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HomeMy WebLinkAbout2019-07-16 ResolutionItem Number: 6.b. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT July 16, 2019 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 Anderson -Bogert Engineers & Surveyors, Inc. to provide engineering consultant services for the Melrose Avenue / IWV Road — Highway 218 to Hebl Avenue Improvements Project. Prepared By: Brett Zimmerman, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $788,029 for engineering services will be funded through account #'s S3936 and W3220 Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Agreement Executive Summary: This agenda item approves the consultant agreement with Anderson -Bogert Engineers & Surveyors, Inc. of Cedar Rapids, Iowa, for services related to the Melrose Avenue / IWV Road — Highway 218 to Hebl Avenue Improvements Project. This project generally includes the following: 1. Widening the road from a 22 -foot wide pavement section with no shoulders to a 34 - foot wide pavement section which will include (2) 12' travel lanes, 5' wide paved shoulders, and 3' wide granular shoulders. This roadway cross-section will allow for one lane of travel in each direction (12 -foot travel lanes), and the use of the paved shoulder as a bicycle lane (5 -foot width) in each direction. Including additional width of pavement will reduce long term roadway edge maintenance and provide access and extension of bicycle facilities to areas west of Iowa City, including adjoining communities along this county road. 2. Culvert structures will also be replaced as a result of widening the roadway surface. Grading required with roadway widening will include improvements to safety with traversable slopes and guardrail improvements. 3. Extension of the City's water main along Melrose Avenue/IWV Road from Slothower Road to Hebl Avenue, and along Hebl Avenue to the Landfill. Water main improvements will include approximately 8,500 feet of water main. The consultant agreement includes full design and construction phase services. The City will be responsible for 50% of the total consultant fee, which amounts to $394,014.50. The remaining balance will be covered by Johnson County in accordance with the 28E agreement approved for this project. Background /Analysis: Melrose Avenue / F46 (I WV Road) from Highway 218 to Hebl Avenue is a roadway with common interest and responsibility, and is an important link for the residents of the County and the City. This roadway is in need of improvements to serve current and anticipated future transportation needs. The County and the City have entered into an agreement to share engineering design, construction management and construction costs associated with these improvements. The project scope will include, but not necessarily be limited to, grading, excavation, drainage structures, utility relocations, water main extension, paving, erosion control and other general elements associated with rural roadway improvements. Project Timeline: Design — 2019 Utilities — 2020 Construction - 2021 ATTACHMENTS: Description Location Map Resolution Agreement Division 1 Exhibit A Improvments to Melrose Avenue/F46 (IWV Road) From Highway 218 to Hebl Ave Document Path: 0:\Office\Secondary_Roads\Adam F\IWV Jurisdictions 2019 m F46 (IWV RD SW) RA=I J.b Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 Resolution No. 19-176 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 Anderson -Bogert Engineers & Surveyors, Inc. to provide engineering consultant services for the Melrose Avenue / IWV Road — Highway 218 to Hebl Avenue Improvements Project Whereas, Melrose Avenue / F46 (IWV Road) from Highway 218 to Hebl Avenue is an important link for the residents of the County and the City, is a roadway with common interest and responsibility, and is in need of improvements to serve current and anticipated future transportation needs; and Whereas, the City and County have agreed to the terms for which costs for design and construction of the Melrose Avenue / IWV Road - Highway 218 to Hebl Avenue Improvements Project shall be shared; and Whereas, the City of Iowa City desires the services of a consulting firm to prepare plans and specifications, to prepare and administer the necessary property acquisitions, and to provide construction administration services for the Melrose Avenue / IWV Road - Highway 218 to Hebl Avenue Improvements Project; and Whereas; the City has issued a Request for Proposals for consultant services for the Melrose Avenue / IWV Road - Highway 218 to Hebl Avenue Improvements Project; and Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with Anderson -Bogert Engineers & Surveyors, Inc. to provide final plans and specifications, and to prepare plats and administer property acquisitions; and Whereas, the City of Iowa City wishes to retain Anderson -Bogert Engineers & Surveyors, Inc. for construction phase services, which shall be negotiated upon completion of the final design for the Melrose Avenue / IWV Road - Highway 218 to Heb] Avenue Improvements Project; and Whereas, it is in the public interest to enter into said Consultant Agreement with Anderson -Bogert Engineers & Surveyors, Inc.; and Whereas, funds for this project are available in the Melrose Avenue Improvements account # S3936 and the Melrose - Landfill Watermain Extension account # W3220. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Resolution No. 19-176 Page 2 Passed and approved this 16th day of July 2019 Attest: iq Clerk It was moved by Aims adopted, and upon roll call there were: Ayes: M or Approved by City Attorney's Office '711e and seconded by Teague the Resolution be Nays: Absent: Cole Mims x Salih Taylor Teague Thomas Throgmorton CONSULTANT AGREEMENT MELROSE AVENUE IMPROVEMENTS PROJECT THIS AGREEMENT, made and entered into this day of , 2019, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the CITY and Anderson -Bogert Engineers & Surveyors, Inc., of Cedar Rapids, IA, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY has executed a 28E agreement regarding the reconstruction of Melrose Avenue, also called IWV Road outside the city limits, from Highway 218 to Hebl Avenue; and WHEREAS, pursuant to the 28E agreement, it is the CITY's responsibility to execute any and all necessary contracts for the design and construction of all divisions of the project, including this Consultant Agreement; and WHEREAS, project improvements generally include widening the road from a 22 -foot wide pavement section with no shoulders to a 34 -foot wide pavement section which will include (2) 12' travel lanes, 5' wide paved shoulders, and 3' wide granular shoulders. This roadway cross- section will allow for one lane of travel in each direction (12 -foot travel lanes), and the use of the paved shoulder as a bicycle lane (5 -foot width) in each direction. Including additional width of pavement will improve both vehicle safety, reduce long term roadway edge maintenance and provide access and extension of bicycle facilities to areas west of Iowa City including adjoining communities along this county road; and WHEREAS, culvert structures will also be replaced as a result of widening the roadway surface. Grading required with roadway widening will include improvements to safety with traversable slopes and guardrail improvements; and WHEREAS, the project will also extend the CITY's water main along Melrose Avenue/IWV Road from Slothower Road to Hebl Avenue and along Hebl Avenue to the Landfill. Water main improvements will include approximately 8,500 feet of water main; and WHEREAS, the CITY applied for and was awarded a Surface Transportation Block Grant (STBG) by the Iowa Department of Transportation (DOT) to improve this corridor; and WHEREAS, the CITY issued a Request for Proposals for engineering and construction phase services for the design and construction of these improvements; and WHEREAS, the CITY's consultant selection committee selected Anderson Bogert for these services based on qualifications and experience; and 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. -2 - SCOPE OF SERVICES CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. PRELIMINARY DESIGN a. Kickoff Meeting — The CONSULTANT will schedule a project kickoff meeting with the CITY and the Iowa DOT to discuss the project, requirements, schedule and review frameworks by each entity. The meeting will be held at City Hall. b. Utility Research and Coordination — The CONSULTANT will perform office research to gather information pertaining to existing utilities in the project area. In addition, inquiry will be made with the CITY and other utility companies regarding the future needs and plans in the project area. The CONSULTANT will also research underground utility locations with the various property owners and utility companies and plot their locations on the base map. Utilities to be researched include field tiles, storm sewer, electric, gas, water, telephone, cable television and fiber optic lines. The CONSULTANT shall closely coordinate with utility companies that are located within the project limits. The procedures outlined in Iowa DOT I.M. 3.640 will be closely followed. This includes notifying utility companies of the upcoming project, sending preliminary plans and final plans, organizing up to two (2) utility coordination meetings with all the utility companies in attendance, reviewing utility relocation plans and permits, staking of right-of-way and/or utility easements, and coordination during the relocation process. Based on previous phases of IWV Road reconstruction that were completed by Johnson County Secondary Roads Department there is a private, unspecified width, gas line easement on the north side of IWV Road/Melrose Avenue that contains an abandoned gas main pipe which contains Verizon Wireless fiber lines. Extra effort and coordination with Verizon Wireless will need to be made in determining the horizontal and vertical location of the utility. This will likely involve recording depths of the pipe while locating the horizontal location in conjunction with utility locate staff. Depths will be verified with locate equipment and/or hand probing. If it is later determined that utility potholing is necessary, this will be considered extra work. If it is determined that relocations are necessary, the CITY will work with Verizon Wireless in creating an agreement to relocate their facilities outside of the proposed grading limits. The CONSULTANT will assist with coordinating these efforts as needed. c. Public Outreach - The CONSULTANT will conduct one-on-one public outreach meetings with property owners that live on Melrose Avenue/IWV Road or have property adjacent to Melrose Avenue/IWV Road to gather input on desired public corridor improvements and discuss the construction phasing and access to their properties. There appear to be 10 different property owners/governmental facilities along the project limits. -3 - The CONSULTANT plans to meet at least once with each property owner/governmental facility management staff. It is anticipated that half of the property owners will need a second meeting for a total of 15 meetings. CONSULTANT shall draft press releases for publication by the CITY as deemed appropriate. CONSULTANT anticipates drafting one press release at the beginning of the project prior to beginning field work such as the geotechnical work, which will require closing a lane of traffic. CONSULTANT also anticipates drafting a press release after Final Plans have been submitted notifying the public when construction will approximately start. By this time, the bid letting date and construction start date will be identified. There are several properties that are accessed from Hurt Road and Slothower Road. CONSULTANT shall draft and mail up to 2 separate letters to each property owner on these roads. These letters will be similar to the press releases, but tailored in a more personal format and focused on access to their properties during construction. Several of the parcels are either crop fields or pasture ground. The CONSULTANT will ask the property owner to obtain the tenants' contact information. d. Review Design Standards — The CONSULTANT will review all design standards applicable to the development of the project. Coordination with the appropriate utilities is required in order to accommodate all facilities impacted by the project. e. Design Surveys — The CONSULTANT will perform field surveys to establish vertical and horizontal control points tied to the CITY's datum. Johnson County Secondary Roads Department will provide supplemental existing surface data obtained in 2013. At that time, a helicopter scanned the ground surface and recorded data from about 1000 feet east of Slothower Road past Hebl Avenue. This supplemental surface information will be used where possible. Surface elevations will be checked with field survey elevations. The quality of the final survey shall be sufficient for the design and construction of the project. The CONSULTANT will research property records to establish the locations of existing property lines, right-of-way lines and property ownership for the properties affected by the project and incorporate this data into the base map. f. Base Map Preparation — The CONSULTANT will prepare base maps showing the information collected in the Utility Research and Design Survey tasks of the Preliminary Design. Existing ground contours and topographic information will be shown as required by the limits and detail of the preliminary design of the proposed facilities. The scale of the information will be suitable for the CITY's required detail. The plan sheets will be 11 "x17" plans. g. Preparation of Concept Statement — In accordance with the Iowa DOT Federal -Aid Project Development Guide, the CONSULTANT shall complete the Concept Statement using the Iowa DOT template. The Concept Statement shall be based on the preferred concept and shall include the cost estimate and associated information required in the form. This will be submitted to the CITY for review and subsequent submittal to the Iowa DOT. h. NEPA Clearance — (To be completed by sub consultant, Braun Intertec Corporation, or equally qualified sub consultant). The following scope of services is based on the assumption that this project will receive a Categorical Exclusion (CE) according to the National Environmental Policy Act (NEPA). This means the project will not have a significant effect on the environment. If it is later determined that this project will have a significant impact to the environment or the impact is not clearly established, an Environmental Impact Statement (EIS) or Environmental Assessment (EA) will need to be completed. Work needed to completed an EIS or an EA is not part of this scope of services and will be considered extra work. The schedule and fee will be adjusted accordingly. Wetland Delineation — A wetland delineation will be conducted using methods of the Corps of Engineers 1987 Wetland Delineation Manual and the Midwest Region Regional Wetland Delineation Manual. These methods are recognized as the appropriate means to determine the location and extent of wetlands for purposes of the Federal Clean Water Act. Wetland boundaries will be recorded using a Global Positioning System (GPS) unit with sub -meter accuracy, and boundaries will be marked in the field with labeled pin flags and flagging. The results of the wetland delineation will be shown in a wetland delineation report. This report is designed to satisfy the requirements of state and federal agencies for wetland determinations. The report will consist of a narrative, wetland delineation data sheets, background information (topography, soils, and aerial photographs), site photographs, and a map of delineated wetlands. A draft of the wetland report will be submitted electronically to the CITY for review. Upon approval, the report will be finalized and then submitted electronically to regulatory agencies along with an application requesting a jurisdictional determination. This task includes telephone and email correspondence with local, state and federal agencies to facilitate their review of the wetland delineation, as appropriate. Before making a determination, they have the right to request an onsite meeting to review the findings of the wetland delineation. For purposes of this scope of work, it is assumed that an onsite meeting will not be required. If a regulatory agency requests an onsite meeting to review the wetland delineation, this will be considered additional work. ii. Wetland Permitting - It is anticipated that stream and wetland crossings will require a permit, therefore the CONSULTANT will prepare a Corps of Engineers permit application for a Section 10/404 permit. It is assumed that a Nationwide Permit (NWP) will be required. Additional scope may be necessary if a Corps Letter of Permission or Individual Permit is needed. However, it is expected that an NWP will be the appropriate -5 - Corps permit. Design drawings and wetland impact figures will be required and prepared for a permit application. If wetland mitigation is required, the CONSULTANT will identify mitigation options and locate an appropriate mitigation bank. However, this scope does not include the cost of mitigation credits or onsite mitigation. iii. Wildlife, Wildlife Habitat, and Endangered Species — The CONSULTANT will complete a desktop review of state and federally listed threatened and endangered species and query state and federal databases for potential listed species in the area. A field survey of habitat and land cover will be conducted at the same time as the field work for the wetland delineation. Possible impacts to protected species and mitigation measures will be assessed. A memo describing findings and recommendations for additional action (if needed) will be prepared. It is expected that the project will not impact state or federally listed species, and an incidental take permit will not be required. iv. Cultural Resources — (To be completed by sub consultant, Tallgrass Historians, L.C. , or equally qualified sub consultant) A Phase I Intensive Archaeological Investigation will be completed by the CONSULTANT. The proposed investigation will involve intensive pedestrian surface survey of all cultivated field portions of the proposed road improvement corridor and systematic subsurface testing (shovel testing) of all grass/brush covered areas of the corridor that have archaeological potential. This will include an evaluation of any potential direct and indirect impacts to the Johnson County Poor Farm and Asylum Historic District, which is listed in the National Register of Historic Places. The subsurface tests will be placed at intervals of no greater than 15 meters along the pinpointed areas of the corridor, reducing to no greater than 10 meters to test any archaeological sites encountered along the corridor. Any archaeological sites discovered will be evaluated for potential eligibility in the National Register of Historic Places. The results of the Phase I investigation will be summarized in a report that adheres to the guidelines for Phase I investigations as revised and approved in November 2018 by the Association of Iowa Archaeologists. Water System — Water main will be extended from the existing terminus at Slothower Road, along Melrose Avenue/IWV Road, to the south on Hebl Avenue, and ending at the Iowa City Landfill. The CONSULTANT will provide information to the CITY as needed for the CITY to prepare any necessary DNR permits for new water main. The construction documents will include plan, profile, standard details, any special details as required by local project conditions, quantity estimates, specifications, bid items, bid item descriptions, and other miscellaneous details to provide documents suitable for bidding and constructing the water main improvements. CONSULTANT also anticipates meeting with CITY Water Department staff up to two times to discuss the design and project conditions. Drainage System — The project currently has several roadway culverts (circular and box) that will be removed and replaced. A full drainage analysis will be completed using a combination of existing Lidar surface contours and proposed surface information. The culverts will be designed according to the Iowa DOT Design Manual. k. Geotechnical Investigation and Report - (To be completed by sub consultant, Braun Intertec Corporation, or equally qualified sub consultant). Site Access, Staking, and Utility Clearance - Based on a cursory review of aerial photos, it appears that the site is generally accessible to a drill rig. Coordination with private landowners will be necessary if access onto private property is necessary. Care will be taken to minimize disturbance of private property, but the field exploration may result in some property damage (e.g. track ruts and damage to crops) to obtain access to drilling locations. Reasonable measures will be taken to reduce damage and repair ruts as best as possible. Restoration to its original condition may not be possible and is not part of this scope of services. The CONSULTANT will work with the property owners to restore the property to a reasonable condition. Boring locations may need to be revised or eliminated if the access through private property will likely result in significant or irreparable damage. The boring locations will be staked using a hand-held GPS unit. Coordinates and elevations for boring locations will be obtained based on available topographic information. Depending on access requirements, ground conditions or potential utility conflicts, the exploration locations may be altered from those that are staked to facilitate accessibility. The Iowa One Call System policy requires borings be staked prior to the utility locate. Prior to drilling or excavating, Iowa One Call will be contacted for notifying the appropriate utility vendors to mark and clear the exploration locations of public underground utilities. Locating private utilities that are not covered under the Iowa One Call system is not a part of this scope of services. If there are private utilities in the area, a private utility locator should mark the utilities prior to beginning work. A lane closure will be necessary to complete the fieldwork. Traffic control will consist of traffic cones, "Road Work Ahead" signs, and flaggers. Iowa DOT Standard Road Plan TC -212, Spot Location Closure with Flaggers, or other applicable traffic control Standard Road Plans, will be followed for traffic control. Field work and traffic control will be coordinated with the CITY. Press releases will be issued by the CITY anytime traffic is impacted. ii. Standard Penetration Test Borings — A total of thirty two (32) standard penetration test borings will be completed. Twenty (20) of these borings will be drilled at 400 foot intervals along Melrose Avenue to depths of approximately 15 feet below existing grade. Twelve (12) borings will be drilled near proposed culvert replacements/extensions to depths of approximately 15 feet below existing grade. Standard penetration tests (SPT) or thin-walled tube sampling will be performed at 2'/2 -foot vertical intervals to a depth of about 10 feet, and at 5 -foot intervals at greater -7 - depths. If groundwater is encountered in the boreholes, the depth where it is observed will be recorded on the boring logs. If subsurface conditions that merit revisions of the boring and/or sampling programs described above, the scopes of services, schedule, and fee may need to be revised. The CONSULTANT shall obtain approval from the CITY prior to beginning any work outside of this scope of services. iii. Borehole Abandonment — Following the completion of drilling and water level measurements, the borings will be backfilled with soil cuttings from the drilling process. Borings drilled through existing pavements will be patched with asphaltic concrete ("cold patch"). iv. Sample Review and Laboratory Testing — Soil samples will be visually classified and logged by the geotechnical engineering staff. To help classify the materials encountered and estimate their engineering properties, a laboratory testing program will be developed depending on the soils encountered. It is anticipated that the lab testing program could include moisture content, density determinations, and unconfined compressive strength tests. All laboratory testing will be performed in accordance with ASTM or AASHTO standards. v. Reporting — The results of the field and laboratory programs will be evaluated to determine soils impacts to slope stability and settlement of the proposed roadway improvements. Based on the results of our evaluation, an engineering report will be prepared that details the results of the exploration performed and addresses the geotechnical issues affecting this project. The Scope of Services includes the following: 1. Summary of the subsurface conditions encountered 2. Stability analysis for deep fills and critical cut areas (estimated 3 analysis locations potentially affecting right-of-way) 3. Settlement analysis for deep fill areas to determine paving delays 4. Subgrade preparation and pavement thickness recommendations. 5. General discussion of the geotechnical aspects pertaining to the design and construction of the roadway improvements and culvert replacements. Preliminary Plan Preparation (30% Plans) — Once the Categorical Exclusion environmental clearance has been received, the CONSULTANT will utilize the base maps prepared in the Base Map Preparation task to prepare preliminary plans in compliance with the plan requirements of the Iowa DOT. The plans will be in substantial compliance with the project concept. The plan sheets will be prepared in accordance with requirements to provide plans suitable for the Iowa DOT bid letting process. Sheets will be plotted at 11"x`17" and must maintain legibility and utilize typical civil drawing scales. Also included in this task will be the following: i. Preliminary plan and profiles for the proposed improvements. ii. Preliminary typical cross sections for the proposed improvements. iii. Plan view alignments for water and drainage improvements. iv. Provisions which may be necessary to accommodate future construction of the corridor such as the relocation of existing utilities or modification of existing connections. v. Identify constraints or conflicts that affect the anticipated cost of the proposed facilities as set forth in the concept plan. vi. Plan enlargements as required, showing the removals and proposed construction, including modifications to approach pavements and adjoining roadway pavements. vii. Preliminary storm water pollution prevention plan. viii. Preliminary striping and signage plan. ix. Update the construction cost opinion and evaluate compared to project budget. m. Submittal to CITY — The CONSULTANT will prepare plans and a construction cost opinion for submittal to the CITY for review. The submittal will be complete such that the plans may be reviewed as "Preliminary Plans" by the CITY for ultimate submittal to the Iowa DOT. When submitting preliminary plans to the CITY, the plans' sheet size will be 11 "x17". This submittal will be made on or before the date established in the project schedule. n. 60% Plan Preparation for Right -of -Way Acquisitions — While Iowa DOT is reviewing the Preliminary Plans, the CONSULTANT will continue with design efforts to develop 60% plans. 60% plans are not required to be submitted by Iowa DOT. However, it is important to complete the design further along than the 30% Preliminary Plans in order to determine right-of-way needs. The right- of-way plats and easement exhibits will be based on these plans. These plans will include: i. Intersection details. ii. Plan and profiles of water mains and drainage improvements. iii. Preliminary traffic control and construction phasing plan. The plan will include provisions for temporary access to adjacent properties during construction as necessary. iv. Special details. v. Detailed cross sections. vi. Right-of-way acquisition plans. FINAL DESIGN a. Check Plan Preparation (90% Plans) — The CONSULTANT will prepare check plans, which will include the comments from the Iowa DOT and the CITY review of the preliminary and 60% plans. The plan sheets will generally include the following as applicable for this project: i. Typical Sections ii. Quantity Estimate and References iii. General Notes iv. Plan and Profile Sheets v. Right-of-way Acquisition Plans vi. Control Points and Alignment Information vii. Storm Sewer Plans viii. Water Main Plans ix. Guardrail Sheets (if needed) x. Traffic Control and Construction Phasing Plan xi. Storm Water Pollution Prevention Plan xii. Jointing Detail Plan xiii. Intersection Detail Plans xiv. Erosion Control Plan xv. Permanent Striping and Signage Plan xvi. Construction Details xvii. Detailed Cross Sections xviii. Special Provisions for Iowa DOT bid letting format b. Construction Cost Opinion — The CONSULTANT will prepare a construction cost opinion and budget review based on the check plans as submitted. c. Submittal to CITY — The CONSULTANT will prepare plans, special provisions and a construction cost opinion for submittal to the CITY for review. The submittal will be complete such that the plans may be reviewed as "Check Plans" by the CITY for ultimate submittal to the Iowa DOT. This submittal will be made on or before the date established in the project plan. d. Quality Review by Design Team — The CONSULTANT will perform a field review regarding the quality of the design completed. Issues such as property owner concerns, coordination with utility companies and other agencies, and the maintenance aspects of the facilities will be considered while making the review. The input from a contractor will be included when appropriate. The accuracy and completeness of documents will also be scrutinized in order to minimize the need for modifications to the design. Any necessary modifications will be included in the documents following the quality review by the designer. e. Final Plan Preparation (100% Plans) — The CONSULTANT will incorporate the comments of the CITY and the Iowa DOT staff review of the plans in order to prepare "Final Plans". These will be completed and submitted on or before the date established in the project plan. f. Right-of-way and Easements — CONSULTANT shall prepare legal descriptions and plats necessary for the CITY to acquire any temporary construction easements, utility easements, or right-of-way required for construction of the project. (right-of-way and easement acquisitions to be completed by sub consultant, JCG Land Services, Inc., or equally qualified sub consultant) The right-of-way and easement acquisitions include the following scope of services: Obtain record of property ownership and lien certificates for all the parcels that are expected to be acquired or encumbered by an easement to identify current ownership. The Notice of Public Hearing and Statement of Property Owner's Rights will be mailed to all property owners and contract purchasers. If requested, the CONSULTANT and its sub consultants will participate in the public hearing to explain the acquisition process. -10 - iii. Prepare offers of compensation based current fair market value of similar property in the vicinity of the project. If the proposed acquisition for any parcel is complicated and/or estimated to exceed $25,000, the CONSULTANT will recommend the services of an experienced Eminent Domain Appraiser to prepare the appraisal products for the CITY. This will be considered extra work. iv. Acquisition Process - Forms of transfer documents and purchase agreements will be submitted to the CITY for approval and acceptance. Where applicable, preparation of Warranty Deeds and the closing process for the conveyance of fee ownership interests will be the responsibility of the CITY's attorney, or other attorney to comply with state law. The CONSULTANT shall make a good faith effort to negotiate the purchase of the land, or interests in the land, needed for the project. Contacts will be made with the property owners, tenants and/or their legal representative to explain the effect of the acquisition, answer questions, and make written offer to acquire the property. In the event, the property goes to condemnation, the CITY attorney shall begin the condemnation preparation. v. Closing Process - The CONSULTANT shall organize and verify data for each parcel file's closing and payment process and return the parcel file data to the CITY for payment processing and the closing process. vi. Relocation Assistance - It is assumed that no relocation assistance is necessary and therefore is not included in the scope of services. If deemed necessary, this will be considered extra work. vii. Condemnation Support - In the event condemnation should become necessary, parcel files will be provided to the CITY. Attending the condemnation meetings is not included in the scope of services and is therefore considered extra work. DESIGN SERVICES PROJECT MANAGEMENT a. Tracking and Project Schedule — The CONSULTANT will provide monthly updates of the project plan. The status of the plan will be presented at the monthly project review meetings. If the project is not on schedule, the CONSULTANT will present its approach for bringing the project back on schedule. b. Project Review Meetings — CONSULTANT shall meet with the CITY's project manager to review progress and to discuss specific elements of the project design. The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various stakeholders, improve the decision-making process, and expedite development. CONSULTANT shall prepare minutes of said meetings and maintain documentation of other communications. For budgeting purposes, it is assumed that the meetings will be attended by two (2) members of the CONSULTANT. The following meetings are included within the scope of services: • Preliminary Plans — one (1) meeting with CITY Project Manager to review Preliminary Plans and comments by CITY -11- • 60% Plans — one (1) meeting with CITY Project Manager to review 60% Plans and comments by CITY • Check Plans — one (1) meeting with CITY Project Manager to review Check Plans and comments by CITY • One (1) additional meeting has been included for miscellaneous purposes BIDDING AND CONTRACT AWARD The Iowa DOT will administer the construction bidding. The CITY and Iowa DOT will coordinate in awarding the project contract. The CONSULTANT will be available to address questions and prepare addenda during the bidding process. The CONSULTANT shall review the bids and make a recommendation to the CITY as to award of the contract. CONSTRUCTION SERVICES Construction Observation a. On-site Observation — The CONSULTANT shall provide onsite observation personnel to observe construction methods, coordinate field-testing of materials incorporated into the project, prepare written reports that document compliance or noncompliance of the construction in accordance with the Contract Documents and the Iowa DOT Instructional Memorandum and Construction Manual, and otherwise make reasonable efforts to guard the CITY against defects and deficiencies in the work of the contractor(s) and determine if the provisions of the Contract Documents are being fulfilled. b. Progress Meeting — Schedule and coordinate biweekly progress meetings to be attended by the CITY's designated project manager and Contractor personnel to review and document the progress of the work, issues to be resolved, schedule status, upcoming work, and coordination with adjacent property owners. c. Pay Estimates — Work with the Contractor to determine the quantities and classification of work completed and the amount owed to the Contractor based on observations and review of Contractor's pay request. Cosign completed pay estimate with CITY's designated Project Manager. d. Interpretation/Extra Work Orders — Provide the Contractor with interpretations and clarifications of the Contract Documents and draft extra work orders as appropriate. Consult with design engineer where necessary. Cosign extra work orders with CITY's designated Project Manager. e. Coordination — Work with Construction Contractor to keep adjacent property owners, affected utility companies, and the CITY's designated Project Manager apprised of the status and schedule for completion of the work. Project Construction Report — Maintain documentation of quantities of work completed, materials installed, locations installed by date and station range, and -12 - progress of project in accordance with Iowa DOT standard policies and procedures. Prepare daily diary of construction activities and weekly report of working days. g. Final Review and Project Close -Out — Conduct a walk through field review in the company of the CITY's designated Project Manager and designated Iowa DOT representatives to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable. Recommend final payment to the Contractor. Assemble final project documentation and certifications, and attend the project audit. h. Record Construction Drawings — The CONSULTANT will prepare a set of reproducible drawings showing noted significant changes made during construction based on observations, construction notes, inspection reports, or other data provided to the CONSULTANT by CITY. The drawings will be supplied in a pdf format as well as AutoCAD files compatible with AutoCAD version 2015 or higher. Construction Administration a. Construction Meetings — Conduct a preconstruction meeting attended by Contractor, and utility companies following award of construction contract. Also attend biweekly construction progress meetings. The progress meetings shall be attended by the CITY's designated project manager and Contractor personnel to review and document the programs of the work, issues to be resolved, schedule status, upcoming work, and coordination with adjacent property owners. In addition to the progress meetings, a "Pre Pour" meeting will be held prior to paving the concrete roadway. This is to ensure the contractor has submitted all appropriate mix designs, materials certifications, maturity curves, materials testing is scheduled, and a discussion on access to properties and notices given to property owners, schedule, and the contractor's overall plan to pave the trail. Meetings with individual property owners is also expected. CONSULTANT shall meet with property owners along the project during the course of construction to develop solutions for issues that may arise out of the construction process (e.g. erosion problems, temporary drainage issues, unexpected damage to property, access issues, etc.) It is anticipated up to 4 meetings with individual property owners will be required. b. Public Involvement — In addition to the preconstruction meeting, a public information/project kickoff meeting will be held with the Contractor, CITY Staff, Iowa DOT Staff, and project stakeholders (property owners, tenants, businesses, etc.) in attendance. The intent of the meeting is to provide a smooth handoff between the design team and the contractor and provide an opportunity for the contractor and stakeholders to meet, exchange contact information, review the contractor's project schedule, and review property owner concerns. The CONSULTANT shall organize and host the meeting. -13 - The project is expected to take several months to complete. Property owners and the general public will need to be periodically updated with the construction progress and schedule. An initial mailing will be sent out to all stakeholders inviting them to attend the public information/project kickoff meeting. After the initial mailing, monthly construction updates will be sent to the mailing list compiled from the public info/project kickoff meeting. Periodic press releases will also be published on the CITY website. Up to 4 press releases will be published during key phases of construction. c. Shop Drawings and Materials Certifications — Review shop drawings, materials certifications, samples, and other data, which the Contractor is required to submit, but only for conformance with design concept of the Project and conformance with the information given in the Contract Documents. Evaluate substitute materials and equipment proposed by the Contractor. d. Periodic Site Visits — Make periodic visits to the site at intervals appropriate to the various stages of construction as the CONSULTANT deems necessary to assist in assessing the progress and quality of the various aspects of the Contractor's work, to assist in determining, in general, if such work is proceeding in accordance with the Contract Documents, and to assist with interpretations and clarifications of the Contract Documents. e. Pay Estimates — Assist onsite observation personnel in determining the quantities and classification of work completed and the amount owed to the Contractor and submit pay vouchers to the CITY's Project Manager in such amounts. Such recommendations of payment will constitute a representation to the CITY, based on such observations and review that the work has progressed to the point indicated, and that, to the best of the CONSULTANT's knowledge, information, and belief, quality of such work is generally in accordance with the Contract Documents. Davis -Bacon payroll review — Review contractor submitted weekly payrolls for conformance with the Davis -Bacon wages bid with the project. Includes reviewing each payroll, employee classification, wage rate, fringe benefits, and notifying the prime contractor of any conflicts between the bid wage rates and the rates included in the submitted payrolls. g. Interpretation/Extra Work Orders — Assist onsite observation personnel with interpretation and clarifications of the Contract Documents, and in connection therewith, prepare and submit extra work orders to the CITY's Project Manager for submittal to DOT. h. Project Management — Schedule staff, review progress, and prepare monthly invoices for services provided. Assist with final audit and project closeout paperwork. SURVEY a. Monument Preservation — Reestablish all property corners along the project corridor damaged or removed during construction and prepare required -14 - monument preservation certificates. This shall apply to property corners that were found during the initial topographic survey and boundary determination. Previously missing property corners will not be reset. LIMITATIONS OF RESPONSIBILITIES/AUTHORITY CONSULTANT's onsite observation and periodic visits to the site will provide for the CITY a degree of confidence that the completed work of the Contractor will confirm generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the Contractor. During such onsite observation and periodic site visits, the CONSULTANT will not supervise, direct or have control over the Contractor's work nor shall the CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction elected by the Contractor, for safety precautions and programs incident to the work or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor fundraising and performing his work. During such onsite observation and periodic site visits the CONSULTANT may disapprove of or reject the Contractor's work while it is in progress if the CONSULTANT believes that such work will not produce a completed project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. Onsite observation and periodic visits to the site provided by the CONSULTANT as part of services during construction under this Agreement shall not make the CONSULTANT responsible for, nor relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not make the CONSULTANT responsible for, nor relieve the construction contractor(s) of the full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s), and for all safety precautions incidental thereto. ADDITIONAL SERVICES The following items are specifically excluded from the Scope of Services, but could be added at a future date by amendment to this Agreement executed in writing prior to performance of such additional service, if it is determined during the course of the project that these services are required. a. Detailed structural analyses or design of any concrete box culverts. If concrete box culverts are used, said box culverts shall be standard Iowa DOT precast concrete box culverts. -15- b. Detailed environmental services if a Categorical Exclusion determination is not made; c. Virtual tour of corridor improvements. d. All other items specifically noted within the Scope of Services. e. Construction materials testing. Testing of materials incorporated into the project, plant inspections and testing, and other field testing required by the Contract Documents but not specified to be the Contractor's responsibility will be coordinated under this agreement, but provided under a separate contract that the CITY has for these services. f. Design modifications during construction, if any, warranted during construction will be obtained under a separate agreement or as directed. -16 - II. TIME OF COMPLETION The CONSULTANT shall complete the following phases of the project in accordance with the schedule shown. PROPOSED SCHEDULE: Task Start Finish Contracting 03/08/2019 07/16/2019 Notice to Proceed 07/17/2019 Project Kickoff Meeting 07/24/2019 -- Concept Statement 08/01/2019 09/02/2019 Environmental Review (Wetlands and Wildlife) 08/01/2019 09/02/2019 Cultural Resources Review 08/01/2019 09/26/2019 Topographic Survey and Boundary Retracement 08/01/2019 09/02/2019 Utility Coordination and Relocations 08/01/2019 Utility Research (Notification Letters, Maps, Locates, Depths) 08/01/2019 09/02/2019 Send Preliminary Plans to Utility Companies 10/21/2019 Utility Coordination Meeting 11/04/2019 Review Utility Relocation Plans and Utility Permits 11/25/2019 12/30/2019 Review Relocation Compensation Agreements (Verizon) 11/25/2019 12/30/2019 Relocate Utilities 02/01/2020 11/20/2020 Geotechnical Borings and Report 08/01/2019 09/23/2019 Submit for 404 Permit (Initiates SHPO Review) 09/02/2019 10/09/2019 Preliminary Plans (Submit to CITY 2 weeks prior) 09/02/2019 10/20/2019 60% Plans (To tie down right-of-way needs) 09/02/2019 12/15/2019 Right-of-way Plats and Acquisitions 01/02/2020 09/04/2020 Right-of-way Plats 01/02/2020 01/31/2020 Right-of-way Appraisal and Negotiations 02/03/2020 09/04/2020 Condemnation Hearings 07/01/2020 09/04/2020 Check Plans (Submit to CITY 2 weeks prior) 02/13/2010 08/18/2020 Final Plans (Submit to CITY 2 weeks prior) 08/18/2020 09/22/20202 Bid Letting By Iowa DOT) 12/15/2020 -- Construction 04/01/2021 11/30/2021 Note the above schedule follows the Iowa DOT Instructional Memorandum I.M. 3.005, Project Development Submittal Dates and Information. The schedule is subject to reviews and approvals and or additional requirements that may be imposed by the Iowa DOT as part of the Federal Aid process. 17 - Note the schedule is dependent on several factors such as when the contract is approved, timely review of submittals and returning comments by the CITY and the Iowa DOT, and receipt of environmental clearance. 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. 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 S� 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. 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. 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 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. -19 - IV. COMPENSATION FOR SERVICES The CITY shall compensate the CONSULTANT for services rendered under this Agreement. Compensation shall be on a time and expense basis. The standard rates are those rates set forth in the attached "Rates for Professional Services". The fee, including all time and expenses, shall not exceed $788,029.00. FEE ESTIMATE: Task Fees Anderson Bogert Project Meetings / Updates $25,000 Topographic and Boundary Survey $35,000 Acquisition Plats and Right-of-way Coordination Assistance $35,000 Concept Statement and Preliminary Plans $65,000 Check Plans $95,000 Final Plans and Bid Documents $42,500 IDNR Permit Applications (Water and NPDES) $6,500 Utility Coordination $21,000 Public Involvement $8,500 Bidding Assistance $3,500 Construction Services (see Exhibit A - Resource Allocation) $342,000 Geotechnical Borings and Report $21,000 Wetland Delineation/Environmental Review $21,000 Phase I Intensive Archaeological Investigation $9,999 Right-of-way Acquisition $57,030 Total Estimated Not -to -Exceed Fee: $788,029 Assumptions: • The Construction Services fee is based on an 8 -month construction period that occurs during one construction season in 2021. • Seeding will be 70% established by 11/30/2021; therefore, not requiring NPDES storm water inspections thereafter. -20 - The CONSULTANT shall submit invoices monthly. A complete invoice shall, at a minimum, contain the following information: • Project name and contract number; • Contract value information including the following: Total contract value; Total value of previous invoices; Total value of current payment due; Total remaining contract value following the current payment; • A statement of the services rendered during the billing period; • A statement of the hourly rate at which the services are billed; and • A statement of the progress of the completion of the scope of services. 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. C. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. -21- FORTHE ITY By: / 8�' — Title: Mayor Date: 07/16/19 ATTEST:. PWV0MSN W S2gmf.(" FOR THE CONSULTANT I�a .� Title: Principal Date: q Approved by: City Attorney's Office -7 //L/ Date ANDERSON BOGERT - RATES FOR PROFESSIONAL SERVICES* Labor Per Hour EngineerI..................................................................................................................................... $97.00 EngineerII..................................................................................................................................$106.00 EngineerIII.................................................................................................................................$125.00 EngineerIV................................................................................................................................$152.00 EngineerV.................................................................................................................................$174.00 EngineerVI................................................................................................................................$198.00 EngineerVII...............................................................................................................................$235.00 EngineerVIII..............................................................................................................................$246.00 SurveyorI.................................................................................................................................... $77.00 SurveyorII..................................................................................................................................$100.00 SurveyorIII.................................................................................................................................$136.00 SurveyorIV.................................................................................................................................$152.00 ...Survey Field Work (1 man, truck & equipment) ..............................................................$184.00 EngineerTechnician I................................................................................................................$62.00 EngineerTechnician II...............................................................................................................$94.00 Engineer Technician III............................................................................................................$125.00 Engineer Technician IV...........................................................................................................$143.00 Construction Observation I...................................................................................................... $84.00 Construction Observation II...................................................................................................$124.00 Utilities Specialist II....................................................................................................................$124.00 DocumentSpecialist I............................................................................................................... $68.00 Document Specialist II.............................................................................................................. $84.00 Document Specialist III............................................................................................................. $96.00 Document Specialist IV...........................................................................................................$104.00 Public Involvement Specialist I................................................................................................$90.00 Public Involvement Specialist II.............................................................................................$124.00 Materials, Equipment, Reimbursable Expenses Per Each ATV $100.00/day Boat $200.00/day Roll of Flagging $4.00 Flats $1.00 Hubs $1.00 Lath $1.00 Spike & Washer $1.00 Paint $5.00 Pins, Rods $3.00 T -posts $5.00 Galvanized Posts $10.00 Mileage Current IRS mileage rate Rates subject to change. *Rates may adjust July 1 of every year. SUBCONSULTANT - RATES FOR PROFESSIONAL SERVICES Geotechnical Borings and Report & Wetland Delineation/Environmental Review (Braun Intertec Corporation) Labor Principal Scientist ................. Senior Scientist ...................... Staff Scientist ......................... Senior Engineer ..................... Staff Engineer ........................ CADD/Graphics Operator. Environmental Technician II Project Manager .................. Project Assistant .................... Materials, Equipment, Reimbursable Expenses Site Layout and Utility Clearance Flotation Tire Drill Rig and Crew, per hour Unconfined Compression (ASTM D 2166), per sample Moisture Content (ASTM D 2216), per sample Moisture Content and Density (ASTM D 2937) Traffic Control — Days Trimble GeoXH GPS (sub -meter horizontal only), per day Vehicle, per mile Hotel Meals Supplies Per Hour .................................... $150.00 .................................... $130.00 ...................................... $95.00 .................................... $150.00 .................................... $125.00 .................................... $105.00 ...................................... $80.00 .................................... $110.00 ...................................... $70.00 Phase I Intensive Archaeological Investigation (Tallgrass Historians, L.C.) Labor Principal Investigator ................................. Project Archaeologist ................................ Project Associate ....................................... Principal Assistant ....................................... Materials, Equipment, Reimbursable Expenses I -Sites Pro Access / Research Fees / Curation Fees Supplies/shipping Labor Per Each $105.00 $220.00 $100.00 $10.00 $15.00 $1,200.00 $60.00 $0.54 $150.00 $50.00 $45.00 Per Hour ............................................................ $70.00 ............................................................ $44.80 ............................................................ $29.57 ............................................................ $25.98 Right-of-way Acquisition (JCG Land Services, Inc.) Per Each $300.00 $100 Per Hour Principal.....................................................................................................................................$100.00 ProjectManager......................................................................................................................$100.00 AcquisitionSpecialist................................................................................................................. $90.00 Relocation Assistance Specialist............................................................................................. $90.00 Title and Document Specialist.................................................................................................$90.00 GPS Mapping Technician.......................................................................................................$100.00 GIS Management Specialist..................................................................................................$120.00 Materials. Equipment. Reimbursable Expenses Per Each Per Diem $50.00 Mileage @ Current Federal Rate Lodging and expenses Based on actual Outside services Based on actual Exhibit A Melrose Avenue Improvements Resource Allocation -Construction Services Anderson -Bogert Engineers and Surveyors, Inc. June 21. 2019 CONSTRUCTION OBSERVATION TASK TOTALS ENGINEER VIII ENGINEER V ENGINEER III ENGINEER TECH II SURVEYOR IV SURVEY FIELD WORK PUBLIC INVOLVEMENT SPECIALIST II TASK Cost/hour $246.00 $174.00 $125.00 $94.00 $152.00 $184.00 $124.00 a. -f. On-site Observation, meetings, pay estimates, extra work orders, coordination construction reports $ 167,520 1280 80 q. Final Review and Project Close -Out $ 10,000 80 h. As Built Drawings $ 5,000 40 HOURS 1,480 0 0 1400 80 0 0 0 ENGINEERING SUBTOTAL $182,520.00 $0.00 $0.00 $175,000.00 $7,520.00 $0.00 $0.00 $0.00 CONSTRUCTION ADMINISTRATION TASK a. Construction Meetings $ 21,080 20 90 4 b. Public Involvement $ 12,034 4 32 10 16 22 c. Shop Drawings and Material Certificatons $ 20,880 120 d. Periodic Site Visits $ 16,704 96 e. Pay Estimates $ 9,396 54 f. Davis -Bacon payroll review $ 4,176 24 q. Interpretation/Extra Work Orders $ 38,160 8 208 h. Project Management $ 29,928 172 HOURS 880 32 796 14 16 0 0 22 ENGINEERING SUBTOTAL $152,358.00 $7,872.00 $138,504.00 $1,750.00 $1,504.00 $0.00 $0.00 $2,728.00 SURVEY TASK a. Monument Preservation $ 7,104 8 32 HOURS 40 0 0 0 0 8 32 0 ENGINEERING SUBTOTAL $7,104.00 $0.00 $0.00 $0.00 $0.00 $1,216.00 $5,888.00 $0.00 PAYMENT DUE CONSULTANT FOR SERVICES IN EXHIBIT A SHALL NOT EXCEEDI $341,982.00 Item Number: 6.c. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT July 16, 2019 Resolution authorizing the procurement of three (3) ADAAccessible Vehicles for the Transportation Services Department. Prepared By: Darian Nagle-Gamm; Director of Transportation Services June Nasby, Buyer I I Reviewed By: Geoff Fruin; City Manager Fiscal Impact: $312,957 from the Transit fund Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: On July 2nd, consideration will be given to a resolution to purchase three (3) ADA accessible vehicles for the provision of paratransit services. The total cost of the procurement is $312,957 with the City being responsible for $208,638 while grant funding will cover $104,319. Funding is available in the operating budget in the transit replacement reserve fund 7151-71810280 (FY19 and FY20). Background /Analysis: While the City contracts paratransit services, it is responsible for procuring and maintaining the paratransit fleet. Due to population growth and an increased demand for services, the most recent 5 -year paratransit contract with Johnson County SEATS calls for two expansion vehicles to be purchased in FY19 and FY20. Iowa City was recently awarded Federal Transit Administration funds to replace vehicle 810, which has reached the end of its useful life. The Council has indicated a desire to electrify the transit fleet. There are multiple companies offering heavy-duty electric buses, but no company offers light-duty electric paratransit vehicles at this time. We have recently become aware of a company that offers a kit to convert traditional gasoline powered paratransit vehicles into battery -powered hybrid electric vehicles, similar to how a Toyota Prius or other hybrid vehicle operates. Stated fuel reductions are in the 25% range. Staff is reaching out to gather more information on the devices, which could be a potential retrofit for the City's paratransit fleet to reduce fuel consumption and emissions. ATTACHMENTS: Description Resolution b, C, Prepared by: Darian Nagle-Gamm; Director of Transportation, 1200 S. Riverside Drive, Iowa City, Iowa 52246 (319)356-5156 Resolution No. 19-177 Resolution authorizing the procurement of three (3) ADA Accessible Vehicles for the Transportation Services Department Whereas, the City of Iowa City is required by the Federal Transit Administration to provide complementary paratransit services; and Whereas, the City of Iowa City contracts with Johnson County Seats to provide paratransit services within the community; and Whereas, the most recent 5 -year contract calls for the City to procure two (2) expansion vehicles with local funds due to increasing population and demand for services; and Whereas, the City received Federal Transit Administration grant funding for the replacement of one (1) ADA accessible vehicle; and Whereas, the Iowa Department of Transportation's Office of Public Transportation issued a request for proposal ADA Assessible Van/Light Duty/Medium Duty Vehicles (OPT2018LDB); and Whereas, Hoglund Bus Company was awarded a contract through the request for proposal process; and Whereas, the purchase of ADA accessible vehicles can be made through this cooperative purchasing agreement; and Whereas, the City will order the ADA accessible vehicles through Hoglund Bus Company; and Whereas, the total cost of the procurement is $312,957 with the City being responsible for $208,638 while grant funding will cover $104,319; and Whereas, funds for this purchase are available in the transit replacement reserve fund (7151- 71810280 (FY19 and FY20); and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described above is approved. 2. The City Manager is authorized to take the steps necessary to effectuate amendments. Passed and approved this 16th day of .Tule 2019 M or Approved by Attest: � I- - l 'l 5 Ci y Clerk City Attorney's Office Resolution No. 19-177 Page 2 It was move by Mims and seconded by —Teague the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Salih x Taylor x Teague x Thomas Throgmorton Item Number: 6.d. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT July 16, 2019 Resolution accepting the work for the Flood Plain Demolition Project Prepared By: Jason Havel, City Engineer Reviewed By: Danielle Sitzman, Development Services Coordinator Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: This project has been completed by CAJ Enterprises of West Branch, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The Engineer's Report and Performance and Payment bonds are on file with the City Engineer. • Project Estimated Cost: $ 55,000.00 • Project Bid Received: $ 33,060.00 • Project Final Cost: $ 33,060.00 Background /Analysis: This project included the demolition and removal of structures at 889 Park Place and 735 Manor Drive. ATTACHMENTS: Description Engineer's Report Resolution I P i ®tp fid rlll i 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 July 8, 2019 City Council Iowa City, Iowa Re: Flood Plain Demolition Project Dear City Council: I hereby certify that the construction of the Flood Plain Demolition Project has been completed by CAJ Enterprises, Inc. of West Branch, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a lump sum contract and was awarded for $33,060.00. The final contract price is $33,060.00. There were no change orders. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer pweng/masters/e ng rpt. doc Prepared by: David Powers, Neighborhood & Development Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5233 Resolution No. 19-178 Resolution accepting the work for the Flood Plain Demolition Project Whereas, the Engineering Division has recommended that the work for construction of the Flood Plain Demolition Project, as included in a contract between the City of Iowa City and CAJ Enterprises of West Branch, Iowa, dated January 30, 2019, 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 emergency fund account # 10310712; and Whereas, the final contract price is $33,060.00. 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 16th day of July , 2019 MEKYor Attest: l p City Clerk U\ rov 7-/v �Iq City Attorney's Office It was moved by Aims and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: M Cole Mims Salih Taylor Teague Thomas Throgmorton Item Number: 6.e. 'r AL CITY OF IOWA CITY =� COUNCIL ACTION REPORT July 16, 2019 Resolution authorizing the Mayor to sign and the City Clerk to attest the Iowa Department of Transportation Agreement No. 2019-16-153 for the Burlington and Madison Intersection Improvements Project. Prepared By: Jason Reichart, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Location Map Resolution Agreement Executive Summary: The Burlington and Madison Intersection Improvements Project is a joint City of Iowa City and Iowa Department of Transportation (I DOT) project that includes two separate agreements that will contribute funding to the project. The first is a Surface Transportation Block Grant (STBG) Agreement No. 6-19-STBGU-011, executed by the City and [DOT on May 16, 2019 and May 17, 2019, respectively. This grant includes funding for eligible City -funded project costs. The second agreement is a cooperative agreement for the use of 3-R funds for I DOT -funded items included in the project. Improvements covered by this grant include excavation and subgrade stabilization (as required) for railroad approaches and 3 -inch HMA resurfacing (1 -inch interlayer course and 2 -inch surface course), pavement repair, pavement markings, and related work on the main travel lanes (including the two-way center turn lane). The I DOT reimbursement amount for the 3-R improvements is estimated to be $230,200.73. The estimated construction cost for the total project is $1,326,000. Background /Analysis: The Burlington and Madison Intersection Improvements Project includes the widening of Burlington Street, from Madison Street to Front Street, to include continuous buffered bike lanes from Madison Street to Riverside Drive. The project also includes traffic signal and pedestrian signal improvements, ADA sidewalk improvements, and public utility improvements at the Burlington Street and Madison Street intersection, as well as the restriping of Madison Street to include a 4 -lane to 3 -lane conversion from Market Street to Court Street, and the addition of continuous bike lanes on Madison Street, from Market Street to Prentiss Street. ATTACHMENTS: Description Location Map Resolution Agreement i i BEGIN RIGHT TURN - - -- --- ---- - -- - -_ - - _ - - -- LANE -YIELD TO BIKES --,,,,,,II --- --------- - - - - - - - - - - -(R4-4) +-- r+44 +44 --------o rn P C: 54+2 3.98 12' o o I + —� -- _ - - - RC: 55+17 �P50+00.00 �n - - T�-_ - - - - 0 48 \ m - - - �_ o m m Lr) r- 0 0 0 I L0 o BURLINGTON ST 11' AJC � - - - - - NSTALL BIKE LANE SIGN NOTES: 1. OUTSIDE LANE DIMENSIONS ARE TO FACE OF CURB (R3-17) 2. SEE STANDARD ROAD PLAN PM -110 FOR LINE TYPES. 0 40 3- SEE STANDARD ROAD PLAN PM -111 FOR SYMBOLS AND LEGENDS. 0 INSTALL BIKE NE SIGN - - (R3-17) cn I I REMOVE AND REINSTALL RAILROAD - - - - - - - - - - - - - - �I - - - - - CROSSING WARNING SIGN (W10-1) INSTALL BIKE IIIIII INSTALL BIKE LJ LEAVE EXISTING US INTERSTATE - - _ LANE SIG - (R3-17) MARKER "86" SIG(R3-17) F -LANE SIGN ROUTE 6 JUNCTION SIGN AND MILE �� I +64 N (X2) +31 In LLJ�� ti' cMol _ + m O o rn oI +33 n t1' �I +80 <n Q _ +� -o +1--'�-- PT_57+37.57Lli + o 80 m Lu +31�--I—-- I -�� `�f---� +-� —+---- o i co 00 Lo +76 + +31 BURLINGTON ST 1�I �� - - -- - +76 � `x-76 +81� -- ------7Y' N — i 6.5' _ NSTALL BIKE LANE SIGN INSTALL BIKE LANE V I I I II V I I I y (R3-17) ENDS SIG (R3 -17B) V ti REMOVE AND REINSTALL STOP & DO D NOT ENTER SIGN (R1-1 & R5-1) EXISTING UNIVERSITY 0 40 INSTALL NO LEFT TURN SIGN (R3-2) OF IOWA SIGN o Z h INSTALL BIKE LANE 4 �. SIGN R3-17 I ROAD DESIGN * CADD * PRODUCED STATE OF IOWA FHWA REGION 7 FISCAL YEAR 2019 JOHNSON COUNTY PROJECT NUMBER NHSX-001 -5(120)--3H-52 SHEET NUMBER P.3 M CL w Lu Z: U) L w U) EP: 67+00.00 0 0 0 co � ROAD DESIGN * CADD * PRODUCED STATE OF IOWA FHWA REGION 7 FISCAL YEAR 2019 JOHNSON COUNTY PROJECT NUMBER NHSX-001 -5(120)--3H-52 SHEET NUMBER PA Prepared by: Jason Reichart, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 Resolution No. 19-179 Resolution authorizing the Mayor to sign and the City Clerk to attest the Iowa Department of Transportation Agreement No. 2019-16-153 for the Burlington and Madison Intersection Improvements Project. Whereas, the Iowa Department of Transportation and the City of Iowa City desire to widen and resurface sections of US Highway 1 through Iowa City between Capitol Street and Riverside Drive; and Whereas, Anderson -Bogert has completed design and plan preparation for the Burlington and Madison Intersection Improvements Project; and Whereas, funds are available in the Burlington Madison Intersection Improvements account #53834; and Whereas, the Iowa Department of Transportation has referenced this agreement as No. 2019-16-153 and the Project as NHSX-001-5(120)--3H-52; and Whereas, City Council deems it is in the public interest to enter into said agreement with the Iowa Department of Transportation for the rehabilitation of sections of US Highway 1 through Iowa City between Capitol Street and Riverside Drive (a/k/a the Burlington and Madison Intersection Improvements Project). Now, therefore, be it resolved by the Council of The City of Iowa City, Iowa, that: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement attached hereto 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 Department of Transportation. Passed and approved this 16th day of July 2019. M 4jor Attest: a Ci Clerk It was moved by Mims adopted, and upon roll call there were: Ayes x Approved by /�1�( Lam- / aL11�t✓ City Attorney's Office � /�� /�9 and seconded by 'Teague the Resolution be Nays: Absent: Now Mims x Salih Taylor Teague Thomas Throgmorton February 2017 IOWA DEPARTMENT OF TRANSPORTATION Cooperative Agreement For Primary Road Project County Johnson City Iowa City Project No. NHSX-001-5(12.0)--3H-52 Iowa DOT Agreement No. 2019-18-153 Staff Action No. This Agreement, is entered Into by and between the Iowa Department of Transportation, hereinafter designated the "DOT"', and the city of Iowa City, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 308A and 313.4 as applicable; The LPA proposes to establish or make improvements to Iowa 1 within Johnson County, Iowa; and The LPA and the DOT are willing to jointly participate In said project, in the manner hereinafter provided; and The LPA and the DOT previously entered into the following agreement(s) for the above referenced project: Agreement No. 6-19-STOGU-011 for Surface Transportation Block Grant Program funds was executed by the DOT and LPA on May 17, 2019 and may 16, 2019 respectively; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The LPA shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the DOT's and/or the LPA's contact person. The DOTS contact person shall be the Assistant District 6 Engineer, Kenneth A. Yanna, P.E. The LPA's contact person shall be the City Engineer, Jason Havel, P.E., or designated representative. c. The LPA shall be responsible for the development and completion of the following described primary highway project: Portland Cement Concrete (PCC) widening with Hot Mix Asphalt (HMA) resurfacing on Iowa 1 between Capitol Street and Riverside Drive in Iowa City, The project provides for widening to accommodate a five -lane cross section (four travel lanes and a center two -left -tum lane) with bicycle lanes and ADA sidewalk and pedestrian curb ramp construction, traffic signals, and storm sewer and water main construction. d. All storm sewers constructed as part of the project will become the property of the LPA, which will be responsible for their maintenance and operations. The IPA will not make any connections to said storm sewers without the prior written approval of the DOT. The LPA will prevent use of such storm sewers as a sanitary sewer. 2019-16-153_IowaQty February 2017 2. Project Costs a. The DOT shall contribute 3R funds toward improvements on the project that consists of excavation and subgrade stabilization (as required) for railroad approaches and 3 -inch HMA resurfacing (1 -inch interlayer course with a 2 -inch surface course), pavement repair, pavement markings and other related work on the main travel lanes (Including two-way center -tum). The DOT reimbursement is estimated to be $230,200.73 shown as Division 2 on Exhibit B. The actual amount of DOT reimbursement will be determined by the quantities in place and the accepted bid at the contract letting. Lump sum items will be shared on a pro -rata basis based on the costs of the division compared to total project costs. b. The LPA will bear all costs except those allocated to the DOT under other terms of this Agreement. 3. Environmental, Right -of -Way, Permits and Other Requirements a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Work Within the Right -of -Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, or other construction permits required for the project prior to the start of construction. Neither the approval of funding northe signing of this Agreement shall be construed as approval of any required permit from the DOT. b. The LPA shall obtain all project permits and / or approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, or other State or Federal agencies as may be required. c. If right-of-way is required for the project, the LPA shall acquire the necessary right -of --way in accordance with 781 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. The LPA shall submit preliminary right-of-way plans to the DOT's Office of Right-of-way for review and approval prior to the commencement of any acquisition. d. Additionally, the portions right-of-way acquired for improvements to the Primary Road System shah be acquired in the name of the State of Iowa. The LPA will property dose the sale of each parcel and shall furnish the DOT copies of all completed contracts, deeds, conveyances and condemnation documents (for state right of way). e. If there is a railroad crossing within or near the project work area, the LPA shag obtain the necessary approvals or agreements from the railroad to allow the proposed work to be completed on or around the railroad crossing and / or right-of-way. f. If the project requires utility relocations, subject to the approval of and without expense to the DOT, the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, Installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project and the clear zone. All utility relocations shall be accomplished in accordance with the DOT's Utility Accommodation Policy, as set forth in 781 Iowa Administrative Code, Chapter 115. 201316-153 IowaCity February 217 g. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. 4. Project Design a. The LPA or its consultant shall be responsible for the design of all proposed improvements. b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a Professional Engineer licensed to practice in the State of Iowa, c. All proposed highway or street Improvements shall be designed using good engineering judgment and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on Geometric Design of Highways and Streets", (latest edition). d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and Highways", by the Federal Highway Administration, as adopted by DOT, as per 7131 Iowa Administrative Code, Chapter 130. 5. Bid Letting a. The LPA shall submit the pians, specifications, estimate, and all other contract documents for review by the DOT. The project may be submitted for letting in phases, in the order of preference as determined by the LPA. All plan submittals shall be in accordance with the Major Project schedule, as shown on the Instructional Memorandum to Local Public Agencies 3.005, Project Development Submittal Dates and Information, published by the DOT's Office of Local Systems. b. The project will be let by the DOT in accordance with its normal letting procedures. As a condition for the DOT to let the project, the LPA agrees that the LPA has the financial resources to proceed with the project If bids submitted are 110% of the project cost estimate or less. If the LPA is a city, the LPA shall comply with the public hearing requirements of the Iowa Code section 28.12. c. When let by the DOT, the DOT will identify the lowest responsive bidder. When bids Submitted are more than 110% of the project cost estimate, the DOT will provide an electronic tabulation of responsive bids to the LPA for concurrence. The LPA shall either take action to accept the award to the lowest responsive bidder or reject all bids. The LPA shall provide such confamatlon by email, Foltowing LPA concurrence in the award of contract, the DOT shall execute the contract. d. The LPA shall be the contracting authority for the project. B. Construction & Maintenance a. The LPA shall be responsible for the daily inspection of the project, Including the compilation of a daily log of materials, equipment, and labor used on the project. 7D19-16753 IoweCfty February 2017 b. The LPA shall comply with the procedures and responsibilities for materials testing and construction inspection according to DOT's Materials Instructional Memorandums (I.M's) and the Construction Manual. If requested, the DOT may be able to perform some testing services. If performed, the DOT will bill the LPA for testing services according to its normal policy. c. The work on this project shall be in accordance with the approved plans and specifications. Any substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put Into effect. d. The LPA, In cooperation with the DOT, will take whatever steps may be required with respect to alteration of the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to properties that may occur as a result of the project. e. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code sections 150.3(1)c and 150.4(2) will remove or cause to be removed all encroachments or obstructions in the existing primary highway right of way. The LPA will also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which Is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. f, With the exception of service connections no new or future utility occupancy of project right-of-way, nor any future relocations of or alterations to existing utilities within said right-of-way (except service connections), will be permitted or undertaken by the LPA without the prior written approval of the DOT. All work will be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. g. New lighting and/or traffic signal construction for this project shall be provided under guidelines established in 761 Iowa Administrative Code Chapter 150. The LPA shall constrict traffic signal installations all at no cost to the DOT. If constructed, the LPA shall accept ownership of and responsibility for future energy and maintenance costs of those lighting and/or traffic signal units which lie within the corporate boundaries. h. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without the prior written approval of the DOT. I. After the project construction is complete and prior to final acceptance of the project by the DOT, the LPA shall furnish three sets of "as-buift" plans to the DOT's contact person. j. Future maintenance of the primary highway within the project area wig be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. 7. Traffic Control a. Iowa 1 through -traffic will be maintained during the majority of construction. b. During Phase 1 construction E Burlington Street (Iowa 1) will be closed to work on the railroad crossing approaches. During the closure Iowa 1 through -traffic will be detoured off the project. The detour route wig commence at the Burlington Street (Iowa 1) and S Riverside Drive (U.S, 6) intersection, thence south approximately 0.7 miles to U.S. 6, thence southeast approximately DA miles on U.S. 6 to S Gilbert Street, thence north approximately 0.9 miles on S Gilbert Street to E Burlington Street (lowel). The total out of distance travel Is approximately 2.1 miles. The LPA will temporarily close the highway project area by formal action in accord with Iowa Code section 306.41. The LPA will erect and maintain signs within Its Jurisdiction, consistent with Part 6 of the"Manual on 2013-16-153 omCity 4 February 2017 Uniform Traffic Control Devices", as necessary to direct traffic to and along said detour route during the construction period. The LPA will also remove said signs when the detour is discontinued. Details will be shown on the traffic control sheet(s) within the project plans. c. If it becomes necessary to temporarily dose LPA side roads during construction, the LPA furnish, Install, and remove the required barricades and signing for the closure at no expense or obligation to the DOT. Any detours which may be necessary for project related LPA road closures will be the responsibility of the LPA all at no expense or obligation to the DOT. d. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" as per 761 Iowa Administrative Code, Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 8. Payments and Reimbursements a. The LPA shall be responsible for making initial payments to the oonfractor(s) for all project costs incurred in the construction of the project. After payments have been made, the LPA may submit to the DOT periodic Itemized clalms for reimbursement for eligible project activities. Reimbursement claims shall include certification by a Professional Engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been paid in full and completed in substantial compliance with the terms of this agreement. b. The DOT shall reimburse the LPA for property documented and certified claims for eligible project activity costs. The DOT may withhold up to 5% of the Federal and / or State share of construction costs, either by state warrant or by crediting other accounts from which payment may have been Initially made. If upon final audit, the DOT determines the LPA has been overpaid, the LPA shall reimburse the overpaid amount to the DOT. After the final audit or review is complete and after the LPA has provided all required paperwork, the DOT will release the Federal or State funds withheld. c. Upon completion of the project, a Professional Engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of state and / or Federal funds shall be made only after the DOT accepts the project as complete. 9. General Provisions a. The LPA shalt maintain records, documents, and other evidence in support of the worts performed under the terms of this agreement. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. Documentation shall be made available for inspection and audit by authorized representatives of the DOT and / or the Federal Highway Administration (FHWA), or their designees at all reasonable times. The LPA shall provide copies of said records and documents to the DOT upon request. The LPA shall also require its contractors to permit authorized representatives of the DOT and / or the FHWA to inspect all work materials, records, and any other data with regard to agreement related costs, revenues and operating sources. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment / modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the DOT will notify the LPA of the record retention date. b. In accordance with Title VI of the Civil Rights Acts of 1964 and Iowa Code Chapter 216 and associated subsequent nondiscrimination laws, regulations and executive orders, the LPA shall not 201 &16-153 IowaCity 5 February 2017 discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. C. The LPA agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend and holo harmless applies to all aspects of the DOT's application review and approval process, plan and constriction reviews, and funding participation. d. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. e. This agreement is not assignable without the prior written consent of the OOT. f. it Is the intent of both (all) parties that no third -party beneficiaries be created by this Agreement. g. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. The DOT and the LPA agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. h. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to be an original. L This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements will remain in effect except as amended herein. Any subsequent charge or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. 2019-15.153 IowaC4 6 February 2017 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2019-16-153 as of the date shown opposite its signature below. CITY OF IOWA CITY: BY " - .Date July 16th 20 19 Title: ayor FrrueU')Ia certify that I am the Clerk of the City, and that T rnes . ` h rZrimcy r cr^ who signed said Agreement foYand on behalf of the City was duly authorized to execute the same "e 1(0W� day o€ 20 /-9 Signed; City Clerk of Iowa City, I a. IOWA DEPARTMENT OF TRANSPORTATION: By: Date $�p1 20 (� acnes R. Schnoebelen District Engineer District 6 A proved BY �— (I—r City Attorney's Office 2019-16-153 lowacity February 2017 LOCATION MAP NOT TO SCALE r ,- EXHIBIT A SEC. 9 R SEC. 10, T79N, R06W �I in 0` Lai co ze a m i ,<.... .S . d9� F •••wu.9 �k i 'BUKUNGTON Sl NAyj^�.,f�,': PRWECT UXATION .. COURT ST _ y � t f it 201316-153 lowaClty 8 2019-16-053_IowaCity � mm � i&b}Sm e E HfBIT B Item Number: 6.f. ®4 CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT July 16, 2019 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Asphalt Resurfacing 2019 Project. Prepared By: Jason Reichart, Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $1,472,980.73 available in the Annual Pavement Rehabilitation account #S3824 Recommendations: Staff: Approval 1 •uu •a ►/_1 Attachments: Location Map Resolution Executive Summary: Project Plans and Specifications for the Asphalt Resurfacing 2019 Project were approved at the June 18th Council Meeting. One (1) bid was submitted prior to the July 10th deadline, and L.L. Pelling Company of North Liberty, Iowa submitted the apparent low bid of $1,472,980.73. The engineer's estimate for construction was $1,480,000. Staff recommends awarding the construction contract for the Asphalt Resurfacing 2019 Project to L.L. Pelling Company. Construction is expected to be completed in Fall 2019. Background /Analysis: This is a recurring maintenance project that concentrates on asphalt resurfacing and chipsealing of various streets throughout Iowa City. In addition to the resurfacing, this project includes storm intake repairs, repair of curb and gutter as needed, and replacement of curb ramps to meet current ADA standards. The Asphalt Resurfacing 2019 Project includes work at the following locations: Street Milling and 3 -inch Asphalt Overlay Clinton Street from Court Street to Benton Street Fairmeadows Boulevard from Hwy 6 to Hollywood Boulevard South Gilbert Street from Kirkwood Avenue to East 3rd Street Newton Road from Woolf Avenue to Hwy 6 Valley Avenue from Newton Road to Hwy 6 Lincoln Avenue from Newton Road to Hwy 6 / Dead end Park Road and Ferson Avenue intersection Equipment building parking lot Pavement Markings with New Bicycle Facilities Dodge Street buffered bike lane from Burlington Street to Bowery Street Dodge Street 4 -lane to 3 -lane conversion with bike lanes from Bowery Street to Kirkwood Avenue ATTACHMENTS: Description resolution Location Map f.� Prepared by: Jason Reichert, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5416 Resolution No. 19-180 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Asphalt Resurfacing 2019 Project Whereas, L.L. Palling Company of North Liberty, Iowa, has submitted the lowest responsible bid of $1,472,980.73 for construction of the above-named project; and Whereas, funds for this project are available in the Annual Pavement Rehabilitation account #S3824. 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 L.L. Palling Company, 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 and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 16th day of July 2019. M or Approved by Attest: c� City Clerk dCity Attorney's Office It was moved by trims and seconded by Teague the Resolution be adopted, and upon roll call there were Ayes: Nays: Absent: X Cole X Mims X Salih X Taylor X Teague X Thomas X Throgmorton „ • rA. ClintonOverlay B. Newton Rd and Valley Ave C. Park -. at Ferson Ave Overlay D. S Gilbert St _ O � E. Fairmeadows Blvd � I z a r Equipment• • Parking • Dodge . • S GovernorPavement • 17 1'1 ° -174 47 I . v i ♦1 � � : 3 � � ,� � � ,fix r � /� �r r s:XXCXrk � �,� � �� -� z., "`"i`"'! kt . � ,Y„r - � y ._ -+.q. F a ..•,�..-; •-�''q � �� ��_u 1 dJJ i ,`:� ,, �� .: ' ' _” e� `Y1 �� -"4i Y 7y I t ,� � � 6 y� '� "r. 1 cW.� 3� � - �s�Mk � � y, ,, I' ,. ... "�,r-✓ -.s yr�. - _. - �.., �,` �� � _ � � i .. Z � _ � � �-��w 1� �� - � +' ' `X 1� � � t err--J�,✓=1..��� � r`.`.�.-,+-i+,� r . t v . 1 t14. I - 4 P. 712 IL gli �l r p. r e a r 1 Y� I V .1 4 r nI yy r i NOTICE TO BIDDERS ASPHALT RESURFACING 2019 PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 10th day of July 2019. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 16th day of July 2019, or at special meeting called for that purpose. The Project will involve the following: Pavement milling and asphalt resurfacing along South Clinton Street, Fairmeadows Avenue, Newton Road, Valley Avenue, South Gilbert Street, Park Road and Ferson Avenue intersection, and the City Equipment Parking Lot. In addition to the resurfacing, this project also includes storm intake repairs, repair of curb and gutter, replacement of curb ramps to meet current ADA standards, and new pavement markings on Dodge Street to include a one-way to two-way conversion from Burlington Street to Bowery Street and a 4 -lane to 3 -lane conversion from Bowery Street to Kirkwood Avenue. This project also includes street sealcoat work along Taft Avenue. All work is to be done in strict compliance with the Project Manual prepared by the City of Iowa City, which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City (in the form shown in Section 0510) ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract has been executed, the required Performance, Payment, and Maintenance Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond in an amount equal to one hundred percent (100%) of the contract price and in the form shown in Section 0510, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: August 5, 2019 Final Completion: November 1, 2019 Liquidated Damages: $500 per day The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354- 8973, Toll -Free: (800) 779-0093, by bona fide bidders. A $25.00 fee is required for each set of the Project Manual provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. The fee is refundable if returned within 14 days of award of the project by City Council in re -usable condition. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall list on the Contract its subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. KELLIE FRUEHLING, CITY CLERK Item Number: 6.g. ®4 CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT July 16, 2019 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Riverfront Crossings Park, Phase 4 Project. Prepared By: Ben Clark, Sr. Civil Engineer Reviewed By: Juli Seydell Johnson, Parks and Recreation Director Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $501,065, available in the Riverfront Crossings Riverbank/Park Development account # R4185 Recommendations: Staff: Approval Commission: Park Commission reviewed project master plan and recommended approval on December 14, 2016 Attachments: Resolution Executive Summary: This agenda item awards a construction contract for the Riverfront Crossings Park Phase 4 Project, which includes installing the Kenneth Snelson sculpture "Four Modular Piece", associated site work, landscaping and lighting. Two (2) bids were submitted prior to the July 9, 2019 deadline: Bidder Name All American Concrete, Inc. Tricon General Construction, Inc. City Bid West Liberty $501,065 Cedar Rapids $642,000 All American Concrete, Inc. of West Liberty, Iowa submitted the lowest responsible bid. Public Works, Engineering and Parks & Recreation recommend awarding the contract to All American Concrete, Inc. Background /Analysis: Riverfront Crossings Park is located at the site of the City's decommissioned North Wastewater Treatment Plant along the bank of the Iowa River. The site has been cleared of the wastewater treatment plant and three phases of the park development are nearly complete. Future phases will occur as budget and land acquisition allow. Phase 1 included wetland creation, streambank restoration, site grading, trail and parking lot construction. Phase 2 included a nature play area installation. Phase 3 included the installation of a combination restroom and park shelter building, electrical service, trail lighting and signage. This project, Phase 4, will include the relocation of the Kenneth Snelson sculpture "Four Modular Piece" from its current location at Terrell Mill Park to the center of the Circle Drive at Riverfront Crossings Park. Associated site work, landscaping and lighting are also included. ATTACHMENTS: Description resolution l-9 Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 19-181 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Riverfront Crossings Park, Phase 4 Project Whereas, All American Concrete, Inc. of West Liberty, Iowa, has submitted the lowest responsible bid of $501,065 for construction of the above-named project; and Whereas, funds for this project are available in the Riverfront Crossings Riverbank/Park Development account # R4185. 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 All American Concrete, 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 and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 16th day of July / 2019 l Ma or Approved by Attest : City Clerk City Attorney's office It was moved by Aims and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Cole X Mims X Salih X Taylor X Teague X Thomas X Throgmorton NOTICE TO BIDDERS RIVERFRONT CROSSINGS PARK PHASE 4 SCULPTURE RELOCATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 9th day of July 2019. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 16'" day of July, 2019, or at special meeting called for that purpose. A public hearing will be held during this meeting. The Project will involve the following: site work and installation of Kenneth Snelson sculpture "Four Modular Piece" at Riverfront Crossings Park, 1001 South Clinton Street, Iowa City, Iowa 52240. Work includes installing new concrete pavement, subbase and draintile; concrete sculpture columns, exterior sculpture lighting; and landscaping. All work is to be done in strict compliance with the Project Manual prepared by Confluence, of Cedar Rapids, Iowa, which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City (in the form shown in Section 0510) ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract has been executed, the required Performance, Payment, and Maintenance Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond in an amount equal to one hundred percent (100%) of the contract price and in the form shown in Section 0510, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: July 22, 2019 Final Completion: November 15, 2019 Liquidated Damages: $250 per day The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354- 8973, Toll -Free: (800) 779-0093. A $50.00 fee is required for each set of the Project Manual provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics. The fee is refundable if returned within 14 days of award of the project by City Council in re -usable condition. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall list on the Contract its subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa KELLIE FRUEHLING, CITY CLERK Item Number: 6.h. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT July 16, 2019 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Rochester Avenue Sidewalk Infill Project. Prepared By: Josh Slattery, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: $127,898.20, available in account#S3948 Recommendations: Staff: Approval Commission: N/A Attachments: Resolution Executive Summary: The project manual and estimate of cost for construction of the Rochester Avenue Sidewalk I nfill Project were approved at the June 18, 2019 Council Meeting. The project cost was estimated at $131,000. One (1) bid was submitted for the July 10, 2019 letting, and Bockenstedt Excavating of Iowa City, Iowa submitted the lowest responsible bid of $127,898.20. Staff recommends awarding the contract for the Rochester Avenue Sidewalk Infill Project to Bockenstedt Excavating. This project is anticipated to be completed by October 2019. Background /Analysis: The Rochester Avenue Sidewalk Infill Project involves the construction of 4 -foot wide sidewalk along the north side of Rochester Avenue between the water storage site at 2410 Rochester Avenue and St. Thomas Court. The proposed sidewalk will connect to existing sidewalk at both ends. Project Timeline: Award Date — July 16, 2019 Construction Start —August 2, 2019 Construction Complete — October 26, 2019 ATTACHMENTS: Description Resolution Prepared by. Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 Resolution No. 19-182 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Rochester Avenue Sidewalk Infill Project Whereas, Bockenstedt Excavating, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $127,898.20 for construction of the above-named project; and Whereas, funds for this project are available in the Rochester Avenue Sidewalk Infill account # S3948. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The contract for the construction of the above-named project is hereby awarded to Bockenstedt Excavating, 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 and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 16th day of July 2019. M or Attest : �i Ci Clerk Approv by a --c r—r 5 City Attorney's Office It was moved by Mims and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: X X X X X X Absent Cole Mims X Salih Taylor Teague Thomas Throgmorton t,,V 0100 NOTICE TO BIDDERS ROCHESTER AVENUE SIDEWALK INFILL PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 101 day of July, 2019. Sealed proposals will be opened immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 161h day of July, 2019, or at special meeting called for that purpose. A public hearing will be held during this meeting. The Project will involve the following: Remove Portland Cement Concrete, Asphalt Cement Concrete, and Portland Cement Concrete sidewalk. Strip, salvage and spread topsoil. Provide and spread offsite topsoil. Excavate for the new Portland Cement Concrete pavement. Construct Segmental Block Retaining Wall. Construct 4 -inch thick, 6 -inch thick, and 7 -inch thick Portland Cement Concrete sidewalks, driveways and pavement at locations indicated. Seed disturbed areas. Provide traffic control during all phases of project. Other work associated with sidewalk infill. All work is to be done in strict compliance with the Project Manual prepared by MMS Consultants, Inc., of Iowa City, Iowa, which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be submitted in a sealed envelope. In addition, a separate sealed envelope shall be submitted containing a completed Bidder Status Form and a bid security executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City (in the form shown in Section 0510) ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. The City shall retain the bid security furnished by the successful bidder until the approved contract has been executed, the required Performance, Payment, and Maintenance Bond (as shown in Section 0510) has been filed by the bidder guaranteeing the performance of the contract, and the contract and security have been approved by the City. The City shall promptly return the checks or bidder's bonds of unsuccessful bidders to the bidders as soon as the successful bidder is determined or within thirty days, whichever is sooner. The successful bidder will be required to furnish a Performance, Payment, and Maintenance Bond in an amount equal to one hundred percent (100%) of the contract price and in the form shown in Section 0510, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project Late Start Date: September 2, 2019 Working Days: 40 Liquidated Damages: $100.00 per day The Project Manual may be examined at the office of the City Clerk. Copies thereof and blank forms may be secured at the office of Technigraphics, a division of Rapids Reproductions located at 415 Highland Ave, Suite 100, Iowa City, Iowa 52240, Phone: (319) 354-5950, Fax: (319) 354- 8973, Toll -Free: (800) 779-0093. A $20.00 fee is required for each set of the Project Manual provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Technigraphics, a division of Rapids Reproductions. The fee is refundable if returned within 14 days of award of the project by City Council in re -usable condition. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281-5796 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall list on the Contract its subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Posted upon order of the City Council of Iowa City, Iowa. KELLIE FRUEHLING, CITY CLERK Item Number: 6.i. ®I CITY OF IOWA CITY u► ��� COUNCIL ACTION REPORT July 16, 2019 Resolution accepting the work for the street, storm sewer, and water main public improvements for Breckenridge Apartments, 707 S Dubuque Street, Riverfront Crossings Development located on Lots 1 and 2, Block 17, County Seat Addition, and declaring public improvements open for public access and use. Prepared By: Joe Welter, Sr. Civil Engineer Reviewed By: Jason Havel, City Engineer Ron Knoche, Public Works Director Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Engineer's Report Resolution Executive Summary: The Breckenridge Apartments, 707 South Dubuque Street, are located on the northwest side of the 700 -Block of S Dubuque Street, and consists of a four-story residential building with one below grade level. Background /Analysis: The construction of the street, storm sewer, and water main improvements for the Breckenridge Apartments have been completed in substantial accordance with the plans and specifications on file with the Engineering Division of the City of Iowa City. ATTACHMENTS: Description Engineer's Report Resolution NZ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 ENGINEER'S REPORT (319) 356 - 5009 FAX www.icgov.org July 9, 2019 Honorable Mayor and City Council Iowa City, Iowa Re: 707 South Dubuque Street Public Improvements Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the street, storm sewer, and water main improvements for 707 South Dubuque Street have been completed in substantial accordance with the plans and specifications on file with 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 Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer 10", Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 19-183 Resolution accepting the work for the street, storm sewer, and water main public improvements for Breckenridge Apartments, 707 S Dubuque Street, Riverfront Crossings Development located on Lots 1 and 2, Block 17, County Seat Addition, 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: street, storm sewer, and water main improvements for the Breckenridge Apartments, 707 South Dubuque Street, as constructed by Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa.; and Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified the contractor listed previously of the date on which it will consider acceptance of the aforementioned public improvements. 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 use. Passed and approved this 16th day ofJuly �, 2019 M or Approved Attest: � '4 )"<<,t S �Cityt,lerk City Attorney's Office It was moved by Mims and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Item Number: 6.j. ot CITY O� IOWA CITY www.icgov.org July 16, 2019 Resolution accepting payment of $1,500.00 civil penalty, a sixty-day suspension and waiver of right to hearing from Deli Mart #1. ATTACHMENTS: Description Resolution Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52244,319-356-5030 Resolution number: 19-184 Resolution accepting payment of $1,500.00 civil penalty, a sixty- day suspension and waiver of right to hearing from Deli Mart #1 Whereas, on June 1, 2016, an employee of DeliMart Properties Inc., dba Deli Mart #1, 525 Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the first such violation by one of its employees in a two-year period; and Whereas, on December 10, 2017, an employee of DeliMart Properties Inc., dba Deli Mart #1, 525 Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the second such violation by one of its employees in a two-year period; and Whereas, on November 13, 2018, an employee of DeliMart Properties Inc., dba Deli Mart #1, 525 Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the third such violation by one of its employees in a three-year period; and Whereas, on April 3, 2019, an employee of DeliMart Properties Inc., dba Deli Mart #1, 525 Highway 1 West, Iowa City, violated Iowa Code §453A.2(1) by selling or providing tobacco, tobacco products or cigarettes to a minor and this was the fourth such violation by one of its employees in a three-year period; and Whereas, at the time of the violation DeliMart Properties Inc., dba Deli Mart #1, was operating under a retail cigarette permit issued by the City of Iowa City; and Whereas, pursuant to Iowa Code §453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code §453A.2(1) for a first violation within a two-year period; subject to a civil penalty of $1,500.00 or a thirty -day permit suspension for a second violation within a two-year period, at the retailer's option; subject to a civil penalty of $1,500.00 and a thirty -day permit suspension for a third violation within a three-year period; and subject to a civil penalty of $1,500.00 and a sixty-day permit suspension for a fourth violation within a three-year period. Whereas, DeliMart Properties Inc., dba Deli Mart #1, has waived its right to a hearing required by Iowa Code §453A.22(2) and accepted responsibility for its employee's fourth violation of Iowa Code §453A.2(1), by paying a $1,500.00 civil penalty, and surrendering its tobacco permit for 60 days (July 5, 2019 through September 3, 2019) to the City Clerk of the City of Iowa City. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that the City Council should accept the waiver of right to hearing, a payment of $1,500.00 civil penalty, and the sixty-day surrender of the tobacco permit on behalf of of DeliMart Properties Inc., dba Deli Mart #1. Resolution No. 19-184 Page 2 Be it further resolved, that the City Clerk will forward this Resolution to the City Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. Passed and approved this 16 day of July 2019. 4:�� / Mayor Approved by Attest: Cit Clerk City Attorney's Office It was moved by Mims and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: x x Nays: Absent Cole Mims x Salih Taylor Teague Thomas Throgmorton Item Number: 7.a. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT July 16, 2019 Resolution setting public hearing for August 6, 2019 on a proposal to convey 225 and 229 N. Gilbert Street to Public Space One. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval C•uu My 0111111100/_1 Attachments: resolution Executive Summary: On July 16, 2019, City Council will set a public hearing for August 6, 2019 to consider a resolution authorizing the conveyance of 225 and 229 N. Gilbert Street. The City purchased the two homes from Mercy Hospital with the intention of preserving the two structures and were originally considered for the UniverCity program. With the goal of preserving the homes, the City is pursuing a historic landmark designation for both. Due to the location of the homes and the surrounding commercial uses, the City wanted to determine the demand for retail, office and community arts and culture uses for these properties. After a Request for Proposals was released to the community, Public Space One responded and signed a purchase agreement to acquire both homes as community art space for exhibitions, education and other events as well as a community print studio and individual artist studios. Background /Analysis: The City purchased the homes for $435,000 ($185,000 for 225 N. Gilbert and $250,000 for 229 N. Gilbert) and will sell the homes for $471,355 ($203,177 and $268,178 respectively). Much like the UniverCity program, the buyer pays for the initial purchase price and all carrying costs such as taxes, interest, utilities, and lawn maintenance. The combined assessed value of the homes is $470,120. The City will provide downpayment assistance of $116,000 ($58,000 per home). Public Space One preferred downpayment assistance over direct rehabilitation assistance to allow it to acquire the properties for $355,355. The non-profit organization intends to rehabilitate both homes and supports the historic designation of the homes. The purchase agreements are attached to the resolution and provide that the City has the right of first refusal for 15 years, meaning that If Public Space One wishes to sell either house, the City has the right to purchase for the same price. Additionally, because of the $58,000 in down payment assistance, the purchase agreement provides that the City will receive 25% of the net sale proceeds if the house is sold during the 15 years (and the City does not exercise its right to purchase it). 225 North Gilbert Street is a vernacular home with Folk Victorian detailing originally built in 1904. While the original front porch has been removed, and the rear porch partially enclosed, the exterior trim and millwork exhibit typical cottage treatment found in Iowa City Folk housing. 229 North Gilbert Street is a Queen Anne Victorian built in 1897. While existing vinyl siding obscures many of the Victorian details, the house remains mostly unaltered both inside and out. On the interior, historic wallpaper in good condition exists alongside original trim and stained glass windows. The house was built by prominent local builder, Jacob Hotz, and featured in a promotional publication titled, the Commercial Magazine, in 1898. The homes are located in an area surrounded by commercial uses. The renovated homes will be an asset to the neighborhood as well as support arts and culture in our community. ATTACHMENTS: Description Resolution Agreements Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 19-185 Resolution setting a public hearing for August 6, 2019, on a proposal to convey 225 and 229 N. Gilbert Street to Public Space One. Whereas, the City purchased the single-family homes at 225 and 229 N. Gilbert St. as part of the UniverCity program; Whereas, due to the location of the homes and the surrounding commercial uses, staff wanted to determine the demand for retail, office and community arts and culture uses for these properties; Whereas, after a Request for Proposals was released to the community, Public Space One responded and signed the attached purchase agreements contingent on Council approval to acquire both homes as community art space for exhibitions, education and other events as well as a community print studio and individual artist studios; Whereas, the sale price is $203,177 for 225 N. Gilbert and $268,178 for 229 N. Gilbert (for a total of $471,355), which is based on the price the City paid to acquire the homes ($185,000 for 225 N. Gilbert and $250,000 for 229 N. Gilbert for a total of $435,000) plus the City's expenses incurred since acquisition (e.g., taxes, interest, utilities, and lawn maintenance); Whereas, the combined assessed value of the homes is $470,120; Whereas, in consideration for the City providing downpayment assistance of $116,000 ($58,000 per home) for 15 years, the City will have the right of first refusal and the right to 25% of the net sale proceeds if the house is sold (and the City does not exercise its right to purchase it); and Whereas, Council should hold a public hearing on the proposed conveyance. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: The City Council does hereby declare its intent to convey two single-family homes located at 225 and 229 N. Gilbert St., Iowa City, Iowa to Public Space One for a total of $471,355 ($203,177 and $268,178 respectively). 2. A public hearing on said proposed agreements, which are attached to this resolution, should be and is hereby set for August 6, 2019 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. 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. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 16th day of 2019. /-. ;V7�z7 G. Ma or APP ve b Attest:, � " City Clerk City Attorney's Office Resolution No. 19-185 Page 2 It was moved by Mims and seconded by Teague the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims _ x Salih x Taylor x Teague x Thomas x Throgmorton Drafted by: Susan Dulek, Ass'l. City Attorney, 410 E. Washington St., Iowa City, IA 52240;319/356-5030 PURCHASE AGREEMENT TO: City of Iowa City, Iowa (herein "Seller" or "City") Public Space One (herein "Buyer") hereby offers to buy, and the undersigned Seller, by its acceptance of this Agreement, agrees to sell the real property situated in Iowa City, Johnson County, Iowa, locally known as 225 N. Gilbert Street, Iowa City, Iowa and legally described as The according to recorded plat thereof, together with all the Seller's right, title and interest in all. buildings and improvements, if any located on the above-described real estate, and subject to any easements and appurtenant servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property". The Property shall be conveyed with good, clear and marketable title, subject to the following Permitted Exceptions: 1. Zoning and building laws and ordinances; and 2. covenants, restrictions, reservations and easements of record approved by Buyer. In consideration of the covenants and obligations contained herein, the Seller and Buyer agree as follows: 1. PURCHASE PRICE. The Purchase Price for the Property shall be $203,177, to be paid in full at the time of closing, all title objections being corrected to show marketable title. 2. REAL ESTATE TAXES. Seller shall pay the prorated share, based upon the date of closing, of the real estate taxes for the fiscal year in which closing occurs, due and payable in the subsequent fiscal year, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback and real estate tax exemptions that may be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1, 2019. If, at the time of closing, the tax rate has not been certified, then the most current certified tax rate shall be used. 3. SPECIAL ASSESSMENTS. Seller shall pay all installments of special assessments which have been certified to the Johnson County Treasurer for collection before the Closing date. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Buyer. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Buyer through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Buyer. 4. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance until closing or possession, whichever first occurs. Buyer may also insure the Property prior to closing or possession. The Property shall be preserved in its present condition, ordinary wear and tear excepted, and Seller shall deliver it intact at the time the Buyer takes possession. Prior to the Buyer taking possession, Seller shall promptly give written notice to the Buyer of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer (00285238) shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall have the option to either 1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or 2) terminate this Agreement effective immediately. 5. POSSESSION AND CLOSING. If Seller timely performs all obligations, possession of the Property shall be delivered to Buyer on August 12, 2019, and any adjustments of rent, insurance, taxes, interest and all charges attributable to the Seller's possession shall be made as of the date of closing. Closing shall occur after approval of title by Buyer's attorney and vacation of the Property by Seller. Seller agrees to permit Buyer to inspect the Property within 48 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as: fencing, gates, bushes, trees, shrubs and plants. 7. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to Buyer's attorney for examination. It shall show merchantable title in Seller in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or their assignees. 8. SURVEY. Buyer, at Buyer's expense, may have the Property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. If the survey is required under Chapter 354, Buyer shall pay the cost thereof. 9. CONDITION OF PROPERTY. Buyer may, at its sole expense, have the Property inspected by a person or persons of its choice to determine if there are any structural, mechanical, plumbing, electrical, environmental, or other deficiencies on the Property. In the event any structural, mechanical, plumbing, electrical, environmental, or other deficiencies are discovered on the Property and the cost to remove them is in excess of $2,000.00, Buyer shall have the option to terminate this Agreement effective immediately. In the event the cost to remedy the structural, mechanical, plumbing, electrical, environmental, or other deficiencies on the Property is $2,000.00 or less, the cost to remove them shall be borne solely by Buyer. 10. ENVIRONMENTAL MATTERS. (a) Seller warrants to the best of its 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 governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants 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 (00285238) sites, hazardous wastes or substances, or underground storage tanks. (b) Buyer may, at its expense, within 10 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. in the event any hazardous materials, substances, conditions or wastes are discovered on the Property and the cost to remove them is in excess of $5,000.00, Buyer shall have the option to terminate this Agreement effective immediately. In the event the cost to remove the hazardous materials, substances, conditions or wastes on the Property is $5,000.00 or less, the cost to remove them shall be home solely by Buyer. 11. DEED. Upon payment of the purchase price, Seller shall convey the Property to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by Buyer. 12. 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. 13. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to them. C. Buyer and Seller are also 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. 14. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the following addresses: Seller, City of Iowa City, City Clerk, 410 E. Washington, Iowa City, Iowa 52240; Buyer, % David Bright, 425 E. Oakdale Blvd. Suite 201, Coralville, IA 52241. 15. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 16. CITY COUNCIL APPROVAL. This agreement is subject to approval by the City Council of Iowa City as required by Section 364.7 of the Code of Iowa. 17. RIGHT OF FIRST REFUSAL. During the period from closing to August 1, 2034 ("15 -year period"), Buyer grants to City a right of first refusal to purchase the Property, all upon the same terms and conditions as City has determined that Buyer is prepared to accept from a bona fide purchaser. In the event Buyer receives such a bona fide offer to purchase which Buyer intends to accept, then Buyer (00285238) shall deliver to City written notice of such offer, including a copy of the offer, and stating Buyer's intention to accept the same. City shall have fifteen (15) days from the date Buyer gives notice to City of such bona fide offer within which to notify Buyer that City desires to purchase the Property all upon the same terms and conditions as set forth in the bona fide offer. If City fails to notify Buyer within such fifteen (15) day period of City's intention to purchase the Property on the same terns and conditions as set forth in the bona fide offer, then, in that event, this right of first refusal shall terminate and Buyer shall have the right to sell the Property to the bona fide offeror upon the terms and conditions set forth in the bona fide offer. In the event that Buyer does not sell the Property to the bona fide offeror, and that transaction is abandoned, then this right of first refusal shall be reinstated as to subsequent offers received by Buyer during the 15 -year period. if City does elect to exercise City's right of first refusal to purchase the Property on the same terms and conditions as set forth in a bona fide offer, then, in that event, Buyer shall in fact be obligated to perform as set forth in the bona fide offer according to the same terms and conditions as set forth in the bona fide offer. This right of first refusal shall expire at the end of the 15 -year period iflhe same has not sooner been exercised by City. 18. 229 N. GILBERT ST. This Agreement is contingent on the parties entering into a purchase agreement for 229 N. Gilbert Street, Iowa City, Iowa and City conveying to Buyer 229 N. Gilbert Street, which is legally described as: The North Fifty Feet of Lot One (1), Block Fifty -Eight (58), in Iowa City, Iowa, according to the recorded plat thereof. 19. FORGIVEABLE LOAN/RE-SALE. If Buyer sells the Property during the 15 -year period either to City as provided in Paragraph 17 herein, or to a bona fide purchaser, Buyer shall pay City at closing twenty-five percent (25%) of the net sale proceeds but in no event to exceed $58,000, which reflects the $58,000 in financial assistance provided by City to Buyer to acquire and rehabilitate the Property. Net sale proceeds means the sale price less Buyer's primary loan pay-off, real estate taxes, transfer tax, and any broker's commission. At or before closing, Buyer shall execute a promissory note for said forgivable loan and grant to Seller a mortgage, which will be junior to Buyer's primary mortgage, to secure said note. 20. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted and delivered to Seller on or before 2019, at _.m., this Agreement shall be null and void and all payments made shall be returned immediately to Buyer. This Offer is presented to the Seller on 2019. BUYER-PUBLI PACE ONE BY: n � Accepted this day of Geo ruin City Man er (SELLER) (00285238) 2019 at I?:/�— —& M. Drafted by: Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030 PURCHASE AGREEMENT TO: City of Iowa City, Iowa (herein "Seller" or "City") Public Space One (herein "Buyer") hereby offers to buy, and the undersigned Seller, by its acceptance of this Agreement, agrees to sell the real property situated in Iowa City, Johnson County, Iowa, locally known as 229 N. Gilbert Street, Iowa City, Iowa and legally described as The according to recorded plat thereof, together with all the Seller's right, title and interest in all buildings and improvements, if any located on the above-described real estate, and subject to any easements and appurtenant servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property". The Property shall be conveyed with good, clear and marketable title, subject to the following Permitted Exceptions: 1. Zoning and building laws and ordinances; and 2, covenants, restrictions, reservations and easements of record approved by Buyer. In consideration of the covenants and obligations contained herein, the Seller and Buyer agree as follows: 1. PURCHASE PRICE. The Purchase Price for the Property shall be $268,178, to be paid in full at the time of closing, all title objections being corrected to show marketable title. 2. REAL ESTATE TAXES. Seller shall pay the prorated share, based upon the date of closing, of the real estate taxes for the fiscal year in which closing occurs, due and payable in the subsequent fiscal year, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback and real estate tax exemptions that may be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1, 2019. If, at the time of closing, the tax rate has not been certified, then the most current certified tax rate shall be used. 3. SPECIAL ASSESSMENTS. Seller shall pay all installments of special assessments which have been certified to the Johnson County Treasurer for collection before the Closing date. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Buyer. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Buyer through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Buyer. 4. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance until closing or possession, whichever first occurs. Buyer may also insure the Property prior to closing or possession. The Property shall be preserved in its present condition, ordinary wear and tear excepted, and Seller shall deliver it intact at the time the Buyer takes possession. Prior to the Buyer taking possession, Seller shall promptly give written notice to the Buyer of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer {00285239} shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall have the option to either 1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or 2) terminate this Agreement effective immediately. 5. POSSESSION AND CLOSING. If Seller timely performs all obligations, possession of the Property shall be delivered to Buyer on August 12, 2019, and any adjustments of rent, insurance, taxes, interest and all charges attributable to the Seller's possession shall be made as of the date of closing. Closing shall occur after approval of title by Buyer's attorney and vacation of the Property by Seller. Seller agrees to permit Buyer to inspect the Property within 48 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as: fencing, gates, bushes, trees, shrubs and plants. 7. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to Buyer's attorney for examination. It shall show merchantable title in Seller in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or their assignees. 8. SURVEY. Buyer, at Buyer's expense, may have the Property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. If the survey is required under Chapter 354, Buyer shall pay the cost thereof. 9. CONDITION OF PROPERTY. Buyer may, at its sole expense, have the Property inspected by a person or persons of its choice to determine if there are any structural, mechanical, plumbing, electrical, environmental, or other deficiencies on the Property. In the event any structural, mechanical, plumbing, electrical, environmental, or other deficiencies are discovered on the Property and the cost to remove them is in excess of $2,000.00, Buyer shall have the option to terminate this Agreement effective immediately. In the event the cost to remedy the structural, mechanical, plumbing, electrical, environmental, or other deficiencies on the Property is $2,000.00 or less, the cost to remove them shall be borne solely by Buyer. 10. ENVIRONMENTAL MATTERS. (a) Seller warrants to the best of its 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 governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants 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 (002852391 sites, hazardous wastes or substances, or underground storage tanks. (b) Buyer may, at its expense, within 10 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property and the cost to remove them is in excess of $5,000.00, Buyer shall have the option to terminate this Agreement effective immediately. In the event the cost to remove the hazardous materials, substances, conditions or wastes on the Property is $5,000.00 or less, the cost to remove them shall be home solely by Buyer. 11. DEED. Upon payment of the purchase price, Seller shall convey the Property to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by Buyer. 12. 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. 13. REMEDIES OF THE PARTIES. A. If Buyer fails to timely perforin this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to them. C. Buyer and Seller are also 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. 14. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the following addresses: Seller, City of Iowa City, City Clerk, 410 E. Washington, Iowa City, Iowa 52240; Buyer, % David Bright, 425 E. Oakdale Blvd. Suite 201, Coralville, IA 52241. 15. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 16. CITY COUNCIL APPROVAL. This agreement is subject to approval by the City Council of Iowa City as required by Section 364.7 of the Code of Iowa. 17. RIGHT OF FIRST REFUSAL. During the period from closing to August 1, 2034 ("15 -year period"), Buyer grants to City a right of first refusal to purchase the Property, all upon the same terms and conditions as City has determined that Buyer is prepared to accept from a bona fide purchaser. In the event Buyer receives such a bona fide offer to purchase which Buyer intends to accept, then Buyer {00285239) shall deliver to City written notice of such offer, including a copy of the offer, and stating Buyer's intention to accept the same. City shall have fifteen (15) days from the date Buyer gives notice to City of such bona fide offer within which to notify Buyer that City desires to purchase the Property all upon the same terms and conditions as set forth in the bona fide offer. If City fails to notify Buyer within such fifteen (15) day period of City's intention to purchase the Property on the same terms and conditions as set forth in the bona fide offer, then, in that event, this right of first refusal shall terminate and Buyer shall have the right to sell the Property to the bona fide offeror upon the terms and conditions set forth in the bona fide offer. In the event that Buyer does not sell the Property to the bona fide offeror, and that transaction is abandoned, then this right of first refusal shall be reinstated as to subsequent offers received by Buyer during the 15 -year period. If City does elect to exercise City's right of first refusal to purchase the Property on the same terms and conditions as set forth in a bona fide offer, then, in that event, Buyer shall in fact be obligated to perform as set forth in the bona fide offer according to the same terms and conditions as set forth in the bona fide offer. This right of first refusal shall expire at the end of the 15 -year period if the same has not sooner been exercised by City. 18. 225 N. GILBERT ST. This Agreement is contingent on the parties entering into a purchase agreement for 225 N. Gilbert Street, Iowa City, Iowa and City conveying to Buyer 225 N. Gilbert Street, which is legally described as: The North 55 feet of the South 100 feet of Lot One and the East 10 feet of the South 60 feet of Lot 2, all in Block Fifty -Eight, in Iowa City, Iowa, according to the recorded plat thereof. 19. FORGIVEABLE LOAN/RE-SALE. If Buyer sells the Property during the 15 -year period either to City as provided in Paragraph 17 herein, or to a bona fide purchaser, Buyer shall pay City at closing twenty-five percent (25%) of the net sale proceeds but in no event to exceed $58,000, which reflects the $58,000 in financial assistance provided by City to Buyer to acquire and rehabilitate the Property. Net sale proceeds means the sale price less Buyer's primary loan pay-off, real estate taxes, transfer tax, and any broker's commission. At or before closing, Buyer shall execute a promissory note for said forgivable loan and grant to Seller a mortgage, which will be junior to Buyer's primary mortgage, to secure said note. 20. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted and delivered to Seller on or before 2019, at .in., this Agreement shall be null and void and all payments made shall be retuned immediately to Buyer. This Offer is presented to the Seller on 2019. BUYER -P LI PACE ONE BY: Accepted this //f day of Ja City ManaKr(SELLER) 2019 at (002852391 � AM. 10.&` 10,b NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 61^ day of August, 2019, at 7:00 p.m. in the Emma J. Harvat Hall of the Iowa City City Hall, 410 E. 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; at which hearing the Council will consider a Resolution Authorizing Conveyance of 225 N. Gilbert St. and 229 N. Gilbert St. to Public Space One. A copy of the proposed resolution is on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. KELLIE K. FRUEHLING, CITY CLERK Item Number: 11. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT July 16, 2019 Resolution approving the conveyance of a utility easement to Central Iowa Power Cooperative. Prepared By: Ron Knoche, Public Works Director Reviewed By: Geoff Fruin, City Manager Fiscal Impact: $31,104.00 Recommendations: Staff: Approval C •uu •1 ►/_1 Attachments: Location Map Resolution Easement Agreement Executive Summary: Central Iowa Power Cooperative desires to install an electrical transmission line within City of Iowa City property located at the Iowa City Landfill. The fair market value of the property was determined by utilizing the most recent corn suitability rating data. Staff has negotiated the terms and payment for the utility easement to be paid by the Central I owa Power Cooperative. Staff recommends approving the resolution on the conveyance of the utility easement. Background /Analysis: In 2018, JCG Land Services, Inc. contacted the City on behalf of the Central Iowa Power Cooperative. Central Iowa Power Cooperative will be upgrading their electrical distribution by constructing the Linn County Loop project. This project will be constructed along the east property line and a small portion of the north property line of the Iowa City Landfill and will not have an impact on the Landfill operations. The Linn County Loop double circuit transmission line will begin at the future Johnson Substation near Hills, IA and will run through the future Clear Creek Substation near Tiffin and terminate at the future Swan Lake Substation west of North Liberty. This new transmission source is needed in this area because of the faster than normal growth in the Iowa City, Tiffin, Coralville and North Liberty areas over the last 15-20 years. The current system has virtually no backup capacity because of the growth in the area. For residential and commercial growth to continue with a reliable electrical source, this new line needs to be built. It will provide more reliable service to customers of Alliant Energy, Linn County REC and Eastern Iowa Light & Power Cooperative. All three of these distribution services provide service to customers in and around Iowa City. This utility easement will allow the Central Iowa Power Cooperative to install, operate and maintain an electrical transmission line within the Iowa City Landfill property. ATTACHMENTS: Description Location Map Resolution Easement Agreement / Thls drawing shall be used 50' X 5U' solely for easement description purposes and thus may only be relied upon for such purpose. Said Easement Contains: 167,248 Sq. Feet +/- City of Iowa City 3 PIN: 1114151001 v Q 2 City of Iowa City PIN: 1114176100 50' --► � City of Iowa City PIN: 1114426001 410 E Washington Street Iowa City, Iowa 52240 50'—► � Section 14 T79N-R07W Johnson County, IA Exhibit A 1in=500 ft ® Easement Area Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 19-186 Resolution approving the conveyance of a utility easement to Central Iowa Power Cooperative Whereas, Central Iowa Power Cooperative (CIPCO) has requested that the City convey to it a utility easement and has offered to purchase the easement at fair market value; and Whereas, Staff recommends approval of the conveyance; and Whereas, it is in the public interest to convey the easement pursuant to the attached right-of-way easement agreement for fair market value; and Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The Mayor and City Clerk are hereby authorized to execute and attest the attached right-of-way easement agreement and all other documents, in a form approved by the City Attorney, necessary to convey a permanent utility easement to CIPCO for the price of $31,104.00. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law, and to have any and all necessary documents recorded with the Johnson County Recorder at CIPCO's expense. Passed and approved this 16th day of Jul Attest: JZ City Jerk 2019 A��- MeKyor Approved - �`}� Jd�- 0 - City Attorney's Office It was moved by Mims and seconded by adopted, and upon roll call there were: Ayes: X X X x X X Nays: Cole Absent: Cole the Resolution be Mims x Salih Taylor Teague Thomas Throgmorton H. This dozumeul was prepared 0 and after recording return to: Daniel I Kaahuot_ Central Iowa Porter I'ooperatlre, "UU Highwao WE. P.to Be, 251 T ( ,I IA 3406 10 0111) 06 151 ' RIGHT-OF-AA'AI EASEMENT AGREEMENT I I IIS t,CRLLN1LN I. made and entered Aw this da) at a 0 7 j bs and bancen Uty of loma C in, a a ( An of t CM Imra. It ILIA to amps ,allU tug pt tperty In lohnson Counts,lotto(haoinaNN "(Planners') and CENTRAL IOW A VIIA I. R COOPERATIV E. an Iossa coopsam e enrporatiou ss ith [1, princiry 1 place of business In Cedar Rapids. l'A' d i l crclnIIIIa A vopen stive"1: WITNESSE fbi WI ICCOudl A the rein esmle in lohnson County. We, Netathed as: The Soulhaes[Quarter ISL:aI and the Soulhweel QumLei SW /,l of Me Northeast Quarter i NL =t eacepling therefrom the tolloIs ins, described real estate, to -I,, it: Commencing x Itis Smtthweer comer, Ili the Northcen Quarter of Section 13, Tcnsnship 79 Not RaI1p,C 7 West of the 5°Piincipal Muidrw; thence N n0 00- 00" I.. (an assumed bsanas) along the West line of sold Northeast Quarter 121637 lett. to the Sorthsecsl not mer optic Southwest Quarter of said Noithaaat Quarter of Scctlon 14; thence A' S7 IT 2i I._ 0, AN tea to the Pollll of Hcsinning: Area N 89` 7' 25- F. 12n1 71 ON along the Norre line of said Southsast Quaren. to the Non(hCaSL Moet of said Southwest Qu seta, I the'Nort heart Quarles, of sold ,en lon 11 thence S NI' Oa 7c' NV. 642.99 feet clung the East true of said Outhu'IV Quarter ofthe Northeast Quartet of SCCtloll 14; thence S 39' 28' 71 W', I -'6d `0 IeCt; thence A' No' 00' M- E. 683.83 feet to the Pnlnt vC Revinniml. Said "n of land contains "u (I6 cans mar: I)] loss, suh'Icct to casnllaAl and resrtmGons d record. All ofthe chose being located in Section I. Township 79 North, Range 7 West of the 5" PAY lohnson Counts. Iowa: AND comrnendns at the Southset Corner of the Notdteast Quarter A Section 13, 1 est why 79 Nosh, Range 7 "Qst of the 5" P_A1 (he the purpose W the Iegnl linai"011, the west line A :old Noltheo_t Quar®r is assuntecl to hear North)'. Thence Notch 89' ki 52" E, 13095 I fest along the OUT Iine of said Northeast Quarter, to the NMI," state Corner otitic Southeast Quarter ol'wid Northaast Quarter of SWLIOU Id, which is the Point-of-Iie.eluni i:,. 'I hcncc Nook W 0. 45' 1 . 350.00 On alone the West l rte 0 w Soullmn Quarter nfthe Northam) Quartar of Section IN_ I hence North 8Y' 15' 1" "E 200 test. Thence South U r OS' 45" W. 110.00 feel to the South Ihtc ofsaid Southeast Qunner of the Norlhcast Quartet of Section Id Thence South 89` I T 10 In AM 00 ON along said South lino to the Point-nt-6epinning. Slid ran of lain coutalmT apiNUMAtately 1 6 acres, .AND cnmmenciug al the SAN corner of the SE qutrtcr of the NE gmin M Scctlon 17, 179N, 127 W. W dee `^' RM: thence N X9` I -' S_" E, 20000 feet to the point of beginning: thence N or 0 d5" E, 50,00 ten. tlmucc N 8)' IS 0- F, 4 109.59 ko to a point to ttc East line )f,aid SE quarter of itis NF quarter, thence S Ila 11 31` IN, 50 00 reel In the SE corner of the NE quarter of Section A Ounce S 80 15 s„' In 1,I193l Icct to the Point of B2 Annual, Said tract otland contains I ' 7 acres mote or less, aNII a part of the l(nrtheavl `t of the Nt olwast -I, Semon 14,'1 nwnship 7p north. Purge 7 he” of the I iT 'nwipal Meridian, lohnson Conn, lotto tw'ther dascrlbed is tdloscs- ( "ninienc'mgm rho Suutheust Can. AAM Nonhea a Quartet Section N, Township 71) Korth_ Range 7 AVCS( ofrho FAA Pon ipal M ndien, Johnson Caluly Iowa; Thence N Al 08 4K L 5"6 fat along the cu'I line at Soutlledel /I Northeast ,said Section 14 to the point of heoinning_ I Bance N 89' IT 34 W 1101) Al fee r, 'I hence N 00' 12 4t I "'99510 on: I lmnu S Y9' 14' 28 111 30(1.7^_ test to the ¢'est Iine of the Southeast' I Nenthc,AA I ofsaid Ssction 14, Thane V 00' 01 -10' I, 307J7 1', a clan,' the west Are Of the o(NiffiClot I Noilhcast '. of said Al the Korth Are of the South ''S of the SoLlIhn<1 %NOrlha A,L , still Section 14: 1hcnce N 89' 1 N 'T 1. 1310.43 feet along the Nathline of III. South '-= of the Soulhoa>t Il Nnrthda,l il to the Lost Iine of the Southeast 1a 1 still Section 13: Ihence S i)i fit 4, R h0 c.s5 Ieet along the Best line of che:nnlheast Ncrthoa.t I,, sold Section 11 to the paint of beginnine. Containing 15 90 acral nous m Ies6. for the purpose 1f this Ic_al descripl Ion the east lie of the Northeast lection 11 a .usumod w Fell N 00° OS Is E; AND the north n+urn roes of the aouthmcst quarter of the nsrthesst quarto of Sedan 14 1 olvnshife 79 North, Range 7 Rest of dic j1' P M , luhnaon County, lolva- and, WIIEREAS. Cooperative desires to obtain or permanent easement from Grantors ,,era 1110111111 of the .1,,critrod property. and to eonIli LI opatate, and maintain sn elcLII to Irmvnfission lute anT'or 5y5teIII wind uppuricnent Iaullnel on said property, and Gi w1oro etc willing 11 _rant such on casement for said purposes incl, 9dHERE S (Itintor and Coaperstne desire to set lot th in this Aateemenr the alts and candttinns pursuanl to which Chant tsshall ,tantto Coope atvc an enscmcnt oyer the des iloud It[ opere_ I l Is, TI IERE GORGol L)NS WkR 1l 10, Of TI IE %IIITI.AL CCMI HANTS I IFREIN IAPRI SSF:1), AGRFFD 61' AND BET \ATI sl I HId 1'rARI IFS 1S FOLD-Ak S_ I _ (-limon II reh1 _rant to C ooI'erotive ItIuccessots anCTO I esslgns, a pennanenl and perpetIIaI eisemcnI over the properg' Jesnri lied as Id ov.s'. d strip o lend RiIty (CO) teet in It dth Itill rmg coimc1Ill, III oath !1110 Nast Ilse otthe SUUII0atio Quarter (Si I II oI the Noi Ieast 0u,ukr (NL I; of Section Fctutecn (I I o I u,,mhlp Severin -nine (79) North, Range n (7) R est(If the filth Principal EIC IIdiin. Johnson C. iInIILy_ 11,,9. A strip of IarIJ Filh IIf) teet in width lamina commilc t frith the Fast Ilnc of the Southeast Quarter SI 1 o ofScetton Fourteen ( I1), Township CIIeIItV-niIle 170) Nolh, Range Seven 1 _1 West of the Fifih Pr'mcipal Meridian, Johnson County. IOIos. Ili, East Pile r `I0I teat of the North Pilly (sill feet atthe Soudnvicet QIMITC[ I Sti' -It otthe Northrtsl Qu ntet fNP_<p of ticcLion Naurtccn (11),"I ull nshrp Se<cnly-niIle (791 North Range ern it f7) N est of IIle 511111 Principal Met diaa Iohncon Counts, lot.va. m to construct. erect recnnsn'uct. cold ut, relocate, lehuild, m tdifv. ehonga [dating volae ilplace. repair, panel. operate eutd nutntsin on the shove described lairlk overhead }stem for trouvntvvlon of cloctlic ever',, data andlor communications which mal include, but 11111 be IIIl11Ied to conduetot eahlcs, sails wit Cs, ge} wires. IIbet optic IlFIee_ anchors, poles_ lard e asscmhlies end other Ile CC SIX appu rte hent faalmes ns nral he leceaan in order l0 propel I support operate, Ind maintain said lines;w.ranu. across 0110 above described land,- Cooperalle shall rete the right to Ikensc, permit 0r whetv,lsc agree to rhe 'Joint use of the uahl� planted hereln cs'Irhiu rhe Easement ,Area. I he ( opartlie,o 'hall diva rhe Grantors Glc dal, nonce. e,tcludlna Sntll'JIC and SanJa1. phot to agreeing to liceming, per nlittl ng or aLJICJ oinc use o!t he 11`1111 ssranted. All lacihtits placed by e x perative m the casement Ilea shall tre otyrted by and remain the propcnv nt Coopunthe_ _. Cooperati" shall consnuU, operate, '1111 maintain the trtns missl sn Imel and appurlenant tadillties 'm accord i\in the requirements ul the Nacional Flectric Sar,i� Code, the Iowa I Ionic Safer, Code. and the Rules and Regulations ul the 11111LI ULIIIIIe> Road. -1. Cooperatn'c shall hnve the right to cut and trim tines and shrubbcr_, IN lthin the casement gree and III m,e chemical harsh control pmlcdures to the euenc aeLeS'ar1'sothe1 will not 'interfere 111th or endyn ucr the operator: or maintenance of the transmission Imo hooted nr to he l ICaJNT on the properh and t0 cur down Rom title to tilt e all dead. weak, leaning r danoefOnS trees Lhal arc rc11 enough to strike the I'Iles in fallim" Gramorts agree chatthe}' chill not plass_ or allow to Le plaoctl 'an} FuflJinK. A UCLurC or ohjac of Inv kind within the casentenl arae mthouc specific Imiten autl'o vatlou Wim ( orperamc the GrnnrOr retains the right to instill and mountain existing sod future monitoring !yell', m long dim the t1clla JO nal InLorlcrc 1,111 rhe ca_anrenr m hG. U. In aJLILion to the easement area daCiit d iu p ml-laph L Grant s Brant to ( oofelam, Ilio right to elite] upon the propan of (;11,11()l,, in lit der to permit Cooparatic'e to "cess the easement areu end asho n cunstruction and maintenance work on tae hansmr cion line and appurtaiant Inc I l in,,_'fhc Coope mtae shall Ln'e the Grantors five dw, notice escluiio, OWN, and Sunday_ prior to I on4ructoOil ur maintenance. eeec[It fit aucr°en']y SitLnAann, whcio Immediate work is required. In consideration for the eaeetncnt rights granlal to Cooperate<e putsunntto & v Avie"wnt, Calfwa nu shall an Grantors the Will easement eom vronvion amount upon grannng Of said COMMA Said casement I'et mdudas compensation tot the right granted to Cooperative to all and Ann Ecce and aht utiOn within the easemart can In ttddotimt to said compensation, Cocp olme shall also pay Granton Wr al damage to the property of Grantors Intl eed be uxnSit Lilt i no, maiatai nen, Icplaeem', rebuilding. repairing, or rar im.*, sand h'nnernaision line and facilitios. Payinent tot dtmades shall be made al the completion ol'tile work Imaknmed by Cooperative which 2IUIkLIl in ',Ill] torr),,'. The Poregoong compeumbon ammmt v based upon thew schedule ofcompcnwhon nraini by the Cooperative In the well the one oa requited to be reeoas mond w redvTw on such a ", ]hal additional poles_ anchors, or other appurtenances are placed upon the properly of the Grmlors_ then additional compensation shtdl be paid to Grnnnts basod upon the schedule of eompcnnffiion maintained by Cooperative at the time of such mconstniaton or redesign. 8. 1 he eaarucnt ocand hp the .Ap eemem QLA be pCnuauatl and perpclual_ shall he bindeug upon Grant 1, lilt Co pn"alve, and their rcepeali\e uce essorF, heirs, bamillianes. devisee_ ,ra ucci, lennrls, and ussun<_ and 111,111 run with the land_ 9. Cronaxs shall have the ieghl to cancel thy, lgrocmant by mal Inn to Cooperadre o nolle, of camellatoon by canted maul, with return re1ITI req wMA w C'oopamine's prencepal plocc of hustle's. Said notice nuut he received be Cooperu'rve v""n wwn 0 days, exMing Samrda] and Sundae, of the date ofthes Ag lococnt. Grantors adwolylcJOc that [het have been Infornmd by CoopetnGve of then IOM m cancel they Agrccurcm an w signing it, and the, hereby acknmt Who, receipt from Conperativc Of a duplicate copy of ]hes AI_reemunt which they mac use as n Notice of Cancellation." Cooperative agtecs [hill d s+111 not record this Agreement until after the autcdlation period has expired. This tight of cancellation maty be csercesed only once fotlhn tian'011,ion line project. I (I Su bjecl only tithe richt otcancellation set ninth in aunt naph Y tttls Agreement shall be effect -o upon e-uinnn by the partes, and shall continue in toll force and effect until all of its ICllna and conditions hnvc bccn flung painnicd. EXE,( l I FED the daa and Year first (ibo%: written. (ill VSION 't (In w loa'o Cit, i.k ee t,It, of Inwe ("I), lifntga, a munIcII,aI uvpo'luon print, James Thro;;morton Prill('. Kellie K. Fruehlinl 11LI c: Mayor STAT[ OF IOWA ) cOl"AIY f Till, _. City Cierk On Chit 1(,-01 daV of 11 L _ 201_ hetore me, the undersigned_ a Nutnn Public in and for the Shte of Iowa. parssnally appiJ,d AcxMe,, N .M W ✓l for Cin of lora Ch(e Le City III lots Cilp, 10I a. e munidpel un porntion In i"l, per nalh Mot.n Io be the person mho e\anuted the tiu,✓oinp inane m,II(. end acl.lo, ledp! 111 tal he erecutecl the same us hl. YUltm(Al A act dud dcc(l. .CI#tISn,ENEY ^OL ewmo Evil" SIAL[ OI' IOWA ) ss. COUNTY OF "NoleO Public ire nod lbrthc Sla(e ofluwa Un th is��daN of _. '_(1 N Torr mc. the and rc , n N111,M PUNIC in and ini the State of lol,a persi ntll dppe red jPl1l P �"`j �(��,(Q � I�"/1 Ihr Cin Itt I twe Cit, a IF a Cinof Is t a Cit', torr �, a nuIIAlOpel corporation III na to be file person tcha etewted the foreyoine instrument ani acknowledged thrt he c.ascuted the'anm as his Yoluuan-v flet and deed. CHRISTINE OLNEY uhllo In and la%-dr1 C*mmission Number 806272 ♦ s Myo minion Exp Slme'If larva OR NTFI- C tw[i Pottai Cooperative, au lona coopuallve Simon �I�� Sion Prime Pnnl: I I'Itlz. 9IA IE OF IOWA I)( IN LIw� On this S dev of s 1 70_I S. h •fare me the und.rsigned, s Nomn, Public In and lol the Slate of lona parer nal y Jppraied -b i j3w-nfi t"l l.CnI1 11 Iowa Prover CoopeILL i ve, an Iowa cooperal ice io me pervonaIIp knotv n to be the person who cncd orad the lure going' iilcnncnt, end Llcknovled^Cd that c c,ccuted Uae.amc as his rolu111,n act 2nd deed. DANIEL KETCNUM ''p�^ cwrmiwan Humter ne��1 tM M/Con mOiap Ezgiva STATE OF IOWA 1 COLNIY OF �� \nlary Public in and lar the Stetc of lotca On this day of . 20 , before me, the Lill, lencd, a NoLJ1v PINK in and for Iha State of lona, peIsonallr appeared Int CCnn al Iowa Parc el Couprndve, an lona coopuatne corpnralion m me hei.onaliy kuu.an to ba the person at ho o,e( wul the fttrclzoing instrument and acknon l dged 01,11 he ezeculed Lhc ssme as his coluntary as and daed Nolary PuhGc in and for the Stale 01 Iurru NOTICF. OF CANCELLATION Central Iowa Paver Cooperative P.O. Bos 2517 CeddII Rapids. Iowa > X106- 7 'IIIc Linde Ii tined hercbs cancel (Itis Aereci nent. DATFD Bois. CHN oflowa Cih a/k/a City of Inrra Cily, lo"A. a nunticil l corporation Print Tide Prins' Tide: Prepared by: Eleanor M. Dilkes, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. Resolution of intent to consider the proposed conveyance of a utility easement to C tral Iowa Power Cooperative a d setting a public hearing thereon for July 1 2019 Whereas, Central Iowa P er Cooperative (CIPCO) has equested that the City convey to it a utility easement and has offe d to purchase the easem t at fair market value; and Whereas, it is in the public intere t to convey a uZlowa asement to CIPCO for fair market value Now, therefore, be it resolved by the ity Council City, Iowa, that: 1. The City Council does hereby de tare s intent to consider the conveyance of a utility easement to CIPCO, subject to a n f - way easement agreement as attached hereto for $31,104.00. 2. A public hearing on said proposal ould and is hereby set for July 16, 2019, at 7:00 p.m. in Emma J. Harvat Hall at City II, 410E t Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the ne meeting oft City Council thereafter as posted by the City Clerk, and that the City Clerk a and is hereby 'rected to cause notice of said public hearing to be published as provided law. Passed and approved this / day of Attest: City Clerk It was m adopted, Mayor and seconded by pon roll call there were: Ayes: Nays: city Absent: _, 2019 0 � t by - r <rn � a co e'ys Of669 w the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton N 0 C:) C"n A = .<r. a m m = o� m Q This meot wee prepared by and ager recording return to: Daniel T. Ketchum, Central 1 Powereoperative; 1400 hway 13 SE, P.O. Box 2517, Cedar Rapids, IA 52406. Tel. (319) 366-4512 yy W N RIGHT-O&WAY EASEMENT AGREE T THIS A EMENT, made and entered into this day 20_ , by and between City of to City, a/k/a Ciry of Iowa City, Iowa, a munici corporation, owning property in Johnson Conmty, low ereinafter "Grantors") and CENTRAL 1 A POWER COOPERATIVE, an Iowa cooperative corpo 'on with its principal place of busine in Cedar Rapids, Iowa (hereinafter "Cooperative'); WITNESSETH: WHEREAS, Grantors are th wners of rec of the real estate in Johnson County, Iowa, described as: The Southeast Quarter (SEY.) and th mhwest Quarter (SW''/) of the Northeast Quarter (NE'/.) excepting therefrom the foil mg described real estate, to -wit: Commencing at the Southwest comer, of the Northeast of Section 14, Township 79 North, Range 7 West of the 5'" Principal Meridian; the e N 00 ' 00" E, (an assumed bearing) along the West line of said Northeast Quarter 1 6.37 feet, the Northwest comer of the Southwest Quarter of said Northeast Quarter of S ction 14tl-, N 89° 1 T 25" E, 46.00 feet to the Point of Beginning; thence N 89° 17' S" E, 1265.71 fee long the North line of said Southwest Quarter, to the Northeast c er of said Southwes erter, of the Northeast Quarter, of said Section 14; thence S, 00036' 45" W, 692.99 feet alo\Section14, the East line of said Southwest Quarter of the Northeast Quarte of Section 14; thence S 89' 41" W, 1264.50 feet; thence N 00° 00' 00" E, 6e8.83 fee o the Point of Beginning. Sct of land contains 20.06 acres more or less, subject to ea menta and restrictions of rec. A of the above being located in Section 14, Towns p 79 North, Range 7 West of thu P. ., Johnson County, Iowa; AND commencing at Southwest Comer of the NortheQuart of Section 14, Township 79 North, Range 7 est of the 5'" P.M. (For the purpoof this le al description, the west line of said Northeast erter is assumed to bear North): Tce North 9° 15' 52" E, 1309.51 feet along the So line of said Northeast Quarter, to thSouthwest er of the Southeast Quarte; of id Northeast Quarter of Section 14, whh is the Point- -Beginning; Thence North 0° 0 ' 45" E, 350.00 feet along the West line said IS., uaner of the Northeast Quarter Section 14; Thence North 89° 15' 52" E,0 feet; Thence S th 0° 05' 45" W, 350.00 et to the South line of said Southeast Quaof the Northeast erter of Section 14; Thence South 89° I S' 15" W, 200.00 feet along saiouth line to the Poin f -Beginning. Said act of land containing approximately 1.61 ac; AND commencing a the SW comer of t e SE quarter of the NE quarter of Section 14, TN, R7W, of the 5's P.M., thence N 89° 1 52 E, 200.00 feet to the point of beginning; the N 00° 05' 45" E, 50.00 et; thence N 15' 52" E, 1,109.59 feet to a point on the East lof said SE quarter of the quarter; ence S 00° 11' 31" W, 50.00 feet to the SE comef the NE quarter of Section 1 ,thence S 89° 15' 52" W, 1,109.51 feet to the Point of Beginn. Said tract of land contains 1. acres more or less; AND apart of the Southeast %4 of the rtheast %., Section 14, TownshipNorth, Range 7 West of the Fifth Principal MeridiaJohnson County, Iowa further desc edas follows: Commencing at the Southeast Comer oe Northeast Quarter Section 14,Township 79 North, Range 7 West of the Fifth Prinal Meridian, Johnson County, Iowa; Thence N 00° 08' 45" E 50.06 feetalong the east line of the Southeast '/ Northeast V. said Section 14 to the point of beginning; Thence S 890 13' 34"W 1109.59 feet; Thence N 00° 12' 43" E 299.90 feet; Thence S 89° 14' 28" W 200.72 feet to the west line of the Southeast Northeast V. of said Section 14; Thence N 00° 03' 40" E 307.97 feet along the west line of the Southeast V. Northeast '/4 of said to the North line of the South 'h of the Southeast Y. Northeast '/. said Section 14; Thence N 89° 14' 33" E 1310.42 feet along the Northline of the South %, of the Southeast''/. Northeast'/. to the east line of the Southeast '/. Northeast V. said Section 14; Thence S 00° 08' 45" W 607.55 feet along the east line of the Southeast '/. Northeast %4 said Section 14 to the point of beginning. Containing 16.90 acres more or less. For the purpose of this legal description the east line of the Northeast Y4 Section 14 is assumed to bear N 00' 08' 45" E; AND the north twenty acres of the southwest quarter of the northeast quarter of Section 14, Township 79 North, Range 7 West of the 51s P.M., Johnson County, Iowa. and, WHEREAS, Cooperative desires to obtain a permanent easement from Grantors over a portion of the described pro and to construct, operate, and maintain an electric transmt ion line and/or system and appurtenant fad 'ties on said property, and Grantors are willing to grantsuc¢'an easement for said purposes; and, / WHEREAS, rantors and Cooperative desire to set forth in th greement the terns and conditions pursuant tohicIt Grantors shall grant to Cooperative an sement over the described property; ITIS, THEREFO WVBETWEENTHE ATION OF MUTUAL COVENANTS HEREIN EXPRESSED, AGREED BY EN THE P TIES AS FOLLOWS: 1. Grantors hereby grant t,its s cessors and/or assigns, a permanent and perpetual easement over the property descws:A strip of land Fifly (50) g coincident with the East line of the Southeast Quarter (SE'/) of the Northeast Qof Section Fourteen (14), Township Seventy-nine (79) North, Range Seven (7) Wth Principal Meridian, Johnson County, Iowa. A strip of land Fifty (50) feet ' width nly (SE'/.) of Section Fourteen ), Township Fifth Principal Meridian, J[plinson County, coincident with the East line of the Southeast Quarter ,enty-nine (79) North, Range Seven (7) West of the The East Fifty (50) fe of the North Fifty (50)� Northeast Quarter'/.) of Section Fourteen ( Seven (7) West of P Fifth Principal Meridian, and, to construct, erect econstruc[, add to, relocate, rebuild, mod\chmge e operating voltage, rep3$ patrol, operate d maintain on the above described lands, system for vansmiss ?>'[elect�gF energy, data or communications which may include, blimited to conductor, blas, stedc wires, guy es, fiber optic cables, anchors, poles, lattice es and other necessary appurte facilities as y be necessary in order to properly suppo, and maintain said lines/syatems, across the ve described lands. Cooperative shall have theicense, permit or otherwise agree to the joint se of the rights granted herein within the Ease. The Cooperative shall give the Crrantor five days notice, excluding Saturday and Sunday, a eeing to licensing, permitting or other j int use of the rights granted. 2. / All facilities placed by Cooperative in the easement area shall be o by and remain the p of Cooperative. \ 7. Cooperative shall construct, operate, and maintain the transmission line end appurtenant facilities in accord with the requirements of the National Electric Safety Code, th Iowa Electric Safety Code, and the Rules and Regulations of the Iowa Utilities Board. 4. Cooperative shall have the right to cut and trim trees and shrubbery within easement area and to use chemical brush control procedures to the extent necessary so they will not ince re with or endanger the operation or maintenance of the transmission line located or to be located,\n the property and to cut down from time to time all dead, weak, leaning or dangerous trees that are tall nough to strike the wives in falling. S. Grantors agree that they will not place, or allow to be placed any building, structure,\r object of any kind within the easement area without specific written authorisation from Cooperative. 1A Grantor retains the right to install and maintain existing and future monitoring wells, so long that the we's do not interfere with the easement rights. 6. In addition to the easement area described in paragraph 1, Grantors grant to Cooperative the tl r— m 0 o_ of the Southwest Quarter (SW'/4) ot& e Township Seventy-nine (79) Norte C mon County, Iowa. r— :< r M r' to construct, erect econstruc[, add to, relocate, rebuild, mod\chmge e operating voltage, rep3$ patrol, operate d maintain on the above described lands, system for vansmiss ?>'[elect�gF energy, data or communications which may include, blimited to conductor, blas, stedc wires, guy es, fiber optic cables, anchors, poles, lattice es and other necessary appurte facilities as y be necessary in order to properly suppo, and maintain said lines/syatems, across the ve described lands. Cooperative shall have theicense, permit or otherwise agree to the joint se of the rights granted herein within the Ease. The Cooperative shall give the Crrantor five days notice, excluding Saturday and Sunday, a eeing to licensing, permitting or other j int use of the rights granted. 2. / All facilities placed by Cooperative in the easement area shall be o by and remain the p of Cooperative. \ 7. Cooperative shall construct, operate, and maintain the transmission line end appurtenant facilities in accord with the requirements of the National Electric Safety Code, th Iowa Electric Safety Code, and the Rules and Regulations of the Iowa Utilities Board. 4. Cooperative shall have the right to cut and trim trees and shrubbery within easement area and to use chemical brush control procedures to the extent necessary so they will not ince re with or endanger the operation or maintenance of the transmission line located or to be located,\n the property and to cut down from time to time all dead, weak, leaning or dangerous trees that are tall nough to strike the wives in falling. S. Grantors agree that they will not place, or allow to be placed any building, structure,\r object of any kind within the easement area without specific written authorisation from Cooperative. 1A Grantor retains the right to install and maintain existing and future monitoring wells, so long that the we's do not interfere with the easement rights. 6. In addition to the easement area described in paragraph 1, Grantors grant to Cooperative the tl r— m 0 to enter upon the property of Grantors in order to permit Cooperative to access the easement area and perform construction and maintenance work on the transmission line and appurtenant facilities. The Cooperative shall give the Grantors five days notice, excluding Saturday and Sunday, prim to construction or maintenance, except for emergency situations, where immediate work is required. 7. In consideration for the easement rights granted to Cooperative pursuant to this Agreement, Cooperative shall pay Grantors the full easement com/schedule ion amount upon gran g of said easement. Said easement fee includes compensation for the righd to Cooperative t and trim trees and shrubbery within the easement area. In addition to sapensation, Coo live shall also pay Grantors for darmge to the property of Grantors cy construc ' ,maintaining, replacing, rebuilding, re icing, or removing said transmission lfacilities ayment for damages shall be made at the co letion of the work performed by Cove whi resulted in said damages. The foregoing compen tion amount is based upon the scof c pensation maintained by the Cooperative. In the ant the line is required to be rec dor redesigned in such a way that additional poles, anch , or other appurtenances are pon the property of the Granters, then additional compensation ll be paid to Grantors basn the schedule of compensation maintained by Cooperative at the time such reconstruction or r. 8. The easement created b this Agreement all be permanent and perpetual, shall be binding upon Grantors and Cooperative, and th ' respecfive ccessors, he6s, beneficiaries, devisees, grantees, tenants, and assigns, and shall run wAd.d.9. Grantors shall have to cel this Agreement by mailing to Cooperative a notice of cancellation by certified mae eceipt requested, to Cooperative's principal place of business. Said notice must be receiveti within seven (7) days, excluding Saturday and Sunday, of the date of this Agreement. ackno edge that they have been informed by Cooperative of their right to cancel this Agreemto signing't, and they hereby acknowledge receipt from Cooperative of a duplicate copy of this Al which th may use as a "Notice of Cancellation." Cooperative agrees that it will not recordreement until Rer the cancellation period has expired. This right of cancellation may be exercisonce for this tr smission line project. 10. Subject only to gie right of cancellation set foXh in paragraph 9, this Agreement shall be effective upon executio by the parties, and shall contin in full force and effect until all of its terms and conditions have been)Uy performed. N 0 O �n .n C TI �s 1 y C) i �e <m a M � o:�r, C CO v w � N EXECUTED the day and year first above written. GRANTORS: City of Iowa City a/k/a City of Iowa City, Iowa, a municipal corporation Sign: Title: STATE OF IOWA ) St. COUNTY OF 1 On this day of and for the State of Iowa, personally ap City of Iowa City a/k/a City of Iowa Ci the person who executed the foregoing voluntary act and deed. STATE OF IOWA ) as. COUNTY OF On this day of Sign: Tide: before me, the undersigned, a Notary Public in for municipal corporation to me personally known to be , and acknowledged that he executed the same as his y tvouc to anti rot the of Iowa 20_, before me, the and for the State Iowa, personally appeared City of Iowa Ci a/k/a City of Iowa City, Iowa, a municipal corporation to me the person who ecuted the foregoing instrument, and acknowledged that he e voluntary act deed. State of Iowa 4 a Notary Public in for Lknown to be same as his N O O •O C �n �r m rn � N a Notary Public in for Lknown to be same as his GRANTEE: Central Iowa Power Cooperative, an Iowa cooperative Sign: Sign: Print: Title: STATE OF IOWAV COUNTY OF On this dand for the State of IowaCentral Iowa Power Cooexecuted the foregoing indeed. before me, the undersigned, a Notary Public in for to me personally (mown to be the person who that be executed the same as his voluntary act and Notary Public in and for the State of Iowa STATE IOWA ) as. CO OF ) On this day of 20_, before for the State of Iowa, personally appeared entral Iowa Power Cooperative, an Iowa cooperative corporation Person who executed the foregoing instrument, and acknowledged voluntary act and deed. 5 the undersigned, a Notary Public in State of Iowa Personally known to be the executed the same as his N O E D� r P+— I � C7 r rn 3. m � rb W N the undersigned, a Notary Public in State of Iowa Personally known to be the executed the same as his NOTICE OF CANCELLATION TO: Central Iowa Power Cooperative P.O. Box 2517 Cedar Rapids, Iowa 524062517 r ^ CO > w rV Item Number: 12. 'r AL CITY OF IOWA CITY =� COUNCIL ACTION REPORT July 16, 2019 Resolution determining an area of the city to be a combination economic development and blight area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Forest View Urban Renewal Plan therefor. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: no impact Recommendations: Staff: Approval Commission: City Council Economic Development Committee voted to recommend approval of the Urban Renewal Plan to City Council on June 3, 2019 (3-0). Planning and Zoning Commission affirmed that the plan conforms with the Comprehensive Plan on June 20, 2019 (5-1, Dyer opposed, Hensch absent) . Attachments: Forest View Urban Renewal Plan Planning & Zoning Commission memo Resolution Executive Summary: Council passed a Resolution of Necessity on June 18, 2019, initiating the process to establish the Forest View Urban Renewal Area. Subsequent requirements included a review and recommendation by the Planning and Zoning Commission and a consultation with other taxing jurisdictions in the county. The final step is to hold the Public Hearing set for July 16, 2019. Establishing an urban renewal area enables the City to consider financial participation in a development project. A development agreement detailing specifics of that participation can only be contemplated after an Urban Renewal Plan is in place. Background /Analysis: The Forest View Urban Renewal Plan is established on the basis of slum and blight remediation and economic development. To be determined a blighted area, the State code definition includes five conditions including "areas of a municipality in which there is a substantial number of slum, deteriorated or deteriorating structures or defective or inadequate street layout." A blighted area need only meet the conditions of one or a combination of the five defining conditions. The Forest View Mobile Home Court currently exhibits these conditions in that a substantial number of the existing mobile homes are in such a condition that they could not be moved and relocated to another area due to their condition. Meeting the standard of inadequate street layout, there is only one access into and out of the neighborhood. If this single access is obstructed, fire, ambulance or police vehicles have no way to reach an emergency within the neighborhood. To be determined a slum area, the State code definition includes four conditions including "a predominance of buildings exhibiting dilapidation, deterioration, age or obsolescence," and "the existence of conditions which endanger life or property by fire and other causes." For the same reasons noted above, the area meets the criteria to be determined a slum. The economic development designation is also part of the basis for this urban renewal area and signals that the area is appropriate for commercial enterprises, that public improvements related to housing and residential development and construction of housing and residential development for low and moderate income families, including single or multi -family housing is appropriate. North Dubuque LLC owns approximately 70 acres in the area known as Forest View and has indicated they will be seeking financial assistance from the City for a portion of the infrastructure expenses in the project (roads, sewer, water, trails). Located west of Dubuque Street, south of I- 80 and northeast of the Mackinaw Village neighborhood, it has long been home to the Forest View Mobile Home Park. This project is consistent with the amended North District Plan and the recently approved rezoning. For a financial assistance request like this, the City considers the public benefits. In this case, the developer is committed to a comprehensive relocation plan which was attached and incorporated into the conditional zoning agreement. The details of the relocation plan will be set forth in an affordable housing agreement to be considered by the Council. In general, the relocation plan seeks to ensure that the developer provides good housing options and relocation assistance for the residents of Forest View Mobile Home Park. The developers shall offer three categories of replacement housing to ensure that residents are relocated to affordable, decent, safe and sanitary houses which are, at a minimum, comparable in size and features to what residents currently have in the existing Forest View Mobile Home Park. Those three categories are: relocation to the new Forest View single-family development (moving expenses and lease - purchase options available); relocation to the new Forest View multi -family buildings (moving expenses and lease -purchase options available); and relocation off-site (reasonable moving expenses available). The second public benefit is the creation of the new Forest View Drive which will connect Dubuque Street to Algonquin Rd. creating a second access to the Peninsula and Mackinaw Village neighborhoods and providing the main access to the development area. This is particularly important in times of flooding, when flood waters can block the only access to the area. The road is the proposed TI F project and a development agreement for Council's consideration will be forthcoming. We anticipate that many elements of the development agreement will be similar to the Foster Road TIF project wherein the entire road will be built and paid for by the Developer and the City will provide TI F rebates on property taxes generated by the new value in the area. Negotiations are underway with respect to engineering details, phasing, and eligible costs. It is important to reiterate that in addition to the affordable housing agreement, a development agreement detailing the conditions for tax increment financing will be considered by Council subsequent to Urban Renewal Plan adoption. The Planning and Zoning Commission reviewed and confirmed that the plan conforms with the North District Comprehensive Plan at their meeting on June 20, 2019 (see memo from the Vice Chairperson, attached). A consultation was held on July 1, 2019 to which taxing entities could send a representative to review, discuss and have an opportunity to provide input. Lisa Green -Douglass attended. Public notice was posted in the Iowa City Press Citizen for the Public Hearing within the required timeframe. Having followed the legislative steps to establish the Forest View Urban Renewal Area, staff recommends adopting the Forest View Urban Renewal Plan. ATTACHMENTS: Description Planning & Zoning recommendation Resolution Forest View URP r -4 CITY OF IOWA CITY MEMORANDUM Date: June 25, 2019 To: City Council From: Max Parsons, Vice Chair, Planning and Zoning Commission Re: Planning and Zoning Commission Review of the Foster Road Urban Renewal Plan At its regular meeting June 20, 2019, the Planning and Zoning Commission reviewed the Forest View Urban Renewal Plan for its conformity with the Iowa City Comprehensive Plan. By a vote of 5-1 (Dyer opposed, Hensch absent), the Planning and Zoning Commission found that the Forest View Urban Renewal Plan conforms to the Iowa City Comprehensive Plan. j2• Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resolution No. 19-187 Resolution determining an area of the city to be a combination economic development and blight area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety orwelfare of the residents of the city; designating such area as appropriate for an urban renewal project; and adopting the Forest View Urban Renewal Plan therefor. Whereas, the 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 Whereas, a Forest View Urban Renewal Plan for the area described below has been prepared, placed on file in the office the City Clerk, and attached hereto and incorporated herein by reference; and Whereas, this Urban Renewal Plan includes and consists of property legally described below and hereafter referred to as the Forest View Urban Renewal Area: Commencing at the north quarter comer of Section 4, Township 79, Range 6 west of the fifth principle meridian; thence S 030 07'46" E, a distance of 311.18 feet to the northeast corner of Lot 104 of mackinaw village part five as recorded in book 57, page 241 of the records of Johnson county, Iowa Recorder's office, said point being the point of beginning; thence S 86050'44" E along the southerly right-of-way line of U.S. Highway Interstate 80, a distance of 140.15 feet, thence N 86°23'32" E along said southerly line, a distance of 718.54 feet, thence N 75°35'49" E along said southerly line, a distance of 463.42 feet; thence N 80°27'46" E along said southerly line, a distance of 294.70 feet; thence N 87°03'11" E along said southerly line, a distance of 428.87 feet; thence S 81 °04'24"E along said southerly line, a distance of 105.39; thence S 79°11'57" E along said southerly line, a distance of 504.56 feet; said point being on the west line of the northwest quarter of the northwest quarter of Section 3, Township 79, Range 6 west; thence S 01'45'29" E, a distance of 425.26 feet; thence S 88°54'57" W, a distance of 562.46 feet; thence S 88°56'09" W, a distance of 102.69 feet; thence S 01 °11'07" E, a distance of 654.95 feet; thence S 88°09'37" W, a distance of 640.01 feet; thence S 88°39'49 W, a distance of 152.49 feet; thence S 49042'42" W, a distance of 111.02 feet; thence S 26°26'43'41" E, a distance of 158.46 feet; thence S 44043'52" W, a distance of 337.66 feet; thence S 02040'38" E a distance of 41.04 feet; thence S 87°04'33" W, a distance of 181.81 feet; thence S 00001'08" E, a distance of 328.80 feet; thence S 87058'50"W, a distance of 33.02 feet; thence N 00°01'08" W, a distance of 814.67 feet; thence S 88°41'48" W, a distance of 674.33 feet; N 03°05'12" W, a distance of 1039.43 feet, to the point of beginning. Said parcel of land containing 61.14 acres, more or less, and subject to easement and restrictions of record. And all of the northwest quarter, of the northwest quarter of Section 3, Township 79, Range 6 west of the fifth principle meridian. Said area containing 39.56 acres, and subject to easements and restrictions of record. Resolution No. 19-187 Page 2 Whereas, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said Urban Renewal Plan to be known hereafter as the Forest View Urban Renewal Area. Whereas, the Iowa statutes require the City Council to submit the proposed Forest View 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 project and an urban renewal plan therefore; and Whereas, the Planning and Zoning Commission has reviewed and recommends creation of the Forest View Urban Renewal Area and adoption of the Forest View Urban Renewal Plan therefore after finding that it conforms with the general plan for development of the City, as evidenced by its written report filed herewith and incorporated herein by the reference; and Whereas, by a resolution adopted on June 18, 2019, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Forest View Urban Renewal Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Foster Road Urban Renewal Plan be sent to all affected taxing entities; and Whereas, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities have been provided; and Whereas, by said resolution this Council also set a public hearing on the adoption of the proposed Foster Road Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the Press Citizen, which notice set for the time and place for this hearing and the nature and purpose thereof; and Whereas, in accordance with said notice, all persons or organizations desiring to be heard on said Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. Now, therefore, be it resolved, by the City Council of the City of Iowa City, Iowa: Section 1. That the findings and conclusions set forth or contained in the Forest View Urban Renewal Plan for the area of the City of Iowa City, Iowa legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the Forest View Urban Renewal Area), be and the same are hereby adopted and approved as the findings of this Council for this area. Section 2. The Forest View Urban Renewal Plan conforms to the adopted general plan for the development of the City as a whole; and. Section 3. That the Forest View Urban Renewal Plan Area is a combination economic development and blight area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Resolution No. 19-187 Page 3 Section 4. That the Forest View Urban Renewal Plan, attached hereto and incorporated herein by reference, be and the same is hereby approved and adopted as the "Forest View Urban Renewal Plan;"; and the City Clerk is hereby directed to file a certified copy of said Forest View Urban Renewal Plan with the proceedings of this meeting. Section 5. That the Forest View Urban Renewal Plan shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Forest View Urban Renewal Plan or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Forest View Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 16th day of July 2019. yor ATTEST: City Cferk Approved By XL e City Attorney's Office .1 / i l 11 9 Resolution No. 19-1 R7 Page 4 It was moved by Teague and seconded by Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: x Cole Mims Salih Taylor Teague Thomas Throgmorton Forest View Urban Renewal Area e O Urban Renwal Area 4 n #tq� - X Point of Beginning CITY OF IOWA CITY `/ 0 150 300 600 Feet I .yam 7 VV E �. � CapQy� coq i 's 3 y: i2 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Resolution No. Resolution adopting the Forest Vie7at ban Renewal Plan Whereas, the�CCuncil has reasonable cause to believee area described below satisfies the eligibility cr ria for designation as an urban rene 1 area under Iowa law, and Whereas, conditio of dilapidated, deteriorated, r obsolete buildings and faulty lot layout in relation to size, ad uacy, accessibility or u fulness, impairing the sound growth of the community exist as co ition-'-g of blight; a/naindevelopment Whereas, an area appr riate for cal enterprises and construction of public improvements related to hou ' g and r' co also exists; and Whereas, this Urban Renewal PlaXinclupes and consists of the following Urban Renewal Area: Commencing at the north quarter orner of Section 4, Township 79, Range 6 west of the fifth principle meridian; the a03° 07' 46" E, a distance of 311.18 feet to the northeast corner of Lot 104 of ackin w village part five as recorded in book 57, page 241 of the records of Johns county, Iowa Recorder's office, said point being the point of beginning; thence S 6°50'44" long the southerly right-of-way line of U.S. Highway Interstate 80, a d' tance of 140.5 feet, thence N 86°23'32" E along said southerly line, a distance f 718.54 feet, th\distanc N 75°35'49" E along said southerly line, a distance of 463.4 feet; thence N '46" E along said southerly line, a distance of 294.70 feet; ence N 87°03'11"ng said southerly line, a distance of 428.87 feet; thence S 1°04'24"E along stherly line, a distance of 105.39; thence S 79°11'57" E long said southerly a ' tance of 504.56 feet; said point being on the west lin of the northwest quaf the orthwest quarter of Section 3, Township 79, Rang 6 west, thence S 01 °4 E, a tance of 425.26 feet; thence S 88054'57" W, a di tance of 562.46 feet; thS 88°5 9" W, a distance of 102.69 feet; thence S 01'1 '07" E, a distance of 654et, thenc S 88°09'37" W, a distance of 640.01 feet; th ce S 88°39'49 W, a distaf 152.49 fe thence S 49°42'42" W, a distance of 11 .02 feet; thence S 26°26'4 E, a distanc f 158.46 feet; thence S 44°43'52" W, distance of 337.66 feet; tS 02°40'38" a distance ofA1.04 feet; thence S °04'33" W, a distance of 18eet; thence S 00° 1'083' F%f�' a distance of 328.80 feet- thence S 87°58'50" W, a distance of 33.02 feet; then'�1" W,� a distance of 14.67 feet; thence S 88041'48" W, a distance of 674.3d�l3°03'123 W, a distan of 1039.43 feet, to the point of beginning. Said parcel nteining r 61.14 acre , more or less, and subject to easement and restrictions of re@ord. v M And all o the northwest quarter, of the northwest quarter of Section 3, t4,�shW79, Range west of the fifth principle meridian. Said area containing 39.56 acresE,�nd subject to easements and restrictions of record. Approximately 100.7 acres total Whereas, it is desireable that this Area be developed according to the Forest View Urban Renewal Plan; and Resolution No. Page 2 Whereas, the Planning and Zoning Commission has found that such Urban Renewal Plan conforms to the adopted Comprehensive Plan and recommends approval thereof; and Whereas, in accordance with Resolution , adopted on June 8i 201 g, a consultation was held with the designated representative of all affected taxing entitie o discuss the proposed Forest View Urban Re ewal Plan and the division of revenue Rep4wal escr' ed therein, after notice of said consultation and a opy of the proposed Forest View Urban Plan was duly and timely sent; and Whereas, all required re onses to the recommendation ade by the affected taxing entities have been timely made as set f h in the reportof the Econo is Development Coordinator, filed herewith and incorporated herein by his reference, which repo is in all respects approved; and Whereas, by said Resolution due and pro er notice of a public hearing on the proposed Urban Renewal Plan was given, as provided by I w, by timely publication in the Press Citizen; and Whereas, in accordance with said otice, all rsons or organizations desiring to be heard on said proposed Plan, both for and again , have een given an opportunity to be heard with respect thereto and due consideration has be giv n to all comments and views expressed to this Council in connection therewith and said public ring has been closed. Now, therefore, be it resolved by the CP Cquncil of the City of Iowa City, Iowa, that: Section 1. The findings and Onclusiolks set forth in the Forest View Urban Renewal Plan for the area of the City of Iowa City Iowa legal) described above (hereinafter "Forest View Urban Renewal Area'), be and the same re hereby adted and approved as the findings of this Council for this area. Section 2. The ForesvView Urban development of the City as a hole. Section 3. The F economic development area is eligible for desic the provisions of Char redevelopment, develo interest of the public h Section 4. adopted as the 7 the City Clerk is I meeting. conforms to the general plan for the kt View Urban Renewal Area c ntair a within the meaning of Iowa de on as an urban renewal area an of 403 of the Code of Iowa; and t nt, or a combination thereof, of suc safety or welfare of the residents of s a slum and blighted area and an Chapter 403; that such combined herwise meets all requisites under t the rehabilitation, conservation, 4 area is City is necessary in the t 's City. Forest View Urban Renewal Plan be and thelikame is hereby approved and View Urban Renewal Plan for the Forest Vie Urban Renewal Area;" and y directed to file a certified copy of said Plan vAlh the proceedings of this Section 5. The Forest View Urban Renewal Plan shall be in full foi date of this resolution until the later of the date of termination set forth in s-, which payment of all obligations issued or advances made to carry out the be fully provided for. Said Plan shall be forthwith certified by the City Clerk, s Resolution, to the law. Recorder for Johnson County, Iowa, to be filed and r provided by law. and effpct from the ?Ian, arthe date on 4 copy oVthis F%the mffhner < r— -'V s J Resolution No. Page 3 Passed and approved this _ day of , 2019. Mayor r-- Forest View Urban Renewal Plan City of Iowa City, Iowa 2019 Table of Contents Section 1 — Introduction Section 2 — Description of Urban Renewal Area Section 3 — Area Designation Section 4 — Base Value Section 5 — Urban Renewal Plan Objectives Section 6 — Proposed Urban Renewal Activities Section 7 — Proposed Urban Renewal Projects Section 8 — Conformance with Land Use Policy and Zoning Ordinance Section 9 — Relocation Section 10 — Financial Data Section 11 — Urban Renewal Plan Amendments Section 12 — Property Acquisition/Disposition Section 13 -- Property Within an Urban Revitalization Area Section 14 — Effective Period Section 15- Severability Clause Addendum No. 1 —Legal Description Addendum No. 2 — Location Map Section 1- Introduction This Urban Renewal Plan ("Plan") for the Forest View Urban Renewal Area ("Urban Renewal Area" or "Area") has been developed to help local officials promote economic development within Iowa City, Iowa. The City has determined this area to be appropriate for attracting and encouraging new commercial enterprises, enabling the commercial development to serve nearby residential neighborhoods, and improving connectivity for neighborhoods to the west and within the urban renewal area. This Plan contemplates that tax increment financing may be used to assist in the construction of Forest View Drive from Dubuque Street west to and connecting with Algonquin Road and other parcels within the development to facilitate the construction of commercial, office and residential space to meet one or more of the Plan objectives. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal activities as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapters 15A and 403 of the 2019 Code of Iowa, as amended. Section 2- Description of Urban Renewal Area The legal description of this Urban Renewal Area is attached and incorporated herein as Addendum No. 1 — Legal Description and depicted in Addendum No. 2 — Location Map. Section 3- Area Designation With the adoption of this Plan, Iowa City designates this Urban Renewal Area as a slum and blighted area, as well as an economic development district that is appropriate for residential, office and commercial development. Section 4 Base Value If a Tax Increment Financing (TIF) Ordinance is adopted and debt is certified prior to December 1, 2019, the taxable valuation within the area included in the TIF Ordinance as of January 1, 2018 will be considered that area's frozen "base value." If debt is not certified until a later date, the "base value" will be the assessed value of the taxable property within the TIF Ordinance area as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt on the Forest View Urban Renewal Area. Section 5- Urban Renewal Plan Goals and Objectives This Plan is intended to improve the community by encouraging new commercial development, providing secondary access and improving connectivity between the Peninsula and Mackinaw Village Neighborhoods to Dubuque Street. More specific goals for development within the Urban Renewal Area are as follows: 1. To help finance the cost of constructing public utility and infrastructure extensions and improvements to facilitate a second roadway access. 2. To facilitate the redevelopment of parcels within the area for commercial uses. 3. To stimulate, through public action and commitment, private investment in new commercial development that may be supported in part by additional residential development in the vicinity. 4. To maintain and improve the character of the community by strengthening the tax base. 5. To increase the availability of housing opportunities; which may in tum attract and retain commercial enterprises that will strengthen and revitalize the economy of the State of Iowa and the City. 6. To plan for and provide sufficient land for development in a manner that efficiently provides municipal services. 7. To promote development utilizing any other objectives allowed by Chapter 403 of the Code of Iowa. S. To provide other support as allowed under Iowa Code Chapters 15, 15A and 403. The following objectives derived from these goals are hereby established: 1. Undertake and carry out the urban renewal project set forth in Section 7 below; 2. Use any or all other powers granted to the City by the Urban Renewal Act to develop and provide for improved economic conditions in the City and the State of Iowa; 3. Connect neighborhoods, reduce transportation time, allow greater access for pedestrians, bikers and public transportation; and 4. Open opportunities for development of a range of uses including commercial, office, single and multi -family residential units that will help support the commercial enterprises consistent with the Comprehensive Plan and zoning code. Section 6 - Proposed Urban Renewal Activities To meet the goals objectives of this Urban Renewal Plan, the City intends to utilize the powers conferred under Chapter 403 and Chapter 15A, Code of Iowa, including, but not limited to, tax increment financing. Activities may include: 1. Execute development agreements, retain the services of qualified professional consultants and execute any other contracts and instruments necessary to achieve the Plan Goals, Objectives and Projects. 2. Make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects. 3. Tax Increment Financing. To the full extent allowed by Iowa Code Chapter 403 and Subchapter III of Chapter 384, the City may issue general obligation bonds, tax increment revenue bonds, internal loans or such other obligations or loan agreements, and seek tax increment reimbursement for, among other things, the costs of urban renewal projects (if and to the extent incurred by the City), including, but not limited to: a) Constructing public improvements, such as streets, sidewalks, sanitary sewers, storm sewers, water mains, utilities, trails or other related facilities. b) Providing the local matching share of state or federal grant and loan programs. c) Making loans or grants or other incentives to private entities or persons related to urban renewal projects. d) Other authorized urban renewal projects. 4. To acquire property through a variety of means (purchase, lease, option, etc.) and to hold, clear, or prepare the property for redevelopment. 5. To dispose of property so acquired. 6. To arrange for, or cause to be provided, the construction or repair of infrastructure, including but not limited to, streets, sidewalks, water mains, sanitary sewer, storm water drainage, gas and electric utilities, street lighting, or other public improvements in connection with urban renewal projects. 7. To vacate, dedicate, or obtain certain public roadways, or utility easements when deemed necessary to provide access to new and/or residential developments. 8. To provide for relocation of persons, businesses, and industries displaced by the project, if necessary. 9. To make loans, forgivable loans, tax rebate payments, or other types of grants or incentives to private persons, organizations, or businesses for economic development purposes or residential projects, on such terms as may be determined by the City Council. 10. To borrow money and to provide security therefor. 3 11. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Iowa City and the State of Iowa. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 4276, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. The Council's determination to undertake any of these activities shall be based upon its economic development policy, which may be amended from time to time, as necessary in Council's discretion, and on additional performance criteria the Council finds appropriate on a case-by-case basis. Section 7 — Proposed Urban Renewal Projects The eligible urban renewal projects under this Urban Renewal Plan include: 1. Public Improvements and Related Development Agreement: Under authority granted by the Plan, the City anticipates entering into a Development Agreement (the "Agreement") with North Dubuque, LLC (the "Developer'). The Agreement would obligate the Developer to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Urban Renewal Area, consisting primarily of the construction of Forest View Drive, under the terms and following satisfaction of the conditions set forth in the Agreement. The Agreement would further obligate Developer to construct Public Improvements supporting the project as described below: Project Approximate Date Estimated Cost Rationale Construction of Forest 2019-2021 Not to exceed Necessary infrastructure View Drive connecting $12,900,000 to foster redevelopment Dubuque Street to projects. Supports Algonquin Road, transportation network including street and providing secondary sidewalk pavement, access to neighborhood watermain extension, and encourages walking, sanitary sewer, trail and biking, and public transit. other utility infrastructure and landscaping Ii The Agreement would then obligate the City to make economic development grants to Developer using tax Increment financing pursuant to the Iowa Code Section 403.19 and made possible by the construction of the Minimum Improvements and the redevelopment of lots within the area, the cumulative total for all such payments not to exceed $12,900,000. These economic development grants will not be general obligations of the City, but will be payable solely from incremental property taxes generated by the Minimum Improvements. The City expects to enter into a development agreement with Developer (or a related entity or another entity) that provides detailed terms and conditions, not all of which are included in this Plan. 2. Planning, Engineering, Attorney, and Administrative Fees, and Other Related Costs to Support Urban Renewal Projects and Planning: Project Estimated Date Estimated Cost to be Funded with TIF Funds Fees and Costs Undetermined Not to Exceed $100,000 Section 8- Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan/North District Plan This Urban Renewal Area is located within the North District set forth in the adopted IC2030 Comprehensive Plan, as amended on August 15, 2017 and subsequently on April 2, 2019, in consideration of the redevelopment plans of North Dubuque, LLC. The Comprehensive Plan notes that development in the area has been limited due to lack of adequate streets, water and sewer service, and that when infrastructure is improved, there may be market pressure to redevelop some of the existing properties, particularly, the Forest View Mobile Home Park. The 2017 amendment to the plan modified the land use map, accepted a sensitive areas inventory and added certain housing, transportation and design goals. The April 2019 amendment allowed for higher concentration multi- family residential development to be located central to the community and single family residential development to be located along the western edge of the community. The Comprehensive Plan states that development should be designed to conserve and protect open space by clustering development away from steep slopes and environmentally sensitive areas. While protection of environmentally sensitive areas becomes more of a concern as infrastructure improves inviting new development, the 5 plan could accommodate development if it is clustered along Forest View Drive (the extension of Laura Drive). There were several goals adopted and incorporated into the North District Plan resulting from the 2017 resolution. Those included two housing goals requiring the developer to provide relocation assistance to residents, and certain design standards and woodland buffers be met to maintain the livability of the Mackinaw Village neighborhood. There were two commercial and institutional use goals — one, to preserve the scenic character of the primary entrance to the City and another, that a buffer of existing trees and vegetation be preserved between the Dubuque Street right of way and any development. There was also a transportation goal, that upon redevelopment, access to Dubuque Street for south bound traffic north of Foster Rd. may be allowed provided that the intersection is designed to accommodate anticipated traffic volumes from the developing area. In summary, the goals, objectives and projects set forth in this Plan are in conformity with the City's Comprehensive Plan. Current Zoning and Proposed Land Uses Currently the Urban Renewal Area is conditionally zoned a mix of High Density Single - Family Residential with a Planned Development Overlay (OPD/RS-12) (50.82 acres); Highway Commercial with a Planned Development Overlay (OPD/CH-1) (20.45 acres); and Neighborhood Public with a Planned Development Overlay (OPD/P-1) for 1.88 acres, subject to a conditional zoning agreement that imposes certain use obligations and limitations to meet public needs created by the rezoning. The proposed land uses include commercial, office, public open space, and residential, which are consistent with the zoning. Section 9- Relocation The Urban Renewal Area currently surrounds the Forest View Mobile Home Park, a mobile home park established in the 1940s. This park will eventually be demolished as part of redevelopment of the Urban Renewal Area. A feasible method exists for the location of families who will be displaced from the urban renewal area into decent, safe, and sanitary dwellings within their means and without undue hardship to such families. The City and the developer will negotiate and execute an Affordable Housing Agreement or similar agreement detailing the terms of such relocation plan. The provisions of said agreement shall be guided by the principles of the Forest View Mobile Home Park Relocation Plan dated May of 2018 prepared and submitted by Owner and the residents of Forest View Mobile Home Park and the Center for Worker Justice, a copy of which is ri attached to the rezoning Ordinance No. 19-4794, and shall include the provision (at the residents' options) of replacement housing, financial advisory services and reasonable moving expenses to all households residing on the above-described property upon the effective date of the Conditional Zoning Agreement. The affordable housing agreement shall foster diligent communication with residents, ensure the provision of replacement housing prior to demolition of the existing housing, and offer opportunities for homeownership to minimize the impact of displacement and hardship on the residents. The Owner shall offer three categories of replacement housing to ensure that residents are relocated to affordable, decent, safe and sanitary houses which are, at a minimum, comparable in size and features to what residents currently have in the existing Forest View Mobile Home Park. Those three categories are: relocation to the new Forest View Manufactured Housing Park (moving expenses and financing options available); relocation to the new multi -family buildings constructed within the above-described property (moving expenses and financing options available); and relocation not within the above-described property (reasonable moving expenses available). Said affordable housing agreement shall be approved by the City Council. Section 10- Financial Data 1. Constitutional Debt Limit: $ 295,383,033 2. Current general obligation debt: $ 48,030,000 3. Proposed amount of indebtedness to be incurred: Although a specific amount of tax increment debt to be incurred (including direct grants, loans, advances, indebtedness, or bonds) for projects over time has not yet been determined, it is anticipated that the cost of the Proposed Urban Renewal Activities and Proposed Projects identified in Section 6 and 7 above will be $13,000,000 million. In no event will debt be incurred that would exceed the City's debt capacity. It is further expected that loans, advances, indebtedness or bonds to be incurred for the Proposed Project or subsequent projects, including interest on the same, will be financed in whole or in part with tax increment revenues from the Urban Renewal Area. The City Council will consider each request for financial assistance or a project proposal on a case-by-case basis to determine if it is in the City's best interest to participate. Section 11- Urban Renewal Plan Amendments This Urban Renewal Plan may be amended from time to time for a number of reasons, including, but not limited to changes in the boundary; to modify goals, objectives, or types of activities; or to amend property acquisition and disposition provisions. 7 If the City of Iowa City desires to amend this Urban Renewal Plan, it shall do so in conformance with applicable state and local laws. Section 12 - Property Acquisition/Disposition If property acquisition/disposition by the City becomes necessary to accomplish the objectives of the Plan, such acquisition/disposition will be carried out, without limitation, in accordance with the Iowa Code. Section 13- Property Within an Urban Revitalization Area The Urban Renewal Area, as amended, may (now or in the future) also be located within an Urban Revitalization Area. The City Council, at its sole discretion, shall determine which incentives are available through either: (a) this Plan, for urban renewal incentives, if any urban renewal incentives are offered by the City; or (b) tax abatement incentives under the Urban Revitalization Plan; or (c) some combination of the two incentives as determined by the City in its sole discretion. Section 14 - Effective Period This Urban Renewal Plan will become effective upon its adoption by the City Council of Iowa City and will remain in effect as a plan until it is repealed by the City Council. With respect to the property included within the Forest View Urban Renewal Area, which is also included in an ordinance which designates that property as a tax increment area, the use of incremental property tax revenues or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, beginning with the second fiscal year after the year in which the municipality first certifies to the county auditor the amount of debt which qualifies for payment from the division of the revenue in connection with any such project. The division of revenues may continue in the Urban Renewal Area for the maximum period allowed by law. It is also anticipated that separate TIF ordinances for separate parcel(s) may be adopted as development in the Area warrants. In that case, each separate TIF ordinance may have a separate base and separate sunset or expiration date. At all times, the use of tax increment financing revenues (including the amount of loans, advances, indebtedness or bonds which qualify for payment from the division of revenue N provided in Section 403.19 of the Code of Iowa) by the City for activities carried out in the Forest View Urban Renewal Area shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. Section 15: Severability Clause If any part of this Plan is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the Plan as a whole or any part of the Plan not determined to be invalid or unconstitutional. W Addendum No. 1 Legal Description of the Urban Renewal Area Commencing at the north quarter comer of Section 4, Township 79, Range 6 west of the fifth principle meridian; thence S 030 07'46" E, a distance of 311.18 feet to the northeast corner of Lot 104 of mackinaw village part five as recorded in book 57, page 241 of the records of Johnson county, Iowa Recorder's office, said point being the point of beginning; thence S 86050'44" E along the southerly right-of-way line of U.S. Highway Interstate 80, a distance of 140.15 feet, thence N 86023'32" E along said southerly line, a distance of 718.54 feet, thence N 75035'49" E along said southerly line, a distance of 463.42 feet; thence N 80027'46" E along said southerly line, a distance of 294.70 feet; thence N 87°03'11" E along said southerly line, a distance of 428.87 feet; thence S 81004'24"E along said southerly line, a distance of 105.39; thence S 79°11'57" E along said southerly line, a distance of 504.56 feet; said point being on the west line of the northwest quarter of the northwest quarter of Section 3, Township 79, Range 6 west; thence S 01 045'29" E, a distance of 425.26 feet; thence S 88054'57" W, a distance of 562.46 feet; thence S 88°56'09" W, a distance of 102.69 feet; thence S 01°11'07" E, a distance of 654.95 feet; thence S 88°09'37" W, a distance of 640.01 feet; thence S 88039'49 W, a distance of 152.49 feet; thence S 49042'42" W, a distance of 111.02 feet; thence S 26°26'43'41" E, a distance of 158.46 feet; thence S 44°43'52" W, a distance of 337.66 feet; thence S 02040'38" E a distance of 41.04 feet; thence S 87004'33" W, a distance of 181.81 feet; thence S 00001'08" E, a distance of 328.80 feet; thence S 87058'50" W, a distance of 33.02 feet; thence N 00°01'08" W, a distance of 814.67 feet; thence S 88°41'48" W, a distance of 674.33 feet; N 03005'12" W, a distance of 1039.43 feet, to the point of beginning. Said parcel of land containing 61.14 acres, more or less, and subject to easement and restrictions of record. And all of the northwest quarter, of the northwest quarter of Section 3, Township 79, Range 6 west of the fifth principle meridian. Said area containing 39.56 acres, and subject to easements and restrictions of record. Approximately 100.7 acres in total. Forest View Urban Renewal Area r M Q Ubm Renwd Am _ w�F X Poktofsookv q Una haw cm P 150 300 800 3 OFM 0 m 0 0 3 m 'o 0 m N .r C eD f c Q IN CD 7 I)) F S1 D ID d CL CL ID 7 a c 3 z 0 P\Hf\P\^P VM�1P\M� G i � lrtnnn\WI d!'� ea. 5. r M Q Ubm Renwd Am _ w�F X Poktofsookv q Una haw cm P 150 300 800 3 OFM 0 m 0 0 3 m 'o 0 m N .r C eD f c Q IN CD 7 I)) F S1 D ID d CL CL ID 7 a c 3 z 0 Item Number: 14. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT July 16, 2019 Resolution approving a purchase agreement for a duplex property located at 1232-1234 Sandusky Drive for the South District Home Investment Partnership Program. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Tracy Hightshoe, NDS Director Geoff Fruin, City Manager Fiscal Impact: Up to $60,000 will be invested in each unit, consisting of up to $25,000 in federal HOME funds and $35,000 in local funds for down payment assistance, rehabilitation and any associated costs. Recommendations: Staff: Approval Commission: N/A Attachments: Program Outline Resolution Executive Summary: Staff has negotiated a purchase agreement contingent on Council approval to acquire a duplex property at 1232-1234 Sandusky Drive for $124,000 as part of the South District Home Investment Partnership Program. The duplex will serve as the first two units purchased as part of the program. Background /Analysis: The City proposes to purchase 1232-1234 Sandusky Drive for $124,000 under the South District Home Investment Partnership Program. The property is currently vacant due to a fire on April 17, 2019 which caused damage to both units. The former tenants relocated and terminated their leases after the fire. The property was built in 1978 and is located at the northwest corner of Sandusky Drive and Davis Street. Each unit has two bedrooms and one bathroom on the main floor, a garage, and additional living space in the lower level. The property has received some structural repairs following the fire but will need to be substantially rehabbed prior to selling. Once completed, the units will be sold as owner -occupied to income -qualified buyers per the South District program guidelines. Buyers will receive homeownership education through Horizons and Iowa Valley Habitat for Humanity. Downpayment assistance will also be offered in accordance with HOME underwriting standards. The City Council recently reviewed this program due to the difficulty of finding properties that meet Council's requirements. The conversation will continue with the Housing and Community Development Commission at their July 11th meeting. The purchase of this home meets Council's original goals and the program property requirements as described in the attached program outline. The price point will create very affordable homeownership opportunities in the neighborhood. Staff recommends approval to ensure the property is secured for the program. The purchase agreement is subject to Council's approval. If approved, upon purchase the City will begin the necessary renovations and will market the availability of the homes to the neighborhood. ATTACHMENTS: Description Program Outline Resolution South District Home Investment Partnership Program - 2019 Program Summary: Purchase two duplexes in the South District project area (map below) with a focus on Taylor Drive and Davis Street, rehabilitate the units, and sell to four low-income homebuyers. The program would function like the UniverCity program with added benefits - affordable sales prices, downpayment assistance, financial counseling and home maintenance classes. Program Goals: 1. Preserve the unique character of the neighborhood. 2. Re-establish a balance of rental and owner - occupied homes. 3. Encourage reinvestment in this neighborhood. 4. Ensure neighborhood is a safe, affordable and attractive to place to live and work for both renters and homeowners. 5. Provide affordable homeownership opportunities for low income residents. Budget: $240,000 for four units. $100,000 in HOME funds (must be used for a HOME eligible activity) and $140,000 in City general funds. Up to $60,000 will be spent per unit including rehab costs and downpayment assistance. Property Requirements: 1. Properties must be located in the South District project area, with a focus on Taylor Drive and Davis Street. 2. The purchase of property for the program must not result in involuntary displacement of any residents. 3. Properties must be in a condition that can be addressed by the rehabilitation budget. 4. Properties must be a layout that can be separated for fire and utilities (side-by-side units). Homebuyer Guidelines: 1. Buyers must be under 80% of the Area Median Income per HOME guidelines. 2. Buyers must participate in free homebuyer education classes. 3. Downpayment assistance will be provided based on need and HOME underwriting standards. 4. Preference for purchasing units shall be: a. Any existing/former tenants of the selected properties b. Taylor Drive and Davis Street residents c. Residents of the broader South District project area and ICHA Family Self -Sufficiency (FSS) participants 5. Homebuying opportunities will be marketed to residents of the project area and FSS participants. 14. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 19-188 Resolution approving a purchase agreement for a duplex property located at 1232-1234 Sandusky Drive for the South District Home Investment Partnership Program. Whereas, staff has negotiated a purchase agreement with the owner of 1232-1234 Sandusky Drive for $124,000 contingent on City Council approval; Whereas, the property was damaged in a fire on April 17, 2019 and has been vacant since that then; and Whereas, the City should acquire the property as part of the South District Home Investment Partnership Program. Now, therefore, be A resolved by the City Council of the City of Iowa City, Iowa that: Upon the direction of the City Attorney, the City Manager is authorized to execute all documents necessary to purchase the property in accordance with the purchase agreement for rehabilitation and sale to income -eligible buyers. Passed and approved tthhis 16th day of July , 2019. L, M or Attest:A-=9,40Z'nApproved: City. Clerk City Attorney's Office Resolution No. 19-188 Page 2 It was moved by Thomas and seconded by Teague the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Cole x Mims x Salih x Taylor % Teague % Thomas % Throgmorton