E OR t: L�YuGH UR uu t 3AV WSON tJ Is u 3 As Q i oiN .`� G U .$y. Qom/ `� p C O is re 7 r N CN Nw u �U 60 0 cm •o MCJ 'J3.1 +i ub O ae CL 4 0 V01 0 c �(VO13 YGml' 4W CiN r o Mm SS t+aSNa( q z cL Y!Yiy 4. 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L o ,;x CCU�C : ^d�."-•-1 _, OUV try -10d4 � 2uej vj o U o ° O R O If L ,,, 't+v ISffdd LO W V W d y 95ed meg uoi ;enulluoo minoa Dr rt 84 St 81 tit Si SI 5, IN 8 8 8 6 a Summery of EsBmatetl Costs 8 Deliverables Based on INS Figures for Ducts) Through Coralville 8 Iowa City EXHIBIT B Approximate TOTAL agfl On Route Footage R roximate MM Coate msm University Cow" Duvon or r,oso Ima City Coe" CoralAlle, Cost; I ExhIbIM 1,88] 758 19.971 100 5.306 2,429 2,400 2,594 3363 2.330 2,000 12,746 2263 367 2,074 468 $ 1],]14 1000 $ 8.857 $ 4,428 500 $ 4,428 500 iban One edditicoel tluct Pm doles -lb Two" ehantlholes -one peach and asegment org h 813u bTOUI E 18.714 $ 7,959 f 8,857 $ 3,980 f 0.928 $ 1.990 f 0,928 $ 1.99D ment 32 -sea EidilbN -A One additional dud Peonk to City ofcow,llb ffi SubTael $ 7,959 $ 209,6% 1,000 f 3,980 $104,848 f 1,890 $ 52,424 500 f 1.990 $ 52.424 $ 500 melt 8J- aae Exhbk-A One aoMJonal duct Parm9 w Cn, of Cwalville T. large handhdea -one a each and segment 83 SubTOW $ 210.896 $ 1.050 500 f 104,1118 $ 525 $ 52.924 $ 52,920 $ 525 500 melt S/ -see Exhlbk -A One ad.", -al du Permit to C' aCwalvllle Oh. lage handhob an 22nd Avenue 80 werotel $ 1,550 $ 55,]13 $ ffia $ 17,B57 f $ 2].85] f 1,025 melt 611- sae Exhlbk -A One atlddona dua Pwrnnt 0 UnNersit, aloaa 658ubTOW E 55,]13 $ 27,448 s SIX f 27,857 $ 9,149 $ 27.857 $ 9,149 S 250 f $ 9,149 S 250 gmant 58 -- aee Exhibit -A Two eddlbnal duffs P out W Cit, 0Cwalvilb One ange handhole an HinWna Dilve S88u0TOW 111 .110 $ 12,600 f 8,399 $ 12,800 $ 500 f , gwent S7- aea Exhlbk -A One atltli9onal tluct Permit to Uninersi aloes Onel a handhdb a Woolf Avenue $7 WbTOta1 J22 0 12,600 $ 9771 f 13,+00 $ 9.]71 $ 500 $ 9,771 $ 500 ent ffi - aee ExTao atldlgnal duds PermCi Tvo lar ehandholes -one al each entl as menl 558uDTa"I 2 0 $ 9,7]1 $ 1],131 $ 10371 f 10271 $ 17,131 1000 ant S9- aee One additonal duo pennit ro Ci alone Two" ahantlholes -one at each anda ment Soot T" 2 E 28,329 500 3 17,131 $ 8.776 f 8,776 S 250 a 18,1$1 $ 8,776 $ 250 M1810 -sae Tao atldtional tluda 1. atyA P7M1 ro CI a Iona Ci Onela ehantlhdea GlbeR Street 8108ubTalal 28,829 $ 30,600 $ S00 8,774 $ ],650 f 6,026 $ 11,475 $ 250 f 9,028 $ 11.475 $ 250 p11811- sae ExhlWt -A adtldonal ducts ;Three p:.e.0 alpwe One l a handho" at Gilbert Street 8118uDTaW f 31.100 $ 133,833 S 500 7,650 $ 66.917 f IMS $ 33.458 250 T 11,725 $ 33,458 S 250 pit 812 -aN ExhibRA O ne atldtlonal d Permkfo Cl alw.e Onela ehandhd9at Halnx ROatl 8128uDTaW $ 134,333 $ 23762 1000 $ 811.617 $ 11,881 f 33.706 $ 5.940 S00 $ 33.706 S 5.940 S 500 ant 813- aae Exhlbk -A Oneaddtlonal duct Permit to C a loan CRY Two large handholes - one al each and as mutt 8138abTalY E 24,762 $ 5.015 $ 1,600 f 11.9a1 $ 1,404 f 8,410 $ 2,106 8 500 f 0.440 $ 2.106 $ 50 arH 814 -see Exhibkd Threeadtlaona ducts Pennk to C a lone Tvrob ehantlhdes -one aneach and as ment 8118ubdal T 8,815 $ 31732 I $ 1,400 $ 7,933 f 2.806 $ 11,900 I S 250 f 2,606 $ 11,800 250 eM 815 -see Exhibl - ThreeaddNOnapduds Permk to City algae CRY One large handhob at Court Street 6711 8u0Taal $ ffi232 S 5,124 f 7,633 S 2.562 3 12,160 f +2.+60 $ 2,562 elt 8/11 -sea Exhbkd One atltlNanNduct Pemk"cl oft. CRY 8188uDToltl S 5,124 2,582 $ 2.562 EsVmmdWWdu, hvneaahlPartyl 607761 $ 674,8471 3$01,8391 $196,1241 $108,6191 $ 70,2661 NOTES 1. Figure, represent empty W os rou"tl alth INS duct 2. Final cm" We be based on aoual rou "footage - cote" Oumn are based on rough route footage 3. l4atadaF t for hanchdes not Indutletl in coat figures Unk prided Von, INS fw duct In italletlon 6 handnole humiliation One 2- duct = $7.75 Pe'toat Tao 2' ducts = $10.50 per foot Three 2'tlucts = $11,W Pp fool Four 2 -ducts = $15.30 Par foot Small handiole Ins"Ilatian - $300.00 Lange handiob installaEm - $500.00 AA13 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -301 RESOLUTION APPROVING THE CITY TITLE VI COMPLIANCE PLAN. WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color and religion by agencies, such as the City of Iowa City, in programs and activities that receive federal funds; and WHEREAS, the City should adopt a plan to ensure compliance with Title VI and similar federal laws prohibiting discrimination in the use of federal funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached Title VI of the Civil Rights Act of 1964 Compliance Plan is approved. Passed and approved this 6th day of September _,2011. ATTEST: CIT LERK A<4111-_ MAYOR Approved by City Attorney's Office Resolution No. 11 -301 Page 2 It was moved by champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: X— X _ x x x x x wpda to /glossary/resolution -ic. doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright I r 1 L! ..III p IM CITY OF IOWA CITY TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Compliance Plan September 2011 City of Iowa City City Hall 410 East Washington Street Iowa City, Iowa 52240 -1826 Phone: (319) 356 -5000 http: / /www.icgov.org CITY OF IOWA CITY TITLE VI POLICY STATEMENT The City of Iowa City assures that no person shall, on the grounds of race, color, national origin, or sex as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 (P.L. 100.259), and the Federal -Aid Highway Act of 1973 be excluded from or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. The City of Iowa City further assures every effort will be made to ensure nondiscrimination in all of its committees, programs and activities, regardless of the funding source. The City of Iowa City will include Title VI language in all written agreements and bid notices and will monitor compliance. The City Engineer and Civil Rights Coordinator of the City of Iowa City will be responsible for initiating and monitoring Title VI activities and all other responsibilities as outlined in this plan. �E.M.,l.QV. x1alk- Ronald R. Knoche, City Engineer Stefanie Ilowers, Civil Rights Coordinator JQS� <LJ� Matthew J. Hayek, Mayor 9/15111 Date Date 9- 11-%( Date This policy and assurances were adopted at a regular City Council meeting held on September 6, 2011. CITY OF IOWA CITY TITLE VI ASSURANCES The City of Iowa City (hereinafter referred to as the "Recipient "), HEREBY AGREES THAT as a condition to receiving any federal financial assistance from the United States Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Act "), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation Subtitle A, Office of the Secretary Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of the Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations "), and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient received federal financial assistance, and; HEREBY GIVES ASSURANCE THAT, it will promptly take any measures necessary to effectuate this agreement. This assurance is required by Subsection 21.7(a) (1) of the Regulations. THIS ASSURANCE, is given in consideration of and for the purpose of obtaining, any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under Federal Highway or Transit Program, and is binding on it, other recipients, sub - grantees, contractors, transferees, successors in interest, and other participants in the Federal Aid Highway or Transit Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipient. Ronald R. Knoche, City Engineer Stefanie towers, Civil Ri is Coordinator 9bssl u Date Date TITLE VI AUTHORITIES Title VI of 1964 Civil Rights Act provides that no person in the United States shall, on the grounds of race, color, national origin, or be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance. Section 162a of the Federal-Aid Highway Act of 1973 (codified at 23 U.S.C. §23) requires that there be no discrimination in FWHA funding on the ground of sex. Implementing regulations can be found at 23 CFR 200.9 and 49 CFR 21. The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of terms "programs or activities" to include all programs and activities of Federal Aid recipients, sub - recipients, and contractors, whether such programs and activities are federally assisted or not (Public Law 100 -259 {S.557} March 22, 1988). COORDINATOR RESPONSIBILITES The City Engineer and the Civil Rights Coordinator are responsible for ensuring the implementation and the day to day administration of the City of Iowa City's Title VI Plan. The City Engineer is also responsible for implementing, monitoring, and ensuring the City's compliance with the Title VI regulations. GENERAL RESPONSIBILITIES A. Public Dissemination The City of Iowa City will disseminate Title VI Program information to City's employees, sub - recipients, and contractors, as well as the general public. Public dissemination may include posting of public statements, inclusion of Title VI language in contracts, and announcements of hearings, and meetings in minority newspapers when determined necessary and funding is available. B. Prevention of Discrimination Procedures will be implemented to detect and eliminate discrimination when found to exist, including, but not limited to, issues of accessibility of training to all qualified City employees, utilization of Minority /Women/Disadvantaged Business Enterprises (DBE) contractors, public involvement and material acquisition. C. Annual Reports The City Engineer will be responsible for insuring an annual report is prepared by August Is' of each year and submitted to Iowa DOT by September Is' of each year. The report will review Title VI accomplishments and goals for the upcoming year. D. Remedial Action The City of Iowa City will actively pursue the prevention of any Title VI deficiencies or violations and will take the necessary steps to ensure compliance through a program review with the program administrative requirements. If irregularities occur in the administration of the programs operation, procedures will be promptly implemented to resolve Title VI issues and reduce to writing remedial action agreed to be necessary, all within a period not to exceed 90 days. Iowa DOT will be notified of any complaint filed at the City of Iowa City involving Title VI issues, and any resolution. FILING A COMPLAINT Applicability The complaint procedures apply to the beneficiaries of the City of Iowa City's programs, activities, including but not limited to: the public, contractors, sub - contractors, consultants, employees and other sub - recipients of federal and state funds. Eli ibg ility If any individual, group or individuals, or entity believes that they or any other program beneficiaries have been subjected to discrimination prohibited by Title VI nondiscrimination provision as a recipient of benefits and/or services, or on the grounds of race, color, national origin, or sex, they may exercise the right to file a complaint with The City of Iowa City. Every effort will be made to resolve complaints informally at the agency, recipient and/or contractor level. Time Limitation on Filing Complaints Title VI complaints may be filed with: • City of Iowa City • Iowa Department of Transportation • Federal Highway Administration • U.S. Department of Transportation In all situations, City of Iowa City employees must contact the City Engineer and/or the Civil Rights Coordinator immediately upon receipt of Title VI or related statutes complaints. Complaints must be filed not later than 180 days after: • The date of the alleged act of discrimination; or • The date the person became aware of the alleged discrimination; or • Where there has been a continuing course of discriminatory conduct, the date on which the conduct was discontinued. Complaints must be in writing, and must be signed by the complainant and /or the complainant's representative. The complaint must set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. A Title VI complaint form is available at the City Engineer's office and the Civil Rights Coordinator's office during normal business hours. The DOT Federal Transportation Administration has approved a policy entitled "Iowa City Transit Title VI Plan," which mirrors this plan. The complaint procedures are the same for both plans. INTERNAL COMPLAINT PROCESSING 1. The Civil Rights Coordinator, acting as the Title VI Coordinator, along with the City Manager, will review the complaint upon receipt to ensure that all information is provided, the complaint meets the 180 day filing deadline and falls within the jurisdiction of the City and follow the procedures as outlined in Title Two of the City Code. 2. The Civil Rights Coordinator will then investigate the complaint. If the complaint is against the Civil Rights Coordinator or the City Manager, then the Mayor and/or City Council or its designee will investigate the complaint. Additionally, a copy of the complaint will be forwarded to the City Attorney. 3. If the complaint warrants a full investigation, the complainant will be notified in writing by certified mail. This notice will name the investigator and/or investigating agency. The City will also notify the Iowa Department of Transportation Office of Employee Services /Civil Rights. 4. The party alleged to have acted in a discriminatory manner will also be notified by certified mail as to the complaint. This letter will also include the investigator's name and will request that this party be available for an interview. 5. Any comments or recommendations from legal counsel will be reviewed by the Title VI Coordinator. 6. Once the Iowa Department of Transportation Office of Employee Services /Civil Rights is notified of City of Iowa City finding concerning the complaint, the City will adopt a final resolution. 7. All parties will be properly notified of the outcome of the Iowa Department of Transportation Office of Employee Services /Civil Rights Opportunity report. If the complainant is not satisfied with the results of the investigation of the alleged discriminatory practice(s), she/he shall be advised of their right to appeal the City's decision. Appeals must be filed within 180 days after the City of Iowa City's final resolution. Unless new facts not previously considered come to light, reconsideration of the City's determination will not be available. The foregoing complaint resolution procedure will be implemented in accordance with the Department of Justice guidance manual entitled "Investigation Procedures Manual for the Investigation and Resolution of Complaints Alleging Violations of Title VI and Other Nondiscrimination Statutes," available online at http://www.usdoi.gov/crt/cor/Pubs/manuals/complain.html. CITY OF IOWA CITY TITLE VI COMPLAINT FORM This form may be used to file a complaint with the City of Iowa City based on violations of Title VI of the Civil Rights Act of 1964. You are not required to use this form, a letter that provides the same information may be submitted to file your complaint. Complaints must be submitted within 180 calendar days Name: Street Address: City: State: Date: Zip: Telephone: (home) (work) Individual(s) discriminated against, if different than above (use additional pages if needed). Name: Street Address: City: State: Date: Telephone: (home) Please explain your relationship with the individual(s) indicated above: Name of agency and department or program that discriminated: Agency or department name: Name of Individual (if known): Address: City: Date(s) of alleged discrimination: Date discrimination began State: Zip: Zip: Last or most recent date (work) ALLEGED DISCRIMINATION: Please describe as clearly as possible the acts of discrimination providing the name(s) where possible of the individuals who allegedly discriminated (if applicable) or services in violation of the 1964 Civil Rights Act, its amendments, and related Acts. (Attach additional sheets if necessary and provide a copy of written material pertaining to your case). Signature: Date: Note: The City of Iowa City prohibits retaliation or intimidation against anyone because that individual has either taken action or participated in action to secure rights protected by policies of the City. Please inform the Civil Rights Coordinator if you feel you were intimidated or experience perceived retaliation in relation to filing this complaint. TITLE VI CONTRACT LANGUAGE During the performance of this contract, the contractor, for itself, its assignees, and successors in interest, (hereinafter referred to as the "contractor ") agrees as follows: 1. Compliance with Regulation The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21 (hereinafter referred to as the Regulations), as they may be amended from time to time, herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The contractor, with regard to the work performed during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection of and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in 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. " Solicitation for Subcontracts, including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a subcontract, including the procurement of material for leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractors shall provide all information and reports required by the Regulation or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City of Iowa City, Iowa Department of Transportation or appropriate Federal Agency to be pertinent to ascertain compliance with such Regulation, orders and instructions. Where any information required of a contractor is in exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Iowa Department of Transportation or the appropriate Federal Agency as needed, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Iowa City shall impose such contract sanctions as the Iowa Department of Transportation may determine to be appropriate, including, but not limited to: • Withholding of payments to the contractor under contract until the contractor complies, and/or • Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporations of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor or procurement as the City of Iowa City, Iowa Department of Transportation, or appropriate Federal Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. r 1 TYOF IOWA CI TITLE VI RIGHTS E CIVIL OF 1964 Compliance Plan September 2011 City of Iowa City City Hall 410 East Washington Street Iowa City, Iowa 52240 -1826 Phone: (319) 356 -5000 http: / /www.icgov.org CITY OF IOWA CITY TITLE VI POLICY STATEMENT The City of Iowa City assures tha no person shall, on the grounds of r e, color, national origin, or sex as provided by Title VI of th Civil Rights Act of 1964, the C' it Rights Restoration Act of 1987 (P.L. 100.259), and the Fed al -Aid Highway Act of 197 e excluded from or participation in, be denied the benefit of, or be otherwise subje ed to discrimination under any program or activity. The City of Iowa ity furthe/anda y effort will be made to ensure nondiscrimination in all of its committee prograies, regardless of the funding source. The City of Iowa City will include Title VI 1 guen agreements and bid notices and will monitor compliance. The City Engineer and Civil Rights CoordinatA 6 the City of Iowa City will be responsible for initiating and monitoring Title VI activities, d all ther responsibilities as required. Ronald R. Knoche, City Engineer Stefanie Bowers, Civil Rjhts Coordinator Date Date Matthew J. Haye , r Date This policy s adopted at a regular City Council meeting held on TITLE VI\AUTHORITIES Title VI of 1 4 Civil Rights Act provides that no person in the United States shall, on the grounds of race color, national origin, or be excluded from participation in, be denied th benefits of, or be they vise subjected to discrimination under any program or activity ceiving federal assistance . ection 162a of the Federal -Aid Highway Act of 1973 (codifie t 23 U.S.C. §23) requires that th e be no discrimination in FWHA funding on the ground o ex. Implementing regulati s can be found at 23 CFR 200.9 and 49 CFR 21. The Civil Rights Restorat' n Act of 1987 broadened the scope of Title V coverage by expanding the definition o erms "programs or activities" to include a programs and activities of Federal Aid recipients, su ecipients, and contractors, whether s programs and activities are federally assisted or not (P lic Law 100 -259 {S.557} March , 1988). COORDINATOR RESPONSIBI`1t,ITES The City Engineer and the Civil Righ Coordinator are implementation and the day to day adm istration of the City Engineer is also responsible for imp menting, mgf compliance with the Title VI regulations. GENERAL RESPONSIBILITIES A. Public Dissemination 2" onsible for ensuring the ity of Iowa City's Title VI Plan. The toring, and ensuring the City's The City of Iowa City will disseminate Tit VI Pro am information to City's employees, sub - recipients, and contractors, as well a he general ublic. Public dissemination may include posting of public statements, inclusion Title VI lang ge in contracts, and announcements of hearings, and meetings in minority ne spapers when det ined necessary and funding is available. B. Prevention of Discrimin ion Procedures will be implement to detect and eliminate discrimi tion when found to exist, including, but not limited to, ' sues of accessibility of training to a qualified City employees, utilization of Minority /Wo en/Disadvantaged Business Enterprises BE) contractors, public involvement and material cquisition. C. Annual Report The City Engineer wi be responsible for insuring an annual report is prepar by August 1St of each year and submi ed to Iowa DOT by September 1 st of each year. The rep will review Title VI accomplis ents and goals for the upcoming year. D. Remedia Action The City of Io a City will actively pursue the prevention of any Title VI deficiencies or violations and Wll take the necessary steps to ensure compliance through a program revie the program administrative requirements. If irregularities occur in the administration of the ns operation, procedures will be promptly implemented to resolve Title VI issues and to writing remedial action agreed to be necessary, all within a period not to exceed 90 Iowa IT will be notified of any complaint filed at the City of Iowa City involving issues, 4d any resolution. FILING ACOMPLAINT Applicability The complaint rocedures apply to the beneficiaries of the City of Iowa ty's programs, activities, inclu 'ng but not limited to: the public, contractors, sub -co actors, consultants, employees and of er sub - recipients of federal and state funds. Eligibility If any individual, grou or individuals, or entity believes tha ey or any other program beneficiaries have been ubjected to discrimination prohib' ed by Title VI nondiscrimination provision as a recipient o benefits and/or services, or o e grounds of race, color, national origin, or sex, they may ex cise the right to file a co laint with The City of Iowa City. Every effort will be made to resolv complaints informally t the agency, recipient and /or contractor level. Title VI complaints may be filed wi • City of Iowa City • Iowa Department of Transp< • Federal Highway Administr, • U.S. Department of Transpo In all situations, City of Iowa C employeesust contact the City Engineer and /or the Civil Rights Coordinator immediate) upon receipt o Title VI or related statutes complaints. Complaints must be filed n later than 180 days a er: • The date of the all ged act of discrimination; or • The date the per n became aware of the alleg d discrimination; or • Where there h been a continuing course of dis riminatory conduct, the date on which the conduct w s discontinued. Complain/soffice in writing, and must be signed by the c \Title d /or the complainant's representa complaint must set forth as fully as poss and circumstances surroundinmed discrimination. A Title VI t form is available at the City Engineerhe Civil Rights Coordinat during normal business hours. The DOansportation Administr approved a policy entitled "Iowa City TI Plan," which mirrors this plan. The complaint procedures are the same for both COMPLAINT PROCESSING 1. The 1kivil Rights Coordinator, acting as the Title VI Coordinator, along with th ity Manag r, will review the complaint upon receipt to ensure that all informati is provide the complaint meets the 180 day filing deadline and falls withi e jurisdiction of the Cit 2. The Civil Rig is Coordinator will then investigate the complaint. the complaint is against the Civi ights Coordinator or the City Manager, then e Mayor and/or City Council or its des nee will investigate the complaint. Additi ally, a copy of the complaint will be fo arded to the City Attorney. 3. If the complaint warran a full investigation, the com ainant will be notified in writing by certified mail. This no 'ce will name the investi or and/or investigating agency. The City will also notify the owa Department of ansportation Office of Employee Services /Civil Rights. 4. The party alleged to have acted in discrim' atory manner will also be notified by certified mail as to the complaint. is le er will also include the investigator's name and will request that this party be ava le for an interview. 5. Any comments or Coordinator. legal counsel will be reviewed by the Title VI 6. Once the Iowa Depa/tmen ransportation ffice of Employee Services /Civil Rights is notified of City of investigative re ort findings, the City will adopt a final resolution. 7. All parties will be prfied of the outcome f the Iowa Department of Transportation Offic yee Services /Civil Ri is Opportunity report. 8. If the complaina is not satisfied with the results of the vestigation of the alleged discriminatory actice(s), she/he shall be advised of their ight to appeal the City's decision. Ap als must be filed within 180 days after the y of Iowa City's final resolution. nless new facts not previously considered came o light, reconsideration of the City's termination will not be available. The foregoing c mplaint resolution procedure will be implemented in acc rdance with the Department of ustice guidance manual entitled "Investigation Procedures an al for the Investigation d Resolution of Complaints Alleging Violations of Title VI d Other Nondiscrim' ation Statutes," available online at httn://www.usdoi . vov /crt /cor /Pubs /manuals /complain.html. CITY OF IOWA CITY TITLE VI ASSURANCES The City of Io City (hereinafter referred to as the "Recipient "), HEREBY AG ES THAT as a condition to rec iving any federal financial assistance from the United States epartment of Transportation, it 11 comply with Title VI of the Civil Rights Act of 1964 ereinafter referred to as the "Act "), an d 11 requirements imposed by or pursuant to Title 49, ode of Federal Regulations, Departme t of Transportation Subtitle A, Office of the Se etary Part 21, Nondiscrimination in Fe erally Assisted Programs of the Departme of Transportation — Effectuation of the Title of the Civil Rights Act of 1964 (herei fter referred to as the "Regulations "), and other p tinen t directives, to the end that in ccordance with the Act, Regulations, and other pertin \tdirectives, no person in the U ited States shall, on the grounds of race, color, sex, or nationan, be excluded from part' ipation in, be denied the benefits of, or be otherwise subjected crimination under any rogram or activity for which the Recipient received federal fi1 assistance, and; HEREBY GIVES ASSURANCE T T, it will pr9fttly take any measures necessary to effectuate this agreement. This assura ce is requ' ed by Subsection 21.7(a) (1) of the Regulations. THIS ASSURANCE, is given in /by federal grants, loans, contracts, p after the date hereof to the RecipiHighway or Transit Program, and transferees, successors in interestProgram. The person or persons assurance on behalf of the Recipi Ronald R. Knoche, City Stefanie Bowers, Civil Rights Coordinator of and for the purpose of obtaining, any and all ants or other federal financial assistance extended )artment of Transportation under Federal ityrea�ppear ther recipients, sub - grantees, contractors, an in the Federal Aid Highway or Transit below are authorized to sign this Date Date CITY OF IOWA CITY TITLE VI COMPLAINT FORM This form may be sed to file a complaint with the City of Iowa City based on viola ' ns of Title VI of the Civil Righ Act of 1964. You are not required to use this form, a letter at provides the same information ay be submitted to file your complaint. Complaints m be submitted within 180 calendar day Name: Street Address: City: \diffe ate: Telephone: Individual(s) discriminated against, than c Name : Street Address: City: State: Telephone: /(he) Please explain your relationship wividual(s) i Name of agency and dE Agency or department Name of Individual (if Address: City: Date(s) of Date discr: Zip: / (work) (use additional pages if needed). Date: or program that discriminated: discrimination: n began State: Zip: above: Last or most recent .(work) ALLEGED DISCRIMINATION: Please des The as clearly as possible the acts of discrimination providing the name(s) where possible of t e individuals who allegedly discriminated (if applicable) or services in viol on of the 1964 Civi Rights Act, its amendments, and related Acts. (Attach additional sheqg if necessary and Signature: a copy of written material pertaining to your case). Note: The City of Iowa een ty prohibits retaliation or intimid individual has either t action or participated in action of the City. Please in rm the City Manager if you feel you perceived retaliatio in relation to filing this complaint. Date: on against anyone because that secure rights protected by policies �re intimidated or experience TITLE VI CONTRACT LANGUAGE During the perform ce of this contract, the contractor, for itself, its assignees, and succe ors in interest, (hereinafter ferred to as the "contractor ") agrees as follows: 1. Compliance wit Regulation The contractor shal comply with the regulations relative to nondiscri nation in federally assisted pro rams of the Department of Transportation (he inafter referred to as DOT), Title 49, Co of Federal Regulations, part 21 (hereina r referred to as the Regulations), as they m be amended from time to time, herei ncorporated by reference and made a part f this contract. 2. Nondiscrimination The contractor, with regard tot work performed dur' g the contract, shall not discriminate on the grounds of ra e, color, sex, or na onal origin in the selection of and retention of subcontractors, include g procurement f materials and leases of equipment. The contractor shall not participate 'ther directly or indirectly in discrimination prohibited by Section 21.5 of the Reg lations, i cluding employment practices when the contract covers a program set forth in A pend' B of the Regulations. 3. Solicitation for Subcontracts, including Pry-urement of Materials and Equipment In all solicitations either by competitive iddi g or negotiations made by the contractor for work to be performed under Ys ntract, cluding the procurement of material for leases of equipment, each potencontracto or supplier shall be notified by the contractor of the contractor's os under th contract and the Regulations relative to nondiscrimination on the gro race, color, ex, or national origin. 4. Information and Reports The contractors shall proviy all information and reports equired by the Regulation or directives issued pursuant ereto, and shall permit access its books, records, accounts, other sources of informat' nand its facilities as may be det fined by the City of Iowa City, Iowa Department Transportation or appropriate Fede 1 Agency to be pertinent to ascertain compliance th such Regulation, orders and instruct ns. Where any information required f a contractor is in exclusive possession o an who fails or refuses to furnish thi information, the contractor shall so certify t the Iowa Department of Transportation o the appropriate Federal Agency as needed, an shall set forth what efforts it has made o obtain the information. 5. Sanctions for N In the event o the contractor's noncompliance with the nondiscrimination rovisions of this contract, the City of Iowa City shall impose such contract sanctions as tN Iowa to: of Transportation may determine to be appropriate, including, but not lii • Wit olding of payments to the contractor under contract until the ontractc com ies, and/or • Cance ation, termination, or suspension of the contract, in w Ole or in part. 6. Incorporations o"rovisions The contractor shall 'nclude the provisions of paragraphs (4) through (5) in every subcontract, includin rocurement of materials and le es of equipment, unless exempt by Regulations or direc fives issued pursuant thereto. he contractor shall take such action with respect to an subcontractor or procure ent as the City of Iowa City, Iowa Department of Transports 'on, or appropriate Fe ral Agency may direct as a means of enforcing such provisions, i cluding sanctions or noncompliance. City of Iowa City MEMORANDUM DATE: September 1, 2011 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: City Title VI Compliance Plan — September 6th Agenda Title VI of 1964 Civil Rights Act provides that no person in the United States shall, on the grounds of race, color, national origin, or be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal assistance. Section 162a of the Federal -Aid Highway Act of 1973 (codified at 23 U.S.C. §23) requires that there be no discrimination in FWHA funding on the ground of sex. Implementing regulations can be found at 23 CFR 200.9 and 49 CFR 21. The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of terms "programs or activities" to include all programs and activities of Federal Aid recipients, sub - recipients, and contractors, whether such programs and activities are federally assisted or not (Public Law 100 -259 {S.557} March 22, 1988). The Iowa DOT informed staff in July that the City is required to approve a Title VI Compliance Plan. Staff has worked with the Iowa DOT to develop this plan. With the approval of this plan, the City will remain eligible to receive federal aid through the Federal Highway Administration and the Iowa DOT. Staff recommends Council approve the City Title VI Compliance Plan. cc: Rick Fosse, Public Works Director �► A ®I�4 CITY OF IOWA CITY MEMORANDUM =1i Date: August 29, 2011 To: Tom Markus, City Manager From: Marcia Bollinger, Neighborhood Services /Public Art Coordinator Re: Grant Wood Neighborhood Art Resolution and Contract Introduction: On September 6, the City Council will be asked to authorize a resolution to approve a contract with Jill Harper to coordinate the Grant Wood Neighborhood Art project which will comprise of two — 8 foot pillars decorated with glass mosaics and mirror highlights to enhance and make more visible the entranceway to the South Sycamore Greenway Trail located on Lakeside Drive right across from the Grant Wood school. History /Background: The Iowa City Public Art Advisory Committee developed the Neighborhood Art Project as a way of focusing Public Art Program funding into the neighborhoods of Iowa City. The committee recommended adoption of the program to the City Council of Iowa City at their March 11, 2003 meeting. The City Council approved that recommendation by adopting Resolution No. 03 -85. Since that time, six neighborhood associations have participated in the Neighborhood Art project; Goosetown (geese street markers) Northside (house street markers), Longfellow (historic markers and trail artwork), Wetherby (park shelter railings, globe reliefs and "wethervane ") and Washington Hills (mosaic bench and plinths). The Neighborhood Art project was the only major program retained by the City Council when the annual appropriation for the Public Art program was reduced from $50,000 to $14,750 in 2009. $10,000 of that annual budget is targeted to the Neighborhood Art project. The Grant Wood Neighborhood Association began discussions regarding the Neighborhood Art project in 2009. They were interested in working with Jill Harper, who was working on the Washington Hills project because she was a neighborhood resident and they felt her enthusiasm to encourage the youth of the neighborhood to become involved very much reflected their mission as a neighborhood association. After considering a number of locations and visions for the art project, a Grant Wood Neighborhood Art Committee, comprised of 6 -8 neighborhood residents chaired by Steve Rackis, chose the concept of mosaic covered pillars to enhance the trail entranceway. Recommendation: The Public Art Advisory recommends by motion at the May 5, 2011 meeting that the City Council approve a resolution approving a contract with Jill Harper to coordinate the Grant Wood Neighborhood Art project as described in the Proposal attached. Funds for this project ($10,000) were carried over from FY11 into the Public Art program fund (1000 — 456100) which currently has a balance of $28,797.00. Prepared by: Marcia Bollinger, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -, RESOLUTION NO. t 1 -3o2 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE GRANT WOOD NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art program provides for investment in public art annually; and WHEREAS, the City Council of Iowa City approved the original concept of focusing Public Art Funds on Neighborhood Art projects at their March 11, 2003 meeting by adopting Resolution No. 03 -85; and WHEREAS, the Iowa City Public Art Advisory Committee approved the general concept of the Grant Wood Neighborhood Art proposal at their meeting of May 5, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement between the City of Iowa City and the artist Jill Harper for coordination of the design, fabrication and installation of the Grant Wood Neighborhood Art Project, a copy of which is attached hereto, is hereby approved as to form and content. 2. Funds for this project have been budgeted and are available in the Public Art Program budget #456100. 3. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 6th day of September , 20_U—. ATTEST: CITY ERK neighbor /res /grantwood- pubart.doc MAYOR Ap ®veil City Atto ey'sp"ffi e Resolution No. 11 -302 Page 2 It was moved by Mims and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: x x x x x x —x wpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright CITY OF IOWA CITY PUBLIC ART PROGRAM GRANT WOOD NEIGHBORHOOD ART PROJECT AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on September 6.2ol lbetween the City of Iowa City, hereinafter referred to as the OWNER, and Jill Harper, hereinafter referred to as the ARTIST. The OWNER shall be the Director of the Department of Planning and Community Development or his /her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the OWNER, on the recommendation of the COMMITTEE and after neighborhood input, has accepted the proposal for the Grant Wood Neighborhood Art Project created by the ARTIST and hereinafter referred to as the ART WORK, for 2 mosiac covered pillars that will be located on either side of the entrance to the South Sycamore Greenway Trail on Lakeside Drive. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "PROPOSAL "). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTIST shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and consultation on the installation of the ART WORK at the site. b. The ARTIST shall at all stages of execution, fabrication and installation coordinate their work with the OWNER. 1.2 Execution of the Work a. The ARTIST shall furnish the OWNER a tentative schedule for completion of fabrication and installation of the ART WORK, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER. After written approval of the schedule by the OWNER, the ARTIST shall fabricate and transport the ART WORK in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER and the ARTIST. b. The OWNER shall have the right to review the ART WORK at reasonable times during the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in accordance with the schedule provided for in Section 1.2 (a). c. The ARTIST shall complete the fabrication and work with OWNER to ensure installation of the ART WORK in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the ART WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the site of the ART WORK which affects installation, scheduling, site preparation or maintenance for the ART WORK or the concept of the ART WORK as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST agrees to notify the OWNER, no fewer than (15) fifteen days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery time, location, installation and agent designated by the OWNER. b. OWNER shall consult with the ARTIST on the installation of the completed ART WORK at the sites in compliance with the schedule approved pursuant to Section 1.2 (a). 1.4 Post Installation a. The ARTIST shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. b. Upon installation of the ART WORK, the ARTIST shall provide to the OWNER written instructions for appropriate maintenance and preservation of the ART WORK. 1.5 Final Acceptance a. The ARTIST shall advise the OWNER in writing when all services in Sections 1.1 through 1.4 have been completed in substantial conformity with the Proposal. b. The OWNER shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK. c. Final acceptance shall be effective on one of the two dates, whichever occurs earlier: (1) the date of the OWNER'S written notification to ARTIST of final acceptance; or, (2) the 30th day after receipt by OWNER of written notice given by ARTIST under Section 1.5 (a) unless prior to the expiration of the 30 day period, OWNER gives the ARTIST written notice specifying and describing the services which have not been completed. 1.6 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until final acceptance. 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST himself or by any subcontractor or by anyone directly or indirectly employed or utilized by ARTIST. b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of their performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.8 Title Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay a fee not to exceed Ten Thousand Dollars ($10,000) as the total of all costs included in the proposal (Exhibit A) which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST, suppliers or subcontractors under this agreement. The total contract amount as detailed in Exhibit A, Ten Thousand dollars ($10,000), shall be paid directly to the ARTIST as follows: a. $5000.00 within thirty (30) days after execution of the contract by all parties b. $5000.00 within thirty (30) days after acceptance by OWNER of one of the mosaic pillars Article 3. Time of Performance 3.1 Duration The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the ART WORK as proposed by the ARTIST and approved by the OWNER pursuant to Section 1.2, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the OWNER. 3.2 Site Delays If, when the ARTIST completes fabrication or procurement of the ART WORK in accordance with the approved schedule and notifies the OWNER that the ART WORK is ready for installation, the ARTIST is delayed from installing the ART WORK within the time specified in the schedule as a result of the site not being sufficiently prepared to permit installation of the ART WORK, the OWNER shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the ART WORK. 4 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTIST'S services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall survive for a period of five years after the final acceptance of the ART WORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK). Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5.1, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns a royalty -free, 5 irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and /or non - commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: — [ARTIST'S NAME], date of completion. 5.3 Credit to OWNER The ARTIST shall use best efforts to give a credit reading substantially, "an original ART WORK owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the ART WORK. 5.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the ART WORK in the ARTIST'S name. Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (b). 6.3 Alteration of the Work or of the Site a. Except as provided under subsection 7.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the ARTIST. b. The OWNER reserves the right to alter the location of the ART WORK; relocate the ART WORK to another site; and remove the ART WORK from public display. The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it is the parties' understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the ART WORK. The ARTIST acknowledges that this provision shall qualify under 17 U.S. C. Section 113, (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the ART WORK may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the ART WORK, the ARTIST agrees to file the records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the ART WORK. 6.4 Permanent Record. The OWNER shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. Nothing contained in this Agreement is intended to, or shall be construed as, creating or establishing the relationship of employer /employee between the OWNER and ARTIST. The OWNER shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the ARTIST is an independent Contractor. Article 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain approval from the OWNER prior to hiring any subcontractor. If the OWNER does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER. Article 9. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate, specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the OWNER'S option become its property, provided that no right to fabricate or execute the ART WORK shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished and unfinished related art works. Notwithstanding the 7 previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the OWNER from the ARTIST is determined. Article 10. Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. Article 11. General Terms 11.1. The ARTIST shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the performance of the Project, subject to the terms of Section 8.2 of the Agreement. 11.3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request to the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and files. 11.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance. 11.5 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 11.6 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by OWNER. 11.7 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject Ei matter hereof that are not merged herein and superseded hereby. Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST Jill arper OWNER Matthew Hayek, Mayor ATTEST Maria K. Karr City Clerk EXHIBIT "A" Grant Wood Neighborhood Proposal for Neighborhood Art Project Jill Harper Updated on 8/16/11 harperJillgiccsd.kl2.ia.us (319) 621 -2513 Introduction The proposed neighborhood art project for the Grant Wood Neighborhood consists of an artwork which would be installed at the entranceway to the South Sycamore Greenway Trail near Fairmeadows Park, facing the Lakeside Drive trail entrance, directly across the street and viewable from Grant Wood School. Designs would be created in colorful glass mosaic murals based on themes of the neighborhood, such as the prairie and wetlands, Grant Wood history, Safety Village, soccer field, neighborhood diversity, and other ideas to be determined by residents of the neighborhood. The sculptures would consist of two -8 ft. tall, 2 ft wide (above ground) upright concrete pillars, flat on four sides and capped with a cone shape, tapering for 1 foot at the top of each pillar. The pillars will be covered on all sides with mural work and patterns in glass mosaic, including mirror highlights to catch the light and bring attention to the trail entranceway. The designs for the two pillars would be based on designs created by Jill Harper, along with the assistance from high school students in the area, particularly involving students who reside in the Grant Wood Neighborhood. The mosaic work for the pillars would be created over the course of the 2011 -12 school year during the fall /winter months at an off -site location (City High School Art Room) on a portable, Plexiglas surface. The cement work of the pillar structure will be installed by a partnering company in the spring of 2012. Jill Harper and the participating students will then affix the mosaic surfaces to the cement structures in the spring /summer of 2012. Each section of the mosaic would accredit the student artist with their name incorporated into the mosaic. Rationale The goal in creating the work is to get youth involved in taking ownership and pride in their neighborhood/community and to provide an opportunity for youth to be engaged in extracurricular activities, and to break down barriers between youth and other community members by giving youth the experience of working together towards a common, community -based goal. Students who attend City High will be able to receive Silver Cord volunteer hours for their work. Over the course of the 2011 -12 school year, high school -aged youth will work with Jill Harper and other community members to design and create the 2D mosaic works on Plexiglas board, to be drilled in place on the cement pillars in the spring /summer of 2012. These designs will in place on 4 individual sides of the pillars, grouted and smoothed, along with the names of students who designed the work. The pillar size would be 8ft high, visible from the street, to draw attention to the trail entrance, with footing below the frost line.* The cement for each pillar would be professionally poured from a uniform mold. * footing length of pillars to be determined Estimated Timeline September, 2011: • Initial meeting for student involvement, City High School • Weekly meetings for working on project established. Students will work on drawing designs through the course of August- September • Materials for project purchased October- 2011: • Drawing plans for pillars completed • Concept artist (Jill Harper) will present final plan drawings to Grant Wood Neighborhood Association November 2011 -May 2012 • Begin working on mosaic work with students at City High School May 1, 2012: • Deadline for cement bases to be poured and installed in park May -June 2012 • Installation of mosaic work on pillars (drilled and secured Plexiglas) • Grout techniques applied • Any grinding/smoothing of glass deemed necessary • Direct method installation of mosaic work on pillar caps Proiect Costs The total amount of the project, including the pillar mold creation and installation, all materials including mosaic glass, mirror, glues grout and constructions tools and the artist stipend will not exceed $10,000.00. $5000.00 is requested upon execution of the contract so materials can be purchased. The final payment of $5000 will be requested upon completion of the project. /�4? r I Prepared by Sarah Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 11 -303 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY AIRPORT COMMISSION REGARDING THE DIVISION AND USE OF FUNDS GENERATED FROM THE SALE OF PARCELS IN AVIATION COMMERCE PARK NORTH. WHEREAS, the City Council for the City of Iowa City ( "City ") and the Iowa City Airport Commission ( "Commission ") have reached a mutual agreement and understanding regarding the use of funds generated from the sale of parcels in Aviation Commerce Park North; and WHEREAS, it is in the public interest to memorialize such agreement and understanding for the benefit of current and future Commissions and Councils as well as airport users. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest an Agreement between the City of Iowa City, Iowa and the Iowa City Airport Commission regarding the division and use of funds generated from the sale of parcels in Aviation Commerce Park North, said Agreement being attached hereto and incorporated herein as Exhibit "A ", and said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. Passed and approved this 6th day of 4Pptamber , 20_11 - ATTEST: CIT LERK Resolution No. 11 -303 Page 2 It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: X x X x x x x wpdata/g 1 ossary/res ol ution -ic. doe NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY AIRPORT COMMISSION REGARDING THE DIVISION AND USE OF FUNDS GENERATED FROM THE SALE OF PARCELS IN AVIATION COMMERCE PARK NORTH WHEREAS, The City Council for the City of Iowa City ( "City ") and the Iowa City Airport Commission ( "Commission ") have reached a mutual agreement and understanding regarding the use of funds generated from the sale of parcels in Aviation Commerce Park North; and WHEREAS, it is in the public interest to memorialize such agreement and understanding for the benefit of current and future Commissions and Councils as well as airport users; NOW, THEREFORE, the City and the Commission, as parties to this agreement, hereby agree as follows: From the current remaining balance of funds received from prior sales of Aviation Commerce Park North parcels, $100,000 will be set aside to establish a Maintenance Contingency Reserve fund for the maintenance of Airport facilities. Seventy percent (70 %) of the net proceeds from the sale of each remaining Aviation Commerce Park North parcel will be applied to retirement of outstanding debt on existing Airport Hangars I, F, K, and H. With the remaining thirty percent (30 %) of the sale proceeds, the Commission will use a portion to establish and replenish the Maintenance Contingency Reserve fund. Also with the remaining 30 %, the Airport Commission may consider needs that might arise from pending grant submissions with the Federal and /or State governments. • If no grants are pending, then the remaining sale proceeds will be paid toward Hangar I • If a grant decision is pending, the Commission may hold those proceeds until the grant decision is rendered by the granting agency. These decisions generally are known within a few months. At that time, it would be determined if adequate funds were secured from the funding agency to complete any proposed projects. If adequate funds were secured on the grant, then again, the remaining sale proceeds would be applied toward the debt on Hangar I. If adequate funds were not secured, then in consultation with the City Manager, it would be determined if the remaining 30% sale proceeds held by the Airport Commission are sufficient to use all or part of the funds to ensure proposed project completion. Any remaining funds not required for the grant project would be applied to Hangar 1 debt. • Once Hangar I debt is retired, the same procedure will repeat for Hangars F, K, and H. In the event one or more of the unsold Aviation Commerce Park North parcels is leased rather than sold, revenue from the lease will be subject to the same 70 %/30% allocation as provided above, and will be used for the same stated purposes. The current practices for: 1) providing matching funds for Airport Capital Improvement Grants as provided by Resolution 90 -95, "Resolution Adopting Iowa City Airport Capital Improvement Grant Policy" (attached); and 2) inclusion of matching fund requests for major federally funded Capital Improvements Program (CIP) projects; will remain in effect. City of Iowa City By: '�s-- Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Sarah/airport/city commn agt re use of funds from lot sales final.docx Iowa City Airport Commission rr Minnetta Gardinier, Chairperson r CITY OF IOWA CITY ►�� IM . 19 -Siz MEMORANDUM Date: August 30, 2011 To: Tom Markus, City Manager From: Dale He Ilin g, Assistant City Manager Re: Agreement Regarding Division and Use of Funds from the Sale of Aviation Commerce Park North Parcels Introduction: The Airport Commission wishes to earmark a portion of the revenue from the sale of land in Aviation Commerce Park North to accelerate payment on outstanding hanger debt. History /Background: As of February 28, 2011, there was approximately $1.5 million outstanding debt on Hangers F, H, I and K at the Iowa City Airport with expected payoff occurring on dates between 2030 and 2043. At the same time, there remains unsold land in the Aviation Commerce Park North development which will potentially generate $2.5 million in additional revenue as lots are sold. Last Spring Council met with the Airport Commission at which time it was agreed that a strategy would be developed for dedicating part of the revenue from ACP North to accelerate the retirement of debt currently outstanding on four existing airport hangers. Staff was directed to complete a draft agreement for Airport Commission and Council approval. Discussion of Solutions: The agreement before Council provides that 70% of the net proceeds from the sale of remaining parcels in ACP North will be applied toward repayment of existing hanger debt. The remaining 30% may be used as matching dollars for Federal or State grant funded projects. If no such projects are contemplated, all or part of the remaining 30% could also be applied to debt retirement. This arrangement will assist in retiring the debt on the aforementioned hangers in a more timely fashion. The Airport Commission has voted to approve the terms of this agreement. Recommendation: Staff recommends that Council approve the agreement. �I Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 - 319 - 356 -5041 RESOLUTION NO. 11 -304 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean -up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on October 13, 2011. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until October 13, 2011 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Res. No. 11 -304 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 6th day of September , 2011. Approved by ATTEST: // Sri• ESL Sig Cam" �S �' �( Clty� City Attorney /s Office It was moved by Wright and seconded by Mims the Resolution be adopted, and upon roll call there was: AYES: NAYS: ABSENT: x_ Bailey _x Champion x Dickens g Hayek x Mims x Wilburn y Wright sue \Ord &Res\AbateRes.doc Mw W 0 °o 0 � M N fA � N M U) W 2 O O O O co r o N N ` N 06 N 0 0 W W O O z z U LL w U_ Z U Z J Y O O O O p O C4 n N (V W H3 � n O O O m N M O '7 N LL O O O zo M >Z ° r 0 r O J ~ J Z z O O p �_ o �o Q F� w ¢ ° w U) w w O a w Q o w z Oj N August 26, 2011 Name Address City, State, ZIP Dear Property Owner: Exhibit B =� r `1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org This is to notify you that the City Council will be considering a resolution on September 6, 2011 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean -up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. You may recall petting a letter earlier regarding this property and process in June of this year but due to a publication error the procedure needs to be reinitiated. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact my office at 356- 5043. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division- w /enc.