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Home My WebLink About2006-09-19 Resolution rV1 ~ ......... ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. Ofi-)Qfi RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, North Dodge HandiMart at )';4'; N. City, Iowa, has surrendered Cigarette Permit No. 07-40 and requests a refund on the unused portion, now thereof, DodWe Str~et in Iowa ,expmng 6/30/2007 , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, lOW A, THAT: Cigarette Permit No. 07-40 ; issued to North Dodge HandiMart be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $.12-, payable to Nordstrom oil Comnany as a refund on Cigarette Permit No. 07-40 Passed and approved this 19 th day of (sJ~ MAYOR ' '() 20 06 . LJ. L- ATTEST: ~.u~~ ~ ~ CIT CLERK Approved by ~~ I, "\ -oSa City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Champion the AYES: ----X..- ---1L.. x x NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn ----X..- ---1L.. ----X-- --------_.._----~--_.,_.~-----~--_._-_.__.._"_. N\,~ I][ Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 06-297 RESOLUTION SETTING A PUBLIC HEARING ON OCTOBER 3, 2006, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRAFFIC SIGNAL INTERCONNECT PRO- JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 3RD day of October, 2006, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 19>'" day of ATTEST: )~/~..u.J ~ ~..M) CI - LERK pweng\res\traffic signal ph set. doc 'Ill' Resolution No. Page 7 06-297 It was moved by Bailev and seconded by adopted, and upon roll call there were: AYES: x 1{ x x 1{ 1{ x NAYS: ABSENT: Champion the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M~~ r'~:(;rJ Prepared by. Sara Sproule, Assl Controller, & Ron Knoche, City Engineer, 410E. Washington, Iowa City, IA 52240, 319-356-508815138 RESOLUTION NO. 06-298 RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 2006. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial Report for City Streets and Parking report for the period beginning July 1, 2005, through June 30, 2006, be approved. Passed and approved this 19th day of ~LJ ,~L MAYOR ATTEST: ~;.iA~) .;!. ~A~ CI LERK Approved by !II~~ or/I/I~J4 City Attorney's Office It was moved by Bailey and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: y x x x x x y Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn finadm\res\stpr1c:rep.doc e IOwa DePartment Of TransportatIOn City Street Financial Report CS=J Form 517007 (4-05) (pg. 1) (Cover Sheet) Office of Local Systems Ames, IA 50010 IOWAClTY . 715 . 62,220 ..... ... .. . 006 Now therefore let it be resolved that the city council of Iowa City , Iowa (city name) on 09119/2006 did hereby approve and adopt the annual (month/day/year) City Street Financial Report from July 1, 2005 to June 30, 2006 Contact Information Marian Karr ~ 8:00 AM - 5:00 PM Preparer Information Resolution Number Signature Signature Mayor City Clerk 0, j (lJ /-.-. -~.. '-./ e IOwa DePartment Of Transportation City Street Financial Report c8J Form 517007 (4-05) (pg. 2) (Summary Statement Sheet) Office of Local Systems Ames, IA 50010 IOWA CITY . . . 3115. . ... . .. . ... . 62,220 . 006 Column 1 Column 2 Column 3 Column 4 Column 1 Column 2 Column 3 Column 4 Road Use Other Street Street Debt Totals Road Use Other Street Street Debt Totals Tax Fund Monies Tax Fund Monies Round Figures to Nearest Dollar Round Figures to Nearest Dollar 0 226,902 902,853 178,161 883,239 127,450 44,650 17'2,100 1,814,803 2,804,332 2,376,816 6,995,951 379,525 871,981 70,4691 386,6051 3,698;99$ 1,547,532 $;246,52 I I 4,530,500 4;53M!lIl .__.MNNN.,*..* '""N"'"'''.__."'* 10,476,,23 3,082,180 3,082,180 i 3,949,997 10,476,323 1,316,111 1,316,111 i 7,150,672 3,949,997 7,703,771 18,804,440 2J38;55Q 0 2,772,$52 $,011,102 9,389,222 3,949,997 10,476,323 23,815,542 e IOwa DePartment Of TraIlSPOI tatlon City Street Financial Report '8:i Fonn 517007 (4-05) (pg. 3) (Miscellaneous Revenues and Expenses Sheet) Office of Local Systems Ames, tA 50010 110 Parking Revenues 245,958 112 Utility Revenue 484,157 115 Other Governments (mise,) 553,735 123 Various State Grants 416,308 127 U-STEP 1,919,101 I 170 Reimbursements (mise,) 8,189 In Labor & Services 46,112 I 173 Reimbursement For Damages 4,026 I 180 Receipts From Sales 3,201 I 182 Property or Buildings (Sale or Rent) 18,148 3,698,995 1,547,532 230 On Street Parking Only 245,958 245,958 elOwa DePartment Of TransportatIOn City Street Financial Report <lP Form 517007 (4-0S)!pg. 3) (Miscellaneous Revenues and Expenses Sheet) Office of Local Systems Ames, IA 50010 ~I~.:::mm:::f::mf'f'" ...",...............1....,::,..'..,:..... ..j....:f,:::~. '.:'.:".:.'::::: ..... ...j.,....,.':r:'!1(~~ .. ...., . .".'j OWACITY3715:.. :: .006 ...J't Cillumn;! O!lJL...r~,t SliliIItllebt ............ 194 General Fund Transfers 1,547,532 3,698,99 1,541,$32 245,958 e IOwa DePartment Of TransportatIOn City Street Financial Report .g; Fom1 S17007 (4-05) (pg. 4) (Bonds Notes and Loans Sheet) Office of Local Systems " Ames, IA 50010 ~~I!\I!. w.mmmWm.. ................s. mi'i.~s.~.:;......:..w;;:mml.ml..mml;m.mmm;.;;.....i.'. m;m~.l.......;.~...;....~.;....;mm....s.imi>.... .;!:.'Y'~.mi.i.... . ....1 OWACITY .3715.. .;... ...;. ; .;. . ;.;. ... ..; 2,220. .; ... .; ..006 m;.~_..'..... i':= .;.'#0_;m; ml .mm.... ......!>1.~...... X General Obligation StreetImprovements 0110112003 1,131,513 2015 636,209 147,310 20,134 488,899 I X General Obligation Street Improvements 10110111998 8,500,000 2013 2,755,617 354,117 126,887 2,40.......;.1.,.5...00.. X General Obligation Paving & Construction 0110111999 9,000,000 2018 3,372,200 259,400 153,434 3,112,801 X General Obligation Paving & Construction 0110112001 8,116,450 2018 6,576,231 363,008 342,928 6,213,223 X General Obligation Paving & Construction 0110111997 5,200,000 2007 653,556 326,800 30,719 326,756 X General Obligation Paving & Construetion3'~~m 0110112001 5,571,750 2016 4,309,627 360,953 192,785 3,948,674 X General Obligation Paving & Construetionj~~ 01/0112002 7,587,370 2012 5,584,163 712,645 225,036 4,87t,518 X General Obligation Paving & Construction3117. 0110112003 2,569,088 2014 2,313,122 260,578 72,394 2,052,544 X General Obligation Paving & Construction 3l!i 0110112005 3,662,334 2015 3,662,334 297,369 151,794 3,364,965 X General Obligation Paving & Construction ........ 06/29/2006 4,530,500 2016 4,530,500 4,530,500 I . i.. m m ....;.. ... ..... ..; .. .... .mml .W . m .... .... .. ........;m.... .~ c"" 4,530,500 ~ 34,393,559 3,082,180 1,316,111 31,311,379 BlOwa DePartment Of TransportatIOn City Street Financial Report (Project Final Costs Sheet) ~ Form 517007 (4-05) (pg. 5) For construction, reconstruction, and improvement projects with costs equal to or Check here if there are D ~:,~ L=~ystems greater than 90% of the bid threshold in effect as the beginning of the fiscal year no entries for this year ~~~~Jmmmm;";;.;"".' ..... ...., 'mmm'......':..mm'm.mmmmmJ. ;'m';" , "..., ;mJJJ.mJm,.m\~~mmm II ... ....... ..., . ..,....' ;;mm]~~~.. .:\ IOWACITY ..715......; ;. ..... ......... ..... .;......2,220/2006 . Section A I 3842 530,000 Bridge Yes Mormon Trek Blvd Extension Box Culvert@ Willow Creek 2 3884 & 3885 370,000 Traffic Control Yes 2005 Traffic Signalization Project-Scott/Court and Mormon Trek/Cameron Way 3 3824 557,000 Surfaces Yes 2005 Asphalt Resurfacing I 4 3851 535,556 Roadway Construction Yes South Grand Ave and Melrose Ave PCC Pavement Replacement I 5 3853 217,500 Roadway Construction Yes Grand Ave Improvements I i 6 7300 (43130) 100,000 Surfaces Yes 2005 Pavement Replacement for Water Main Breaks 7 3910 144,253 Bridge Yes 2003 Handrail Replacement 8 I 9 I Section B I I ! 1 3842 McCulley Culvert 396,505 46,587 443,Q92 I I 2 3884 & 3885 Advanced Electrical Services 401,958 10,133 412,091 i 3 3824 L.L. Pelling 586,431 3,961 590,391 i 4 3851 Metro Pavers, Ine, 429,586 -564 429,022 I i 5 3853 All American Concrete, 1nc, 207,593 41,283 248,876 I . I 6 7300 (43130) Streb ConstructIon Co, 98,193 -31,410 66,783 i 7 3910 All American Concrete, 1ne, 69,095 7,625 76,7l 8 9 elOwa DePartment Of TransportatIOn City Street Financial Report .a; Form 517007 (4-0S) (pg. 6) (Road/Street Equipment Inventory Sheet) Check here if there are no D Office of Local Systems reportable equipment Ames, IA 50010 ~fj~mm:::.. ........................:.m.m.mm:~~.m.m.:m:mmm.,......... ......m :mmm ,l', ,m mmm...,m.~................~..........m...:. ..........:....:mm. m:.:.::.'..mmm //....m=. :"~'if@llr :1 OWAClTV : .3'7l5 . :::..:..... ::::...:: 2,221) ...< :.:..............006 1II......~i!J"'"ill"'l8 ....~.....~_""Ii)~.m. ., i.ili~"; ~~ !~~ ......:......:: ....... [,,<,:<. .lli.iiii.m.....m.....: ......:..::..: ....... 316 1998 Street Paint Machine/EZ LinerAL 120EZ 31800 No No Change 310 1998 10000 GVWR Flat Bed / Chevy C-3500 22900 No Traded 312 2001 Aerial Pla1form IIntemational Elliott 4700 101129 No. No Change 306 2000 Cargo Van / Ford E-150 16400 No No Change 302 1999 12500 GVWR Basket Truck / Ford F-350 59296 No No Change 301 1998 1/2 Ton PIU / Chevy C-1500 17200 No Sold 294 2000 Mud Jack / Airplaco HJ25 23067 No No Change 292 2003 37000 GVWR Dump Truck / GMC C8500 70700 No No Change 291 2003 37000 GVWR Dump Truck / GMC C8500 70200 No No Change 290 2003 37000 GVWR Dump Truck / GMC C8500 71000 No No Change 288 2003 37000 GVWR Dump Truck / GMC C8500 70000 No No Change 280 2004 Concrete Saw / Target Pro 35 III 8584 No No Change 276 1970 Street Flusher Truck / Chevy C-60 21321 No No Change 269 2000 Street Sweeper / Johnston 3000 86929 No No Change 259 2002 Street Sweeper / Pelican P 87977 No ~o Change 245 1997 38000GVWRDumpTruek/GMCC-8500 50100 No ~oChange 244 1998 Air Compressor / Ingersol P185CWJD 11200 No ~o Change 243 1993 Air Compressor IIngersol P185CWJD 11200 No ~o Change 242 1993 Air Compressor / 1ngersol P185CWJD 11200 No ~o Change 241B 2003 500 Lb. Concrete Breaker / Bobcat B850 5678 No ~o Change 241 2003 Skidloader / Bobcat S250 27758 No ~o Change 239 2001 I-Ton Flatbed/Dodge Ram 3500 27700 No ~o Change 237 2002 Loader-Backhoe / Case 580 Super M 58960 No ~o Change elOwa DePartment Of TranspllrtatlOn City Street Financial Report <lP Fo,", 517007 (4-05) (pg. 6) (Road/Street Equipment Inventory Sheet) Check here if there are no D Office of Local Systems reportable equipment Ames, IA 50010 1~~If!iII< .;; ;;ml~.I'I. :.1..:.::.";;;< ................;;...,;,.,i!: '1!...J~..I:.I:.;;;;.;.m .;; .....;;;;;.. ..;'<m,.=.......I~..~I...;.... .'.;1.\ IOWA CITY 3715 ...i.i.11 . .2,220 i..'.ii...ii.i.,006 ... i i ...... 88i0im I II1II "" .......,. I 236 2003 Loader-Baekhoe/JohnDeere310SG 59125 No No Change . 233 1996 Crack Sealer / Craftco EZIOOD 16400 No No Change I 232B 2003 300 Lb. Concrete Breaker / Bobcat B850 4726 No No Change I 232 1998 Skidloader /New Holland LX565 17300 No Traded 230 2002 Endloader 1 Case 721C 120325 No No Change 229 1998 Endloader 1 Case 621B 98000 No No Change 227 1999 12500 GVWR Utility 1 Ford F-350 30400 No No Change 224 1989 Vibratory Roller 1 Case 252 20600 No No Change 222 2003 Chevy S-IO Extended Cab 15337 No No Change 213 1999 12500 GVWR Utility 1 Ford F-350 26600 No No Change 211 2000 Sterling /37,000 GVWR Dump Truck 62740 No No Change 210 2000 Sterling 137,000 GVWR Dump Truck 62740 No No Change 208 2000 Sterling 137,000 GVWR Dump Truck 62740 No No Change 207 1989 John Deere 1 Motor Grader 670B 74500 No No Change 205 2000 Sterling /37,000 GVWR Dump Truck 62740 No No Change 204 2000 Sterling 137,000 GVWR Dump Truck 62740 No No Change 203 2000 Sterling 137,000 GVWR Dump Truck 62740 No No Change 248 2005 13000 GVWR UtilitylFord F350 32101 No No Change 252 2005 37000 GVWR Dump Truck/Sterling L7500 83632 No No Change 253 2005 37000 GVWR Dump Truck/Sterling L7500 83632 No No Change 307 2005 Sign TruekIFord F550 78521 No No Change 293 2004 Crafteo Magnum Spray Asphalt Patcher 50645 No No Change 240 2006 13000 GVWR Flat Bed/Ford F-350 34679 No New elOwa DePartment of TransportatIOn City Street Financial Report ojp Fo"" 517007 (4-05)lpg. OJ (Road/Street Equipment Inventory Sheet) Check here ifthere are no 0 Office of Local Systems reportable equipment Ames, IA 50010 ~'..!J II UIill.<< .lili................IiImii............liiir....... ..~.....tP..~......."... it.....~....~............y,...._....................... I .'.,..... ... .".::.:.......:...', ',', .. .!.,.:..........".::........"",."'... .. .....'>:....'<<><"",..<:::.:.:....... : : .. .. .:..:. ......... '." OW A CITY 3715 . ,220 . 2006 . 202 2006 112 Ton Pickup/Chevrolet Silverdao 1500 15544 No New 232 2006 Skidloader/John Deere 325 28509 No New 212 2006 12000 GVWR Flat BedlGMC Sierra 3500 4X4 37883 No New 308 . 2007 112 Ton Piekup/GMC Sierra 1500 15453 No New elOWaDePartmentOfTransportatlOn City Street Financial Report <jp Form 517007 (4-05)(00. 7) (Explanation Sheet) Office of Local Systems Ames, IA 50010 j:.lIIIIlfttj.> ."~.~,..,.. ........ :..m~~~>HH p... .::...H~il!I'liI.'fill~;.' .1 IOWA CITY 3715 2,22(l . 006 . Adjustment amount of$714,00 on line A.2. Column I Road Use Tax Fund- he check issued by the Iowa DOT for Transfer of Jurisdiction Payments in December 2005 was never received by the City of Iowa City. Per call from Tammi Bell, IA DOT, on 8/22/06 this amount should be removed from the report if it was not received, However, the amount on line 8.2" Revenues-Transfer of Jurisdiction Funds, $9,464,00 is a field that is automatically filled-in and cannot be changed, so the change for this was reported on line A.2.-Adjustments. N\~ a:J Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-299 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1164 HOTZ AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Life Lien, executed by the owner of the property on December 21, 1987 and recorded on December 29, 1987, in Book 990, Page 256, and a Mortgage executed on August 23, 2000, recorded August 28, 2000 in Book 2999, Page 689 through Page 693, in the Johnson County Recorder's Office covering the following described real estate: The West half of Lot 16 in Raphael Place, an Addition to Iowa City, Iowa, according to the Plat thereof recorded in Book 1, Page 114, Plat Records of Johnson County, Iowa. WHEREAS, Hills Bank and Trust Company has refinanced a mortgage to the owner of the property located at 1164 Hotz Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Hills Bank and Trust Company, has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure the City liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Iowa City, Iowa. Passed and approved this 19th day of Spp~pmhpT ,20..llL-. ~l51L--- MAYOR ATTEST: ~..;~. k. I{~. CI LERK Approved by '~~ Cj ~ ~-()~ City Attorney's Office Resolution No. Page -.?:..- 06-299 It was moved by Bailev and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x X X x x r.h::lmpi on Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company of Iowa City. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain a Life Lien which at this time is in the amount of $3.000, and was executed by Jeffrey J. Cooper and Gwendolyn Cooper (herein the Owner), dated December 21.1987, recorded December 29.1987, in Book 990, Page 256. and a Mortaaae which at this time is in the amount of $2.388 executed by Jeffrey J. Cooper (herein the Owner), dated Auaust 23. 2000, recorded Auaust 28. 2000, in Book 2999, Page 689 through Page 693, Johnson County Recorder's Office, covering the following described real property: The West half of Lot 16 in Raphael Place, an Addition to Iowa City, Iowa, according to the Plat thereof recorded in Book 1, Page 114, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $134.821.15 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Life Lien and Mortaaae held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Life Lien and Mortaaae held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Life Lien and Mortaaae of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ....l2.tll day of Seotember , 20.....Q.L. CITY OF IOWA CITY By ~ CJ.iL ayor FINANCIAL INSTITUTION Attest: ~~-u/.j( ~ City rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this /9+1.. day of ~"'MS",p , 20 0," , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared R 05& i.J i I b", .. n and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. 1>6 - 30"'1 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the 1'1 H,. day of $epreHl8EJ? ,20~, and that 1<:",55 W ; I bu...., and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. I)~.. SONDRAEFORT o ~ Commission Number 159791 . . My Commission ExpIres ow .1- - D .&ni...., f&;b Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ~1(4:<g ~41. J..a4Jr (name(s) of person~~ authority, e.'g, officer, trustee, etc.) of .. . + '1.sf ~'J party of behalf of whom instruments was executed) . KW-'K'I~ Notary Public in and for the State of Iowa My Commission expires: C><.h:t:uv 2 2, 2-008' i1 KEW K. BOWERS ~ eo..AlIIIClI' Number 719147 . . ~ew.,.,d88ion ExpIr!ts ~n~ 22,1...oC~ 2006 by (type of (name of N\\co ~ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa Ctty,IA 52240 (319)356-5246 RESOLUTION NO. 06-300 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1228 LOUISE STREET, IOWA CITY, IOWA. WHEREAS, on November 3, 2000, the owners executed a Mortgage with the City of Iowa City; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 1228 Louise Street, Iowa City, Iowa from a Mortgage recorded November 8, 2000, Book 3017, Page 182 through Page 186, of the Johnson County Recorder's Office. Passed and approved this 19th day of Sentember , 20...M...-. ~LJ~ MAYOR ATTEST:/k-:'-.J)(. ~~ CI LERK Approved by C.... ~ " ,c, ,0(, ~ City Attomey's Office It was moved by Bailev and seconded by Resolution be adopted, and upon roll call there were: Champion the AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilbum x X X X v v J{ -,--,_..__._-_._---~"~~-~---,-_.~~-_.__..."-_._._-----_._-_._._---_._---~---'-- Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Julie M. Franzenburg and Jill J. Mordick Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property located at 1228 Louise Street, Iowa City, Iowa and legally described as follows: Lot nine (9), Block six (6), Towncrest Addition to Iowa City, Iowa, according to the plat thereof, recorded in Book 4, Page 323, plat records of J.ohnson County, Iowa. from an obligation of the owners, Julie M. Franzenburg and Jill J. Mordick, to the City of Iowa City represented by a Mortgage, recorded November 8,2000, Book 3017, Page 182 through Page 186, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recor~etJ ~ ~ MAYOR ATTEST: ~u':'~ k. I:!a-~ CI LERK Approv~ by ~ '~~ City Attorney's Office S. -G -<<. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 19 +'--day of SeP-rtM4_ ,A.D. 20....QjL, before me, the unde"'igned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on bebalf of the corporation by authority of ~s City Council, as contained in Resolution No.04-lNl adopted by the City Council on the ~day S"PrE.ttt_P, 20 t) b and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. S~~ Notary Public in and for Johnson County, Iowa __M._..__.,~._~___~___.____~__._'___________'~___'___.___...u___~~___~__._.___.._..__~__ _.w,_,___~____,_________._'__~_"_______"'_'_'_'_"'_'_____._ ~~ rJ:J Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-101 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND AN AMENDED MORTGAGE FOR THE PROPERTY LOCATED AT 1625 CALIFORNIA AVENUE, IOWA CITY, IOWA. WHEREAS, on September 13, 1996, the owners executed a Mortgage with the City of Iowa City; and WHEREAS, on May 30,1997, the owners executed an Amended Mortgage; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 1625 California Avenue, Iowa City, Iowa from a Mortgage, recorded September 20, 1996, Book 2158, Page 321 through Page 325, and an Amended Mortgage, recorded June 2,1997, Book 2279, Page 47 through Page 51, of the Johnson County Recorder's Office. Passed and approved this 19th d"of ,..~=. b,er ,20JL. ~ LJ~- - MAYOR ATTEST:~; ~-u-J II. ~A.A.) I LERK Approved by ~~~ 1-~'O~ City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Champion the AYES: NAYS: ABSENT: x ~~ x Champion x Correia x Elliott x O'Donnell x Vanderhoef x W~~ --------------_._._,._-_._----~._,-----_._..__._--~--"------~--~-",._.,-~._._-_._._. -- _._--_._.._._-,.,..._,--,-,_._.__._------_.,-_.._".~---.---------------.--'.-- Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): George E. and Richelle T. Davis Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 1625 California Avenue, Iowa City, Iowa, and legally described as follows: The East 42 feet of Lot 190, and the West 18 feet of Lot 191, in Part 4, Hollywood Manor Addition to Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 8, Page 41, Plat records of Johnson County, Iowa. from an obligation of the owners, George E. and Richelle T. Davis, to the City of Iowa City represented by a Mortgage, recorded September 20, 1996, Book 2158, Page 321 through Page 325, and an Amended Mortgage, recorded June 2, 1997, Book 2279, Page 47 through Page 51, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recor~ I .~ MAYOR ......... ATTEST:7Jt.~k. ~ CITYcrERK Approved by (;;~_L~~ c:;,~ - 010 City Attorney's Office STATEOFIOWA ) ) ss: JOHNSON COUNTY ) On this /9-1J.. day of S/; PrE.J/\I.;' ~ , A.D. 20J:l..iL, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on bNIalf of the corporation by authofi!y of its City Council, as contained in Resolution No.O~ adopted by the City Council on the ~ day 'l..~ ~, 20 0 ~ and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. S.....JMU r:&rb Notary Public in and for Johnson County, Iowa MJ~ IJ:J Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. Ofi-107 R!=SOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1306 WHITING AVENUE COURT, IOWA CITY, IOWA. WHEREAS, on February 7, 2006, the owner executed a Mortgage with the City of Iowa City; and WHEREAS, on May 24, 2006, the owner executed a Promissory Note; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 1306 Whiting Avenue Court, Iowa City, Iowa from a Mortgage, recorded February 10, 2006, Book 3990, Page 664 through Page 669, and a Promissory Note, recorded May 26, 2006, Book 4028, Page 844, of the Johnson County Recorder's Office. Passed and approved this 1 qth @:U~20~ MA OR ATTEST: ~.-v~.....J~. k~ CI CLERK ~roved b{. t"> ~ ~ cr ~ 8'"_0<;"- City Attorney's Office It was moved by BAilev and seconded by Resolution be adopted, and upon roll call there were: Chamoion the AYES: NAYS: ABSENT: x X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x "",~------,-,-,,----~-------,----,,~-,---~'-""-----'---.'--.-----.----.-.------- Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Eugene Gills Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 1306 Whiting Avenue Court, Iowa City, Iowa, and legally described as follows: Lot 13 of Whiting Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 151, Plat Records of Johnson County, Iowa. from an obligation of the owner, Eugene Gills, to the City of Iowa City represented by a Mortgage, recorded February 10, 2006, Book 3990, Page 664 through Page 669, and a Promissory Note, recorded May 26, 2006, Book 4028, Page 844, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds "p'" ''''Io!he .bo~ prnporty by ,..roo of ". p'" "'au Qk MAYOR ATTEST: ~~E;K--;> .J!. -k!,~ Approved by ~~ "1. - R"-os... City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this If( Il, day of SE;PT1;:;o\B.E./Z ,A.O. 20ft, before me, the undersigned, a Notary Public in and for said County, in said State, personalty appeared Ross Wilburn and Marian K. Karr, to me personally known. who being by me duly sworn. did say that they are the Mayor and City Clerk, respectively I of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporatton, and that the instrument was signed and sealed on behalf of the corporation by authority of os City Council, as contained in Resolution No.~adopted by the City Council on the ~ day ~lSI'I:NflC> , 20 0 ftj: and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by 0 and by them voluntarily executed. S--L..u F~ Notary Public in and for Johnson County, Iowa ~D:D Prepared by: Joe Fowler, Parking & Transit, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156 RESOLUTION NO. 06-303 RESOLUTION ACCEPTING THE WORK FOR THE COURT STREET TRANSPORTATION CENTER WHEREAS, the Department of Parking & Transit has recommended that the work for construction of the Court Street Transportation Center, as included in a contract between the City of Iowa City and Knutson Construction Service, of Iowa City, dated September 9, 2003, be accepted; and WHEREAS, the Architect's Report and the performance and payment bond have been filed in .the City Clerk's office; and WHEREAS, the final contract price is $9,940,162.00. NOW, THEREfORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT, said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th d~OfG2~< lJ ,'L MAYOR ATTEST: ~....~) -R. ~.J CI LERK Approved by . /- 1~(oro City Attomey's Office . It was moved by Bailev and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: x X X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn wpdatalparkinglreslacptwr1<..c5TC.doc (lMfj D:rJ Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 06-304 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR VILLAGE GREEN - PART XXIII AND VILLAGE GREEN - PART XXIV, 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: Sanitary sewer, storm sewer, tile line, and water main improvements for Village Green - Part XXIII and Village Green - Part XXIV, as constructed by Carter and Associates, Inc. of Iowa City, Iowa. Certain sidewalk and paving improvements for Village Green - Part XXIII and Village Green - Part XXIV, as constructed by Streb Construction Co., Inc., of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 19th day of September ~ujL MAYOR - ATTEST: ~ ..J!. ~ CITY LERK 6f' /; '} 1"Ge> It was moved by Bailev and upon roll call there were: and seconded by Champion the Resolution be adopted, AYES: NAYS: ABSENT: x X X X X J( Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn v pwenglreslaccepl-VG23-24.doc . ----_._,,--_._.._--_._-_.__.,._--_.__._-------~_.__._--.---.---. /) r /) I ~ ! :t~w~1lt ~~~"'lIDlmi.;, -..~ CITY OF IOWA CITY 4 J 0 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT September 8, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: Village Green - Parts XXIII and XXIV Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, certain sidewalk, and paving improvements for Village Green - Part XXIII and Village Green - Part XXIV has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Carter and Associates, Inc. of Iowa City, Iowa, and for the sidewalk and paving improvements constructed by Streb Construction Co., Inc., of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, ~"...)J. 1Z. K-/.- Ronald R. Knoche, P.E. City Engineer pwengfengrpt-vg23-24.doc MiS fJ:1J Prepared by: Denny Gannon, Assl. City Engineer, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 06-305 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER LIFT STATION, FORCE MAIN, AND LIFT STATION ACCESS ROAD PUBLIC IMPROVEMENTS FOR CARDINAL RIDGE - PART ONE, 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: Sanitary sewer lift station and force main improvements for Cardinal Ridge - Part One, as constructed by Carter and Associates, Inc. of Iowa City, Iowa. Lift station access road improvements for Cardinal Ridge - Part One, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 19th day of September ~u~ MAYOR ATTEST: JA~_~~ k. CITY ERK ~) AP~~ CitY Attorney's ffiY &f t VrlCo It was moved by Bailey and upon roll call there were: and seconded by Champion the Resolution be adopted, AYES: NAYS: ABSENT: x x x x x y y Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng/res/CardinaIRidge.One,doc ~._~--_._--,--~---_.,--,----..,..,-~._.._._--_.._~--_._--..--,.-----..--..--.-------.-..- 1\ /J (!\ ,j C . Ie i ~ i ~~~~tt ~~"Sr"IID'" ......~ CITY OF IOWA CITY 4] 0 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT September 8, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: Cardinal Ridge - Part One Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer lift station, force main, and lift station access road improvements for Cardinal Ridge - Part One has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer lift station and force main improvements constructed by Carter and Associates, Inc. of Iowa City, and for the lift station access road improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, eJ~K<. D Ronald R. Knoche, P.E. City Engineer pweng\letters\engrpl-cardinalrdg1.doc tIi~ ~ ~ Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. Oh-10 6 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, CERTAIN SIDEWALK, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR WEST - PART ONE, 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: Sanitary sewer, storm sewer, and water main improvements for Windsor West - Part One, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Certain sidewalk and paving improvements for Windsor West - Part One, as constructed by Metro Pavers, I.nc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this lQt'h day of September cZ(A J ~ - MAYOR ATTEST: ~/~~ ) ~ ~.J CI . LERK Approved by /J . ~~ ~ ~1t~/6'0 orney' ffice It was moved by Bailey and upon roll call there were: and seconded by Champion the Resolution be adopted, AYES: NAYS: ABSENT: x x X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwenglresfaccepl windsorwestpl1.doc .---,.."._---~-~ --. .. ._---~_._-"....._. - -_._-_._.._._-"--,_...-.._-_.~~._~.~'- 31' (cl I ~ ! -....= -~ !~rN"!I!:"t ~~"III1.m__ ....,.... ~ CITY OF IOWA CITY ENGINEER'S REPORT 410 East Washington Street Iowa City, Iowa 52240-1826 (319J 356-5000 (319) 356-5009 FAX www.icgov.org September 12,2006 Honorable Mayor and City Council City of Iowa City, Iowa Re: Windsor West - Part One Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, certain sidewalk, and paving improvements for Windsor West - Part One has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for the sidewalk and paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~~ Ronald R. Knoche, P.E. City Engineer ____.,__~~_.___________.~__~...___._____.,._ _ _ ______ _ __,,__~__._~___ _._.._____._'__m____.____~'__.. " ~ ~ ff '/3 Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB06-00010) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF SIL VERCREST RESIDENTIAL COMMUNITY - PART 3, IOWA CITY, IOWA. WHEREAS, the owner, Dial Corporation, filed with the City Clerk the final plat of Silvercrest Residential Community - Part 3, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Lots 1-8, Outlot "A", and Outlot "B" of Silvercrest Residential Community - Part 2 according to the plat recorded thereof in Plat Book 46 at Page 7, Johnson County Recorder's Office, Iowa City, Iowa, containing 12.17 acres, more or less, and is subject to any easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision,and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. Page 2 Passed and approved this day of ,20_. MAYOR ATTEST: CITY CLERK Approved by /// ~ ~~Q(G>c... 6'~~n~~'Off,ce It was moved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ppdadrrin\res\silvercreslpt3.doc ~ -# /1j LL1 Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (SUB06-00014) RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE - PART TWENTY "8", IOWA CITY, IOWA. WHEREAS, the owner/subdivider, Arlington Development LLC, filed with the City Clerk of Iowa City, Iowa, the final plat of Windsor Ridge - Part Twenty "8", Iowa City, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: BEGINNING AT THE CENTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S89058'56"E, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 616.82 FEET, TO THE NORTHWEST CORNER OF WINDSOR RIDGE - PART TWENTY "A", IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 48, AT PAGE 109, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOooOl'04'W, ALONG THE WEST LINE OF SAID WINDSOR RIDGE - PART TWENTY "A", A DISTANCE OF 278.34 FEET, TO THE SOUTHWEST CORNER THEREOF, AND A POINT ON THE NORTH LINE OF WINDSOR RIDGE - PART SEVENTEEN "B", IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 46, AT PAGE 188, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORTHWESTERLY, 184.04 FEET, ALONG SAID NORTH LINE ON A 205.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 177.92 FOOT CHORD BEARS N59022'42"W; THENCE NORTHWESTERLY, 29.71 FEET, ALONG SAID NORTH LINE, ON A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 27.05 FOOT CORD BEARS N42032'24"W; THENCE N89002'46"W, ALONG SAID NORTH LINE, SO.Ol FEET; THENCE SOUTHWESTERLY, 31.42 FEET, ALONG SAID NORTH LINE ON A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 28.28 FOOT CHORD BEARS S4so01'04"W, TO THE NORTHWEST CORNER THEREOF, AND THE NORTHEAST CORNER OF WINDSOR RIDGE - PART NINETEEN "B", IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 47, AT PAGE 105 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89058'S6W, ALONG THE NORTH LINE OF SAID WINDSOR RIDGE - PART NINETEEN "B", A DISTANCE OF 177.00 FEET; THENCE NORTHWESTERLY, 31.42 FEET, ALONG SAID NORTH LINE ON A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.28 FOOT CHORD BEARS N440S8'S6"W; THENCE N890S8'S6"W, ALONG SAID NORTH LINE, SO.OO FEET; THENCE SOUTHWESTERLY, 31.42 FEET, ALONG SAID NORTH LINE, ON A 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 28.28 FOOT CHORD BEARS S45001'04"W; THENCE N89058'S6"W, ALONG SAID NORTH LINE, 106.74 FEET, TO THE NORTHWEST CORNER THEREOF, AND A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 7; THENCE NOoo29'10"W, ALONG SAID WEST LINE, 187.03 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 2.70 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Resolution No. Page 2 WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The final plat of Windsor Ridge - Part Twenty "B", Iowa City, Iowa located on the above- described real estate is hereby approved. 2. The City accepts the dedication of the street, easements and public open spaces as provided by and specifically sets aside portions of land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,20_. MAYOR ATTEST: CITY CLERK Approved by L---- '{ /i 5'r0~ City Attorney's Office It was moved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliot O'Donnell Vanderhoef Wilburn pcdIstaff reportslreslFinal-resSUBOO-OOO14 Windsor Ridge Part 20B.doc ~s; STAFF REPORT To: Planning & Zoning Commission Prepared by: Sunil Terdalkar Item: SUB06-00014 - Windsor Ridge Part Twenty B Date: September 7,2006 GENERAL INFORMATION: Applicant: Arlington Development INC. 1486 First Ave, Unit A Iowa City, IA 52240 (319) 338-8058 Contact Person: MMS Consultants, Inc. 1917 South Gilbert Street Iowa City IA 52241 Phone: (319) 351-8282 Requested Action: Subdivision Final Plat Purpose: Development of a 2-lot residential subdivision Location: South of Lower West Branch Road north of York Place Size: Approximately 2.70 acres Existing Land Use and Zoning: OPD-8 Surrounding Land Use and Zoning: North: Undeveloped County Residential - R South: Residential Planned Development - OPD-8 East: Residential Planned Development - OPD-8 West: Residential Planned Development - OPD-8 Comprehensive Plan: Low Density Single-Family Residential File Date: August 11, 2006 45-Day Limitation Period: September 25, 2006 60-day Limitation Period: October 10, 2006 BACKGROUND INFORMATION: The applicant, Arlington Development Inc., is requesting approval of the final plat of Windsor Ridge Part Twenty B, a 2-lot residential development with one outlot on approximately 2.70 acres of land. The property located south of Lower West Branch Road, north of York Place and west of Red Hill Lane. This is subdivision is part of the overall Planned Development of Windsor Ridge Parts Sixteen-Twenty. The Preliminary Plat and Preliminary OPD for was approved in November 2002. 2 ANALYSIS: The final plat as submitted is, in general, consistent with the preliminary plat. With this subdivision, approximately eleven town homes on two low density multi-family residential lots will be added to the planned development of Windsor Ridge. The final plat is being reviewed by the City Engineer. Legal papers have been submitted and are being reviewed by the City Attorney. Review and approval of construction drawings by the City Engineer and legal papers by the City Attorney is required prior to City Council consideration. In the proposed subdivision, Outlot A covering approximately 0.88 acres (previously shown as 0.93 acres on the preliminary plat) of land is to be dedicated to the City as open space. This dedication will partially satisfy the Neighborhood Open Space requirements for Windsor Ridge Parts Sixteen- Twenty. The conditional zoning agreement agreed upon at the time of the planned development approval specifies that the applicant is to dedicate 0.93 acres (identified as Outlot A along Lower West Branch Road) and pay fees in lieu of 0.99 acres. After the dedication proposed with the final plat, the applicant is required to dedicate 0.05 acres of land as Neighborhood Open Space or pay additional fees in lieu of land. The legal papers should address this issue. STAFF RECOMMENDATION: Staff recommends approval of SUB06-00014, a final plat for Windsor Ridge Part Twenty B, a 2-lot, residential planned development on approximately 2.70 acres of land located south of Lower West Branch Road and north of York Place, subject to staff approval of construction drawings and legal papers prior to City Council consideration. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development ~. ppdadmin\stfrep\sub06-00014 windsorridgepart20b-final I ! CiTY OF IOWA CITY ~ I \ I --. I I I I I lY I 1 0 0 I I 0 z 0 ~I 2: ? 161 17 w I~I lY , c:J 0 I =c I OP08 1;31 OPOS ,~NI\<A Si 19i1 III ~: I z - -.--/ - I , I I -=-\-fr-]- 1 1 I I 0 ~~---------------- / / I I ?5 C-1i\DVv'!Cf< L\ '-~MY \- ~ / / I / ~ '~/i / / / 4. 7 Cl \-- ---f\ 'I T 111-1-1-111 T IT ~ "' \ / / "'/ ~--1 LLLLLU_I_U~D " I I / "' \ CAMDEN RD I~!j, r_' / / ~---1 ITI-I-I-I-I-I-1TTli I 'I t. i\i / / \~\ \~~ CJST,A\/ :::;T S/ / 15/ / ," 0/ / ('J CJ/ / lJ <'/ / :;;/ SITE LOCA nON: Wndsor Ridge Part 208 SUB06-00014 Final PIa t 270 ACRES _T"' seAOE ""E"VED '0" ",ODeD,". u.._ WindS~:bdi~ni~,~o:on o~tA~~o:~g, ~~;t~ty "B" M Iowa City, Iowa M I ~~ OWNER/51lBDMDER; SillilID'IDER'S A1TORNEY: !I! " POINT OF BEGINNING }IllS CONSULTAN'I'S INC Arlington Development!ne Michael J. Pugh C<NIER 1917SGilbertSt l.taa5.Fi.rstA.."ue TowerPle.ce 'I SEOTION 7~T7<JN_.~W IOTA CITY. IOTA. 52240 Unit ^, One South Gilbert Street ""THE''"""''') ]owa C,ly, 10.....52240 10....C,ty.lo_52240-3914 j "oo.'~O .~1:~"". 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't~'~<--'I':,t,I-;~:":~"-'_'______'~2:::';;. p-',= ~i!~J~~t' LEGEN D AN D NOTES 5761CST.SWSUITEO ~ "o,~ ,.,,,,,,,,,,,,,. - 1;" ~ ---.' 8 h' ~~ CEllAR RAPIDS, IOWA 52104 I 277 II~: : 10 UiT"A".) : :-11 -"',,.., '" -t!;~ ~ - C~GIlESSIONAL COONER, FOOND (Jlgl841~166 ".4M ,.-;;:..~~-~ ' ' I, .,1' -, 1"1 "~~-' ... ~..I-'~ IS _ CONGRESSIONAL COONER. RcESTAEILISHED 0."'" I h.. 0, 1 ;l0ii!-t,~ -+- z;: -CI;I<<;IlESSIONALCOONER.RECOFlOEDLOCAllON , ...'--"'''''I,:,.~'' L .....,.'"'""..,'....'-- ,.=::' ,: &I.~. .~ . _ PRQPERTYCORNER(S). FOUND (00 not.d) I. ''''':74. !i! lin~t~ I -P~QPE~TYCO.~NERSS[T ., .......... W '" (gJ-~~ (~/e. I",,, Pm ~/ ,.11_. p'a.'''' LS Cap ~ - i;! li;;:~ ~ III 'IE PR~~-;'od.lei~ ~~~~ky UNES ""'. 1-...."", I " oei'f _ CONGRESSIONAL SE:CTlON UNcS '"~~ f'FR GDM REV'FW I ::~:~;,OO" _ ". ". g~f" :=:.:=-.--=-.~:: ~~~R~'-;'~~Y LINES Oa.UOOO PERClTYREv'",W...vM ! ~:~~~ ~:~~. t~~\ ' ~~~ u -=... :: ~g~ ~~~~: ~J:~~ OIl 6Y DEED C.ale I ~ t_,..,e T.'8.30 l_....'o<~ '", ) :Jl ~....... bJ - - - - - - - - - - _ EASEWElH UNES, VI(lTH .Ie PURPOSE NOli:D ClP-""""'W~ t:5-s..."......lcZ"o" T_08.74 / .m....".. -------EX'SllNGEASEo.IENTLINES.PURPOSENOli:O ~ ca~N.."n.... Cz"H2, -, GRD'IIIC SC.\lIIlI nn - RECOIlllED DlWE>lSlOOS Ii: 2119 'C"....='.~..... J".JW' -WEASUREDD'WENSlOOS I 214 !; I ~n I + __ - - CURve: SE:(;NENT NU"'BE~ ~~ ~ ~ ~ Ii lJItLfSSHOilllOll<ERWlSE.Ol..lO<UfN~ON'SAAE:"m:TmJfII.IOl(J)lIlS - - ,- A, :'~ ~ 4:' -. ... ERROR OF QOSURE IS lESS THAN 1 FOOT IN 20.000 FEET i I I II ..~V'::. V':'.t,) Ii ~l:~: I I~.&~~v~~~,\. ~ ~~..~iJ I I : ,,"f:~?~ ~ jtJ,,;~r 1. I ~! '" """'-=-1 "'!", ' ..'! I.~:~'" ~~'"'''' I q ~~if '" ~;';'/ '(. V FINAL PLAT I I , o~'" 'M' """0 '"' mo"," " M,. "". " '" ",_,,~ " M""M l O"""'opm."t 'OC_ . . """-,,,y *G. mo.. ""_ my >Up.""';"" 01 , P"'i",, of tt,. 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MJ8 52-48 CITY BUDGET AMENDMENT AND CERTIFICATIDN RESOLUTION To the Auditor of JOHNSON County, Iowa: The City Council of Iowa City in said County/Counties met on 9/19/06 ,at the place and hour set in the notice. a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. thereupon, the following resolution was introduced. RESOLUTION No. 06-107 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE: 2007 (AS AMENDED LAST ON .) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published and the public hearing held, 9/19/06 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget Total Budget as certified Currenl after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes levied on Proll~ 1 39,094,108 0 39,094,108 Less: Uncollectted P~rtv Taxes.levv Year 2 0 0 0 Net Current Property Taxes 3 39,094,108 0 39,094,108 Delinnuent ProrlArtv Taxes 4 0 0 0 TIF Revenues 5 1,496,035 0 1,496,035 Other GiN Taxes 6 1,382,222 0 1,382,222 Licenses & Permits 7 1,219,543 0 1,219,543 Use of Monev and Pronerlv 8 2,440,048 15,767 2,455,815 Interoovemmental 9 35,321,003 3,523,918 38,844,921 Charoes for Services 10 38,463,252 0 38,463,252 Soecial Assessments 11 0 0 0 Miscellaneous 12 4,385,446 116,200 4,501,646 Other Financina Sources 13 47,435,150 9,167,159 56,602,309 Total Revenues and Other Sources 14 171,236,807 12,823,044 184,059,851 Expenditures & Other Financing Uses Public Safetv 15 16,763,459 343,172 17,106,631 Public Works 16 10,682,861 138,317 10,821,178 Health and Social Services 17 0 0 0 Culture and Recreation 18 10,330,745 100,820 10,431,565 Gommunitv and Economic Development 19 5,091,154 457,268 5,548,422 General Government 20 7,501,998 5,057 7,507,055 Debt Service 21 12,017,613 0 12,017,613 Canital Proiects 22 23,610,870 12,280,148 35,891,018 Total Government Activities Expenditures 23 85,998,700 13,324,782 99,323,482 Business Tvoe I Enterorises 24 45,327,578 2,161,272 47,488,850 Total Gov .Activities & Business Expenditures 25 131,326,278 15,486,054 146,812,332 Transfers Out 26 38,674,934 9,080,431 47,755,365 Total ExpendlturesfTransfers Out 27 170,001,212 24,566,485 194,567,697 Excess Revenues & Other Sources Over (Under) ExpenditurestTransfers Out Fiscal Year 28 1,235,595 -11,743,441 -10,507,846 Contlnulna AODroortatlon 29 0 N/A 0 Beainnlna Fund Balance Julv 1 30 94,728,106 16,859,980 111,588,086 Ending Fund Balance June 30 31 95,963,701 5,116,539 101,080,240 Passed this l~ (Day) day of September. 7006 (il.:_L-J ~ Signature Mayor 7?tA/~~/~ K ~a-uJ Signature City Clel1~rh.ll..ee Sffivv. _ ___~_._._________.___.___.____~.____~._.~_____~_..,__.__ ~~____'_______'__'-'____"'___._~_____'_ __._____m____._____....__________..____... .---.-......- Resolution No. Page ? 06-107 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x x x x x x NAYS: Bailey the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn -----~_._------~-,--_.._.__.~~-~._~---_.~-- M-1-~ ~ Prepared by: Kumi Mortis, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356~5044 RESOLUTION NO. 06-308 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HOUSING AND INSPECTIONS REMODELING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, until 10:00 a.m. on the 20th day of October, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be pUblished as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 14th day of November, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 19th d., of r2::. ( MAYOR ,20 06 J~ ATTEST: 7J~ K. ~AA/ CITYERK pweng\res\hisappp&s.doc 9/06 Approved by ~~~ ~/i~~ Resolution No. Page ? 01;-,01\ It was moved by V~nilprhnpf and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x X X x o1nonnpl1 ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilbum _._---~-----"._._~~-_.._."-_._-----_..,._--_._--..._----- M1-[) ~ Prepared by: Mitchel T. Behr, Assl. City Atty., 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-109 RESOLUTION APPROVING A LOAN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY WHEREAS, the City is leasing to Habitat for Humanity approximately 9,000 square feet of building space located at 2401 Scott Boulevard in Iowa City ; WHEREAS, Habitat for Humanity is asking the City for a loan to fund improvements to the leased premises to be completed by Habitat, including the installation of a handicapped accessible bathroom, overhead door, 2 upgraded fire doors, upgrades to existing heaters and closure of 2 existing overhead doors; and WHEREAS the City Council finds it is in the public interest to enter into said loan agreement for the improvements to the premises, in accordance with the Loan Agreement attached hereto. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and City Clerk are hereby authorized and directed to execute the attached loan agreement, and appropriate City Staff is authorized to advance said loan to Iowa Valley Habitat for Humanity in accordance therewith. Passed and approved this 19th day of September V~ J JL.. MAYOR ,2006. ATTEST: ~ ~ ;;I(.u.-J CITY LERK ~ ~ Atto ey'a OffIC'~ ~/<<Il1v Resolution No. Page 7 06-109 It was moved by r.hampion and seconded by adopted, and upon roll call there were: AYES: x x x y y x x NAYS: C:orreia the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn LOAN AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA VAllEY HABITAT FOR HUMANITY THIS AGREEMENT is entered into by and between the City of Iowa City, a municipal corporation ("City"), the owner of 2401 Scott Boulevard, Iowa City, Iowa, and Iowa Valley Habitat for Humanity ("Habitat"). WHEREAS, the City is leasing to Habitat approximately 9,000 square feet of building space located at 2401 Scott Boulevard, Iowa City, Iowa; WHEREAS, Habitat has asked the City for a loan to fund improvements to the leased premises to be completed by Habitat, including the installation of a handicapped accessible bathroom, overhead door, 2 upgraded fire doors, upgrades to existing heaters and closure of 2 existing overhead doors; and WHEREAS, pursuant to the Lease between the City and Habitat such improvements require the submission of a written description of the proposed work along with plans and drawings respecting the same, to the City for approval. NOW, THEREFORE IT IS AGREED BY THE CITY AND HABITAT AS FOllOWS: 1. In consideration of the City's providing funds in the amount of $13.650 to Habitat, Habitat shall repay to City $13.650, within 3 years of the date the City advances said funds to Habitat. Minimum payments shall be made on or before the first through third anniversary dates of the date the City provides the funds to Habitat, according to the following schedule: a. First anniversary date; b. Second anniversary date; c. Third anniversary date; $4.550.00 principal $4.550.00 principal $4.550.00 principal 2. Pursuant to the Lease between the City and Habitat, prior to commencement of the proposed work, Habitat shall submit to the Public Works Department for approval such plans and drawings respecting the same. Following approval of the Public Works Department, Habitat shall obtain a building permit prior to commencing any work. Habitat is responsible for all submittal requirements and fees necessary to obtain the building permits. 3. No interest shall accrue on the loan from the City to Habitat provided minimum payments are made as required in paragraph 1. If minimum payments are not made as required in paragraph 1, interest shall commence on the unpaid portion of the loan at a rate of 7 percent per annum. If minimum payments with interest are not made within 90 days of the dates outlined in paragraph 1.. Habitat's lease agreement for use of this property may be terminated. DATED this 19th CITY OF IOWA CITY day of September ,2006. IOWA VALLEY HABITAT FOR HUMANITY ~C}~ fk,~ (Name & Title) Attest: ~~~-'-.J J(. ~~ (Name & Title) M+ra em Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5149 RESOLUTION NO. 06-1]0 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 ENGINEERING ALLIANCE, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE U.S. HIGHWAY 6 & GILBERT STREET INTERSECTION IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City desires to improve the capacity at U.S. Highway 6 & Gilbert Street by modifying the geometries; and WHEREAS, this project will add dual left-turn lanes to Northbound and Southbound Gilbert Street at its intersection with U.S. Highway 6; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the U.S. Highway 6 and Gilbert Street Intersection Improvement Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Engineering Alliance, Inc., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Engineering Alliance, Inc.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's 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's Agreement, in duplicate. Passed and approved this 19th d" of Gr'u :Q[-"L_ MAYOR ATTEST: ~-<14<) ..J.(. ~ CI ERK q /nJt9~ pweng\res\engineering alliance agtdoc --_.._----------_._-~--_.__._._.._._-,--_._~------_._-----------_.__._.__.._._-~_._-_._-_...._-_._---_.._---,.-.._---_.._._-_.._.._._-_._~"-----_.- Resolution No. Page 7 06-110 It was moved by R~; 1 Py and seconded by adopted, and upon roll call there were: AYES: NAYS: y y x x x x x Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ "_'._..m..~~_~_~__'_'~"_"______"~'_'___'_'_'_'____'___~__..__,_.__,..__.__________.____.___~".___._______,___.___n___.______ .,.------------.,--, CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 19th day of September , 2006, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Enaineerina Alliance. Inc. ,of Cedar Rapids, hereinafter referred to as the Consultant. WHEREAS, the City desires to secure the services of the Consultant to provide engineering services related to the proposed intersection improvements to U.S. Highway 6 and Gilbert Street and; WHEREAS, the design services to be provided shall include conceptual, preliminary and final design of intersection geometric improvements, traffic signal design, utility relocation and modifications, determination of existing and proposed right-of-way including acquisition plats and general plan preparation. The total length of the proposed intersection improvement plans is on Gilbert Street from First Street to Stevens Drive, approximately 1,900 LF in length. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the engineering services for the City, and to do so in a timely and satisfactory manner. Services provided under this agreement shall be as further described in Attachment A, Scope of Services II. TIME OF COMPLETION The Consultant shall complete all phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before September 19th, 2006. The schedule of the work to be performed shall conform to the Schedule set forth in Attachment B. Any deviations from the Schedule shall be approved by the authorized City representative. 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. ______________.._.., .~_._._____.._______~_.__~____._____~__..__.,,_,._.._._________..____.___...___ .._____..__.___..____...._._.___ - _._,...._.._......_____,,~___. ' - __.______._.n.___..________.._..__.....__ -2- 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 fumish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. -3- 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. IV. COMPENSATION FOR SERVICES In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant the following NOT-TO-EXCEED FEE (Unit CosUTime Charges), including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment C. TOTAL NOT-TO-EXCEED FEE $ 240,100.00 Consultant shall bill City monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of City's receipt of invoice. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: Ci2J. J~ 0 ~~ Ross Wilburn Title: Mayor Date: Se.p"'~I-.... J~ .JDO" ATTEST: 7~J ~A'} .J(. ~".J Marl K. Karr, City Clerk FOR THE CONSULTANT Engineering Alliance Inc BY:---D..-{ ~A_..>1 Title: Principal Vice-President Date: q II~ Ie"", Approved by: .~,-----_._----~~--~_._-,.,_.._---_._.._._._---_.-_.._.-_.._-_._----_._._-_.,--_._~---~~-_._-_.._-_...__._---._---_.._-------_.._....~_._~-------_.._----- Engineering Alliance lnc Project No. 060030-J01 u.s. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa ATTACHMENT "A" - SCOPE OF SERVICES U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa The work to be performed by the Consultant under this agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to complete the intersection improvement plans for the project. The proposed project involves the design of traffic capacity improvements for the U.S. Highway 6 and Gilbert Street intersection. The project will involve widening to add dual left-turn lanes on Gilbert Street, as well as accommodate future widening of U.S. Highway 6 by the Iowa DOT. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: TASK A - Contract ManaQement 1.0 PROJECT ADMINISTRATION 1.1 Project Management The project manager will be responsible for the development and tracking of the project plan for the project development. This includes task identification, staff scheduling and coordination, project communications, monthly progress reporting and invoicing and other important elements of the project. The project duration is assumed to be fourteen (14) months. 1.2 Coordination with the Technical Advisory Committee. Maintain communications with the Technical Advisory Committee (TAC), including the City of Iowa City, and Iowa DOT. Meet with the Technical Advisory Committee to review progress and to discuss specific elements of the project design (assume eight (8) meetings in Iowa City). The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision-making process, and expedite design development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by two (2) staff members of the Consultant. The following T AC meetings are included with the scope of work: Conceptual Design Phase - three (3) meetings Preliminary Plan Phase - three (3) meetings Check Plan Phase - one (1) meeting Note: there is one (1) additional meeting included for miscellaneous purposes. 1.3 Public Information Meetings The CONSULTANT will conduct two (2) public informational meetings that will be attended by two (2) staff members of the CONSULTANT. The purpose of the meetings will be to provide a brief overview of the proposed improvements to the surrounding neighborhoods and a discussion of the improvement plan, as well as gather information on the concerns, priorities and specific issues of the adjacent property owners and other affected parties. A general description of the meetings is as follows: Public Information Meeting No.1: Presentation of preliminary project design based on CITY and property owner needs and concerns. Additional property owner comments and concerns from this meeting will be S:\PROJ\060030-j01\PROJ'Administrative\Contract\SOS..Q91206-ICGilbert.doc 9/1312006 Engineering Alliance Inc Project No. 060030-J01 u.s. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa discussed with the CITY to determine potential incorporations into final design documents. Public Information Meeting No.2: Presentation of final project design and construction schedule. This task includes preparation of the public notification letters, display materials and hand out information for the meetings. Also includes reviewing the results of the meeting with the Project Development Team. The reserving of the meeting facility and a public notification mailing will be completed by the CITY. 1.4 Individual Property Owner Meetings The CONSULTANT will conduct meetings with individual property owners to address issues of specific concem to adjacent properties. These meetings will be held in concert with the Project Development Team meetings. This will include specific discussions about access issues, changes in circulation, loss of parking, potential right-of-way needs, and other issues related to specific parcels. During the scheduled individual property owner meeting times, the CONSULTANT'S project manager will meet with the affected property owner to discuss the specifics of the project as it relates to their property, obtain information regarding any issues the property owner feels is important, and get input regarding their expectations. For budget purposes, it is assumed that the CONSULTANT will conduct two (2) meetings per property owner and will be attended by two (2) staff members of the CONSULTANT. 1.5 Utility Coordination Meetings The CONSULTANT will conduct meetings with individual utility companies to address specific conflicts. It is anticipated that there will be two (2) meetings with representatives of the various utility companies. The first will be to advise of the nature and extent of the improvements and any potential conflicts with existing or proposed utility systems, and the second will be preliminary/final design review and coordination meetings. 1.6 Attend the Public Hearing The Consultant shall attend the Public Hearing during the contract period. The Public Hearing will be in conjunction with a City of Iowa City Council meeting to approve plans and specifications. This meeting will be coordinated by the City of Iowa City. The project manager for the Consultant shall be in attendance to answer design related questions during this meeting. The City will maintain a permanent written record of all public comments received and a written and oral response for the permanent public hearing record for all comments. 1.7 Periodic Meetings with Local Elected Officials Informational update presentations will be provided to the Iowa City Council on one (1) occasion during the design development process. The presentations will provide an introduction/overview of the project and project goals and objectives. And will also provide an update on design development concepts and schedule. The presentations will be held in conjunction with the Iowa City Council Work Sessions. 1.8 Exhibit Preparation for Council Work Session Exhibits for the Iowa City Council Work Session will consist of aerial mosaics for the project with the major project features indicated on the aerial photograph. Include coloring, lettering, and other techniques to delineate the proposed design concepts and right of-way needs, including typical sections of the roadway. The figure will indicate potential borrow sites, possible wetland mitigation sites, borrow and wetland mitigation site right-of-way needs, property lines, property ownership, access control lines, structure limits, and new roadway improvements. 1.9 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. S:\PROJ\060030-J01\PROJlAdministrative\Contract\sos-09120e.1CGilberldoc 9/13/200e _.___~,__,...._._ ________~.______~__..____.^.___ __ _...~.m__~._._,_.___'__"_ _.,-.~,._.._____.~.~_'__~~_'___'._' Engineering Alliance Inc Project No. 060030-J01 U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa TASK B - Survey and Mappina 1.0 PRELIMINARY DESIGN SURVEYS The CONSULTANT shall perform field and office tasks required to collect additional topographic information deemed necessary to complete the project. The CITY shall provide aerial photographic and other available mapping of the Project area. The specific supplemental survey tasks to be performed include the following: 1.1 Control Surveys (Subconsultant) The Sub-Consultant, Schnoor-Bonifazi Engineering & Surveying, LC will establish horizontal and vertical control for the Project area. Each permanent control point or benchmark shall have horizontal coordinates or elevation, recovery information and monument description. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. The horizontal control for the project will be based on Johnson County GPS control monuments (NGS NAD38) and the vertical control based on NGVD 1929. 1.2 Topographic Surveys (Subconsultant) The Sub-Consultant shall perform topographic surveys (I.e. mainline, side streets, driveways and parking lots) required for the development of the project. This task also includes verification of the existing topographic mapping. Horizontal and vertical accuracies shall be adequate to produce a map that is compatible with the topographic data for incorporation into the existing base mapping. The mainline survey of Gilbert Street will be completed at critical locations along the mainline to supplement the existing topographic mapping, approximately 1900 feet in length. The critical locations shall consist of field survey (40-foot intervals) indicating the location and elevation of top of curbledge of pavement, gutter, lane lines and centerline at the connection points on each end of the mainline. The survey limits for mainline survey of Gilbert Street shall be from 200 feet south of Stevens Drive to 100 feet north of First Street, including driveway and parking lot surveys to the face of buildings (approx. 50-100 feet right/left). The Gilbert Street survey shall also include the intersection with U.S. Highway 6 (200 feet west and 300 feet east). The survey limits are based on the proposed improvements as shown in the Preliminary Intersection Layout Report prepared by Anderson-Bogert Engineers & Swveyors, Inc. and dated Apri/29, 2002. 1.3 Utility Surveys (Subconsultant) The Sub-Consultant shall perform utility surveys required for the development of the project. Contact utility owners of record or the "one call" representative, request that buried utilities be marked in the field and obtain existing utility map. Establish coordinates and elevations (if possible) for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. Show utility name and describe the utility on the plans. This task consists of field survey indicating the location of utilities within the existing right-of-way for the project. The Sub-Consultant shall field locate utility locations established by others; excavating to expose buried utilities is not part of this contract. Utilities to be surveyed include phone, gas, fiber optic, water main, overhead/underground electrical, sanitary sewer and storm sewer (including power poles, pedestals, valves and manholes). This includes establishing manhole and intake elevations for existing sanitary, storm sewers and roadway culverts. 1.4 Right-of-Way Surveys (Subconsultant) The Sub-Consultant shall perform right-of-way surveys required for the development of the project. The right-of-way surveys shall be in-depth legal surveys for which acquisition plats may be developed. This task includes a thorough search of CITY, County and State records to review all surveys of record pertaining to the survey corridor, including County Auditor's Subdivisions Plats, original government surveys, early surveys made by County Surveyors, all irregular land survey and road S:\PROJ\060030-J01\PROJ\Administrative\Contract\sos-091206-ICGilbertdoc 9/1312006 . ....~,--.-.-.._--------_._- .. .__._-------_.._------~-_._."._.._-------_._-_.._----.---- ~~----~-------~--_._.._"--_.~---_._--_.- -_.._._-----------_.~.......,------~- -----_.._---_..---~-_. Engineering Alliance Inc Project No. 060030-J01 U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa establishment records. Copies of such records are to be included in the project file for future reference. This task also includes obtaining sufficient field data to locate or establish property lines affected by the project to enable the preparation of the improvement plans. This includes locating section corners, property pins, and visible lines of occupation such as fences, field divisions or any other lines, indicating possession. A diligent effort must be made to recover existing land corner monuments necessary to describe the right-of-way along the project corridor. The task includes incorporation of property lines, right-of-way lines, and ownership of properties affected by the project into the base mapping for the project. The base mapping will identify the owners and approximate boundaries of all appropriate parcels within the survey limits. 1.5 Preparation of Acquisition Plats and Legal Descriptions (Subconsultant) The Sub-Consultant shall prepare acquisition plats and legal descriptions for property to be acquired for the project. For estimating purposes, the fOllowing numbers of acquisition plats are assumed for this agreement: Permanent Acquisition plats - 26 Temporary Construction Easement plats - 26 Individual plats and legal descriptions will be prepared for each parcel with permanent and temporary acquisitions. The plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. The plats shall also be completed in accordance with the CITY of Iowa City requirements. 1.6 Preliminary Right-of-Way and Easement Staking (Subconsultant) This task consists of a one-time staking of the preliminary right-of-way and easement locations for purposes of acquisition negotiations. The staking survey includes the marking of key easement location points in order to visualize the locations in the field and shall also include marking of existing property lines locations. For the purpose of this agreement, all permanent and temporary easements will be staked (minimum five (5) properties per request). 1.7 Monumentation of Permanent Right-of-Way Acquisitions (Subconsultant) This task consists of monumentation of the permanent right-of-way acquired as part of this project which will be performed upon completion of construction of the proposed improvements. The monumentation shall comply with requirements of the Iowa Code and shall be performed by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. This task does not include monumentation of any existing right-of-way pins that are disturbed during construction activities. 1.8 Report of Record Ownership and Liens (Title Searches) The Consultant shall obtain the services from an abstract company for the purpose of determining ownership interests(s) and instruments affecting title of land to be acquired in the name of the City. For land survey purposes, the abstract company shall deliver a title report for each parcel affected by the project to provide reasonable assurance of property ownership/interests of the real estate. This title report shall identify all mortgages, the last deed and easements of record, real estate tax assessment and payment information, and liens and claims pending in probate or other proceedings. For land acquisition purposes, a report of record ownership and liens will be obtained for 26 parcels in accordance with standard Iowa City requirements. S:\PROJ\060030.J01\PROJ\Administrative\Contract\sos.091206.ICGilbert.doc 9/13/2006 ._, m_._.. _._~______________.____.~__._,,___~_"__._._~._.____~~~~.____.._~.-'. .._.+__.e_________,.,,__.___+_ ~+-_..-.._-...".-----~--~----,,------_.. Engineering Alliance Inc Project No. 060030-J01 U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa TASK C - PROJECT MAPPING 1.0 BASE MAPPING 1.1 Project Mapping Plan Develop a Project Mapping Plan that identifies the requirements for mapping control surveys, and topographic mapping of the proposed alignment corridors based on the proposed improvements as shown in the Preliminary Intersection Layout Report prepared by Anderson-Bogert Engineers & Surveyors, Inc. and dated April 29, 2002. 1.2 Topographic Mapping The City will provide the current topographic mapping of the project area at a scale of 1" = 50' and a 2-foot contour interval. The City shall also provide information pertaining to the horizontal and vertical control for the project. 1.3 Base Mapping Files Incorporate the supplemental topographic data and utility information into the base mapping CADD files containing existing topographic and planimetric data. The design shall be completed in AutoCAD format. Data gathered by field survey methods, in conformance with preliminary alignment survey, will be incorporated into these files. This also includes verification of the existing topographic mapping as provided by the City. 1.4 Property Ownership Identification Incorporate property lines, right-of-way lines, and property ownership of properties affected by the project into the base mapping for the project. The base mapping will identify the owners and approximate boundaries of all "appropriate" parcels within the survey limits. 1.5 Easements Identification and Delineation Easements, as listed in the title certificates (to be provided by the City), will be identified and delineated on the base mapping. "Blanket" easements (easements described as distances right or left of a utility) will be described by a note giving the total width and owner of the easement. The anticipated easements include IngresslEgress, Utility (water, sanitary sewer, telephone, electric, gas and fiber optic), and Drainage Easements. TASK 0 - Conceptual Desian Development 1.0 FUNCTIONAL DESIGN This task consists of preparation of functional design plans for the intersection improvements. The primary focus will be on geometric improvements, including lane configurations, driveway connections and parking lot modifications. The functional plans will also incorporate potential elements that may affect the corridor including property impacts. The plans will show edges of pavement, traffic lanes and utility improvements. The functional design plans will be used as a reference in preparing preliminary and final construction plans for the Gilbert Street Intersection Improvements. The Project Development Team will review the functional plans and suggested modifications will be addressed in the final functional design submittal. A brief memorandum with supporting marked-up plan sets will serve to document completion of this task. The functional design shall be based on the proposed improvements as shown in the Preliminary Intersection Layout Report prepared by Anderson-Bogert Engineers & Surveyors, Inc. and dated April 29, 2002. S:\PROJ\060030-J01\PROJ\Administrative\Contract\sos-09120S.ICGilbert.doc 9/1312006 Engineering Alliance Inc Project No. 060030-J01 U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa 1.1 Develop Design Criteria The Consultant will develop and submit to the Iowa DOT design criteria to be used in developing alternatives. Criteria will conform to City of Iowa City, Iowa DOT and AASHTO Standards and will be in English units. The criteria to be addressed include: o Functional classification and design type for Gilbert Street and U.S. Highway 6. o Design speeds. o Design vehicles for intersection and access design. o Design parameters, including design hour volumes and design hour levels of service. o Type of intersection control. o Design life for pavements. o Design year drainage requirements. o Provisions for pedestrians and/or bicycles. o Maintenance of traffic during construction, including access requirements, allowable lane closures, and other issues. o Utility corridor locations. The Consultant will prepare a brief technical memorandum documenting the proposed criteria. The memorandum will be reviewed, revised, and approved by the City of Iowa City and Iowa DOT prior to proceeding with subsequent tasks. 1.2 Typical Section Design In consultation with the City of Iowa City and Iowa DOT, develop typical sections for the mainline roadway (Gilbert Street) based on proposed design criteria. This task consists of preparation of typical sections, including lime widths, curb section/type, sidewalk widths, right-of-way widths, pavement types, and clear-zones. 1.3 Development of Design Alternatives This task consists of further development of the two (2) a/tematives as shown in the Preliminary Intersection Layout Report prepared by Anderson-Bogert Engineers & Surveyors, Inc. and dated April 29, 2002. The design development shall involve review and modification of the proposed widening alternatives with regard to the revised design criteria, including lane widths, right-of-way widths and clear-zones. Also included would be review of driveway access locations and parking lot configurations. The Consultant shall also develop one (1) additional conceptual design alternative, which would be a combination of a symmetrical widening of Gilbert Street to the south of U.S. Highway 6 and an asymmetrical widening of Gilbert Street to the north. Prior to proceeding to subsequent tasks the City of Iowa City and Iowa DOT shall make a selection of the Preferred Design Alternative, which functional geometric plans will be developed. 1.4 Develop of Conceptual Geometries (Preferred Design Alternative). This task consists of preparation of functional geometric plans for the intersection improvements. The primary focus will be on intersection geometry and entrance locations. The conceptual plans will also incorporate potential elements that may affect the corridor, including property impacts, traffic operations, and on-site traffic circulation. The plans will show edges of pavement, traffic lanes, right- of-way requirements and traffic signals. The conceptual design development shall also include Waterfront Drive realignment alternatives, future Sand Lake Park access/parking options (west of Hills Banks), and various site planning/parking modifications for adjacent properties within the project corridor. The conceptual plans will be graphical to be used as a reference in preparing preliminary and final plans for the roadway improvements. The City of Iowa City and Iowa DOT will review the conceptual plans. Suggested revisions or design modifications would be addressed in the preliminary design phase. A brief memorandum with supporting marked-up plan sets will serve to document completion of this task and acknowledgement of design changes to be executed in preliminary design phase. S:\PROJ\060030-J01 \PROJV\dministrative\Contract\sos-091206-ICGilbertdoc 9/13/2006 Engineering Alliance Inc Project No. 060030-J01 u.s. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa Geometries will be established based upon design criteria that conform to City of Iowa City Code and Policies, Urban Design Standards, AASHTO Policy on Geometric Design, and MUTeD. Additional conceptual design layout shall be completed for U.S. Highway 6 from the Iowa River Bridge to Boyrum Street, approximately 2200 feet in length. The additional functional layout design shall consist of the concept development for future traffic capacity improvements, including typical sections and roadway geometries. Also includes development of median treatment concepts and identification of minor pavement repairs necessary to resolve pavement drainage issues. 1.5 Utility Design This task includes preliminary evaluation of the existing water main connections, storm sewer intake/manhole, and sanitary sewer manholes for replacement, adjustments and rerouting to accommodate the new construction. It is anticipated that the existing utilities on Gilbert Street are in satisfactory condition, although will need to be rerouted or rehabilitated to accommodate the new construction. This task includes the preliminary design and layout, including special construction details for the necessary utility modifications. 1.6 Traffic Control Design/Detour Plan Develop a preliminary traffic control concept and detour plan to indicate how traffic will be maintained during construction, including pedestrian accommodations. Summarize assumptions regarding traffic control and detours in a brief coordination memo for the City of Iowa City, Iowa DOT and local units of govemment (particularly regarding maintenance of emergency services). Use the concepts agreed to at this stage as the basis for preparing the final traffic control plan in final design. 1.7 Right-of-Way Design The completion of the right-of-way design for the project by the Consultant includes preparing a right- of-way layout drawing showing the preliminary acquisition requirements necessary to construct the proposed project. The layout shall also show proposed permanent right-of-way lines and temporary easements necessary for construction of the project. This task also includes determination of the need for common drive access, access rights acquisitions and names of affected property owners for the project. 1.8 Preliminary Opinion of Probable Construction Cost Prepare a preliminary opinion of probable construction cost for the project. Preliminary cost estimates shall be based on representative major project elements and recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. 1.9 Prepare and submit the Concept Statement for Federal-Aid Projects The Consultant shall provide the services required, except for those specifically identified to be performed by the Iowa DOT, to provide the Concept Statement for Federal-Aid Projects. This Submittal shall be completed on or before the date established in the "Critical Path Dates to Letting" and/or in accordance with the current project schedule. 1.10 Reconnaissance Field Exam A reconnaissance field exam will be held to field inspect the proposed roadway and signal improvements. The purpose of the reconnaissance field exam is to gain general acceptance from Technical Advisory Committee of the proposed improvement location and to understand if unrealized constraints will inhibit further development at that location. At the time of the Reconnaissance Field Exam, the project plans will consist of the initial engineering layout of the roadway alignment on base sheets. The base sheet for these conceptual plans could be the preliminary topographic mapping; it will not necessarily be the final project topographic mapping. Recommended revisions will be incorporated into the preliminary design and the subsequent project plans. A copy of the modified conceptual plan will be provided to the Technical Advisory Committee. S:\PROJ\060030-J01\PROJ\Administrative\Contract\sos-091206-ICGilbert.doc 9/1312006 Engineering Alliance Inc Project No. 060030-JOl U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa TASK E - Traffic Analvsis 1.0 TRAVEL DATA, FORECASTING AND OPERATIONAL ANALYSIS 1.1 Existing traffic The City of Iowa City will furnish existing traffic counts within the study area, including any available AM and PM peak hour turning volumes. The Consultant will review the data to determine if all necessary data is included. The Consultant will obtain and review data and reports describing traffic volumes and patterns within the study area and will review the data for possible inclusion within this study. Data sources will include previous traffic studies and reports produced by Johnson County Council of Governments, Iowa DOT, and City of Iowa City. It is anticipated that the peak hour turning volumes shall be based on the traffic data as shown in the Preliminary Intersection Layout Report prepared by Anderson-Bogert Engineers & Surveyors, Inc. and dated Apri/29, 2002. The Consultant will incorporate any available traffic input into SYNCHRO for purposes of modeling the proposed improvements. 1.2 Future traffic forecasts The Consultant will develop traffic forecasts in coordination with Johnson County COG for the routes within the study area that reflect the long-range plans. These forecasts will be based on available mainline traffic volumes including turning movements. The Consultant will review the data with the Johnson County COG, Iowa DOT, and City of Iowa City to ensure data accuracy and completeness. The Consultant will rely on the consensus of these public agencies in defining the future traffic forecasts for the study area. The Consultant will work with the City of Iowa City to review future land use and to estimate locations of future development that may impact traffic volumes for the corridor. A brief technical memorandum will be prepared documenting the assumptions, inputs and results of the traffic forecast. The design hour volumes forecast for the long range plan will be agreed to by the Johnson County COG, Iowa DOT and City of Iowa City and the Consultant prior to continuation with subsequent tasks. 1.3 Operational Analysis The Consultant will perform an operational analysis and modeling of the Gilbert Street and U.S. Highway 6 intersection, including review of the signal coordination/progression on U.S. Highway 6 between the Riverside Drive (Highway 1) and Boyrum Street intersections. The operational analysis will also take into consideration property and side street access locations. The modeling will be conducted in a manner to serve as a tool to graphically illustrate roadway improvements and impact to traffic operations of the intersection. The analysis will not include modeling of the entire U.S. Highway 6 & Gilbert Street transportation corridors or side-street/property access locations. Results of the analysis will verify the recommended lane arrangements for the Gilbert Street intersection with U.S. Highway 6. Performance measures used to assess the operation of the system will include the following: . Delay . Volume to Capacity Ratio . Maximum Queue/Storage Lengths . Control Delay/LOS A brief technical memorandum will be prepared documenting the operation analysis and design requirements. The final deliverable will be a copy of the model supplied to the City of Iowa City and Iowa DOT. 1.4 Accident Analysis The Consultant will perform an accident analysis, which will consist of reviewing crash data and collision diagrams as supplied by Johnson County COG, City of Iowa City, and Iowa DOT. Analyze collisions, mitigation due to proposed improvements. S:\PROJ\060030-J01 \PROJ'Administrative\Contract\sos-091206.ICGilbert.doc 9/13/2006 _ _______..___._______....._.__._ __._..._.____M__.__.___~~__,_____....___.___.._.___.._~_.________ ..~ ..----..--~-..---------,,--..-.--.--~.--~,.-.._"-" ,. Engineering Alliance Inc Project No. 060030-J01 u.s. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa TASK F - Roadwav Desian 1.0 PRELIMINARY PLANS Utilizing the preliminary geometries as developed in the Functional Design Plans, the CONSULTANT shall provide preliminary plans for Gilbert Street widening and intersection improvements. The level of detail for this task shall be according to the Guidelines for Design and Development of Local Pubic Agency (LPA) Preliminary Plans for Federal-Aid Projects. Upon completion of the preliminary plans, the design plans will be approximately 45 percent complete. The submittal of preliminary plans shall be completed on or before the date established in the Instructional Memorandum (I.M. 3.005) for "Project Development Submittal Dates and Information". 1.1 Plan Preparation - Title Sheet and Typical Sections (A and B Sheets) Prepare title and typical section sheets for each of the proposed project segments. Include the mainline and side roads as applicable in typical sections. 1.2 Plan Preparation - Estimate of Quantities (C Sheets) This task consists of a preliminary determination of the bid items to be included in the project, along with their appropriate tabulations. 1.3 Plan Preparation - Plan and Profile (0 and E Sheets) Prepare preliminary plan and profile drawings at a scale of 1"=40' horizontal and 1"=5' vertical. These drawings will show base mapping and proposed roadway alignments. Include slope intercepts, side road intersections, ditch locations, cross drainage, erosion containment, existing and proposed drainage structures (including flow line, drainage area, and topography), existing and proposed right-<lf-way, easements, and entrance profiles. Intersecting angles and station equation between mainline and side road reference line will also be shown. Profiles will show proposed elevations, grades, vertical curve length and "K" value, elevations for PVC, PVI, and PVT, ditch profiles and ditch elevations. These drawings will also show existing contours and proposed grading information along the corridor. 1.4 Plan Preparation - Right of-Way and Easements (H Sheets) This task consists of the development of right-of-way and easement plan sheets in accordance with the Iowa DOT Right-<lf-Way Design Manual. The preliminary right of-way needs for the roadway including permanent and temporary easements for construction purposes, and erosion control features will be determined in accordance with the Iowa DOT Right of-way Design Manual. Right of- way features such as existing and proposed right of-way, access rights, property ownerships and parcel information shall be plotted on the right of-way plans in accordance with the Iowa DOT Right of-way Design Manual. Right of-way lines will be shown on roadway plans with stationloffset labels. 1.5 Plan Preparation - Staging and Traffic Control (J Sheets) This task consists of the developing a suitable plan for construction staging and traffic control measures to be implemented during construction, including pedestrian accommodations. The plan will include provisions for through traffic and temporary access to adjacent properties during construction. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). 1.6 Plan Preparation - Pavement Markings and Traffic Signing (K Sheets) This task consists of the development of permanent traffic signing and pavement marking plans to be placed into service following construction. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). 1.7 Plan Preparation - Intersections and Mainline Geometries (L Sheets) Prepare a 1 "=20' scale preliminary plan for each intersection and mainline in areas where the special transition is required to maintain positive drainage. Basic horizontal information shall be presented showing design vehicle turning radii, turning movements, design vehicle turning path. S:\PROJ\060030-J01\PROJ\Administrative\Contract\sos-091206-ICGilbert.doc 9/1312006 ----~-_._._,_._.-----,-------_.".__._-_.--,---------------------------------------------..---.---.------.--~._._-~-_._---~---- Engineering Alliance Inc Project No. 060030-J01 U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa 1.8 Plan Preparation - Traffic Signals (N Sheets) This task consists of the development of preliminary traffic signal plans for one (1) intersection along using available design standards of the City, Iowa DOT, and the Manual on Uniform Traffic Control Devices (MUTCD). Signal Layout, signal timing, coordination plans, wiring diagrams, major equipment, poles signal heads, interconnect and special provisions will be developed and plan sheet prepared for the following intersection with Gilbert Street: . U.S. Highway 6 and Gilbert Street This task includes the design for installation of traffic signal interconnection conduit along Gilbert Street to connect existing traffic signals. 1.9 Plan Preparation - Special Construction Details (U Sheets) This task consists of the design and drafting associated with the preliminary assembly of modified standards and special details. 1.10 Plan Preparation - Cross Sections (W, X, Y, and Z sheets) Generate preliminary cross sections at 1"=10' horizontal and 1"=5' vertical scale at key locations for Gilbert Street. Cross sections will generally be developed at culvert locations, terrain breaks, and at 50' intervals. Include finished grade line elevation and calculated earthwork volumes, indicating estimated earthwork volume for each proposed construction stage. 1.11 Preliminary Opinion of Probable Construction Cost Prepare a preliminary opinion of probable construction cost for the project. Preliminary cost estimates shall be based on representative major project elements and based on recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. 1.12 Preliminary Plan Review by Design Team The consultant shall submit preliminary plans and budget to the City for review and comment. A Field Review will be held by the Project Development Team to discuss key issues and design concepts, including drainage, access control, traffic controUstaged construction and right-of-way. The review will determine the completion of the plan design, identify needed adjustments to minimize potential property impacts and confirm the proposed staging plans. Revisions will be noted for preparation of final plans. 2.0 CHECK PLANS The level of detail for this task shall be according to the Guidelines for Design and Development of Local Pubic Agency (LPA) Final Plans for Federal-Aid Projects. Upon completion of the Check plans, the design plans will be approximately 90 percent complete. The submittal of check plans shall be completed on or before the date established in the Instructional Memorandum (I.M. 3.005) for " Project Development Submittal Dates and Information". 2.1 Incorporate Comments from Preliminary Plan Review and Field Exam The Consultant will respond to comments resulting from the Iowa DOT Preliminary Plan Review and Field Exam. Recommended modifications will be incorporated into the plan set. 2.2 Check Plan Preparation The CONSULTANT will prepare final plans, which will generally include the following tasks for this project: Title Sheets IA Sheets) - This item consists of finalizing the title sheet. The title sheets will include the following: Index of Sheets, Index of Standard Road Plans, Mileage Summary, Legend, Location Map, Project Number, Letting Date and Design Designation. Tvpical Sections 16 Sheets) - This item consists of final design and drafting of typical cross-sections and standard details to be utilized for the improvements. S:\PROJ\060030..J01\PROJ\Administrative\Contract\sos.091206-ICGilbert.doc 9/1312006 ..-. -._-.-._~-~"~._,_.,._..__.-_._---~~----,..,~..,--,..--_.._--_.._._-,--_._-_._-----_.~._----_..._..._-~-- Engineering Alliance Inc Project No. 060030-J01 U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa Estimate of Quantities (C Sheets) - This item consists of final bid items to be included in the Project as well as final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final design and tabulation of the erosion control measures to be provided on the Project. Plan and Profiles (0 and E Sheets) - This item consists of the final design and drafting of roadway plan and profile sheets, including the detail information required for plan approvals, and construction of the proposed improvements. This task also consists of the final design and drafting for the installation of utility adjustments/relocations, which can be determined from coordination with the utility companies at the time of design. This also includes final drafting of the existing and proposed right-of-way information. Reference Ties and Bench Marks (G Sheets) - This item consists of assembling reference ties to the plan control points and the bench mark data used .to develop the plans and to be preserved though out construction of the project. This also includes preserving any Government Corners, which are found in the vicinity of the proposed construction. Rioht-of-Wav and Easements (H Sheets) - This item consists of final design and drafting of the right- of-way plans. Staoino and Traffic Control (J Sheets) - This item consists of final design and drafting of the construction traffic control plans. Pavement Markinos (K Sheets) - This item consists of final design and drafting of the permanent pavement marking plans. Geometric Stakino Details (L Sheets) - This item consists of the final design and drafting of jointing details, spot elevations, and geometric layouts for all non-typical pavement areas. Includes design for entrance modifications. And also includes analyzing the effects proposed improvements will have on drainage, grades and on-site traffic circulation patterns. Traffic Sional Desion (N Sheets) - This task consists of the final design and drafting of traffic signals at the designated location. Included in this task will be the signal layout and signal interconnect system plans, wiring diagrams, major equipment, poles, signal heads, quantities, special provisions, conduit, wiring and other elements of the traffic signal installations, as necessary to accommodate the roadway design, as well as phasing and timing of traffic signals. Also includes temporary traffic signal plans, as required for construction staging. Soecial Construction Details (U Sheets) - This item consists of the final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details and other details not included in the standard drawings, special storm sewer or manhole details not included in the standard drawings, special paving details and other required details. This item also includes an Erosion Control Plan, in coordination with erosion control information listed in the Estimate of Quantity Sheets (C Sheets). Desion Cross-Sections (W. X. Y. Z Sheets) - This item consists of the final design and drafting of individual cross-sections for the Project. Cross-sections will be designed and drawn at 50-foot maximum intervals, with additional cross-sections included as necessary. Cross-sections will show the existing ground elevations as well as the final project grading, including foreslope and backslope information, special subgrade treatment, ditches, pavement replacement, and other pertinent information. 2.3 Preparation of Special Provisions The Consultant will prepare special provisions for the project for any additions and/or revisions to the standard and supplemental specifications. S:\PROJ\060030-J01\PROJ\Administrative\Contract\sos.09120e.ICGi[bert.doc 9/1312006 Engineering Alliance Inc Project No. 060030-J01 U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa 3.0 FINAL PLANS The level of detail for this task shall be according to the Guidelines for Design and Development of Local Pubic Agency (LPA) Final Plans for Federal-Aid Projects. The submittal of final plans shall be completed on or before the date established in the Instructional Memorandum (I.M. 3.005) for "Project Development Submittal Dates and Information'. 3.1 Incorporate Comments from Check Plan Review The Consultant will respond to comments resulting from the Iowa DOT Check Plan Review. Recommended modifications will be incorporated into the final plan set. This task also includes final modifications of Special Provisions and preparation of BIAS 2000 information for the Iowa DOT. 3.2 Opinion of Probable Construction Cost Prepare opinion of probable construction cost for each project segment. Final cost estimates shall be based on representative all project elements and based on recent bid information. Detailed quantity takeoffs will be developed for the final cost estimate. 3.3 Permitting The Consultant will assist the City in preparing applications for permits from governmental authorities having jurisdiction to approve the design of the project and participate in consultations with such authorities. The Consultant shall apply for the following permits for the project: . NPDES Storm Water Discharge Permit (includes Storm Water Pollution Prevention Plan) . Iowa DOT - Operation of Traffic Control Devices Permit . Iowa DOT - Application to Perform Work Within State Highway Right-of-Way Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the City. The Consultant shall provide technical criteria, written descriptions and design data for the City's use in filing the applications for permits. The Consultant shall prepare the permit applications. 3.4 Prepare and submit the Project Development Certification The Consultant shall provide the services required, except for those specifically identified to be performed by the Iowa DOT, to provide the Project Development Certification. This Submittal shall be completed on or before the date established in the Instructional Memorandum for 'Project Development Submittal Dates and Information'. TASK G - Construction Period Services The work tasks to be performed by the Consultant during construction shall include the following: 1.0 Pre-Construction Meeting The Consultant shall attend a preconstruction meeting for the project with contractors, suppliers, utility companies and City staff. It is anticipated that the City will perform construction administration and observation services. TASK 1- Proiect Oeliverables The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City Engineer: Iowa Department of Transportation All project submittals as established in the Iowa DOT Instructional Memorandum (I.M. 3.005) for "Project Development Submittal Dates and Information', including Concept Statement, Preliminary Plans, Check Plans and Final Plans. Other required information includes BIAS 2000 information file, permits, special provisions and final plans in PDF format. S;\PROJ\060030-J01\PROJ\A.dministrative\Contract\sos.09120&.ICGiIbert.doc 9/13/2006 ,--,-,-~---~------------,-------,--",--'"._----'~---'_.,--_.~---,_._-_.- -^--~~----------_._-~--~,--~_._,. Engineering Alliance Inc Project No. 060030-J01 U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa City of Iowa City . One (1) set of the original Final Design Drawings (half-size 11"x17" and full-size 22"x 34"). . Electronic files in AutoCAD 2005 format (design base map files). ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1.) Supplemental Topographic Survey of U.S. Highway 6 to the easUwest of Gilbert Street. 2.) Preliminary/Final Design of U.S. Highway 6 traffic capacity improvements. 3.) Preliminary/Final Design of Waterfront Drive realignment. 4.) Preliminary/Final Design of property site planning & parking modifications that are not directly adjacent street improvements (all areas outside the face of buildings, approx 50-100' Rt. & Lt.). 5.) StreetscapelArchitectural and Landscape Design 6.) Roadway Lighting Design 7.) Traffic Counts 8.) Right-of-way Negotiation and Acquisitions. 9.) Right-of-way Appraisals. 10.) Cultural Resource Evaluation (for categorical exclusion determination). 11.) Preparation of Environmental Evaluation and Documentation. 12.) Wetlands Permitting and Mitigation 13.) Eminent domain proceedings. 14.) Relocation assistance. 15.) Right-of-way closing/recording services. 16.) Condemnation services. 17.) Project Letting Services (Iowa Department ofTransportation. 18.) Construction period services (administration, shop drawing review, observation, and survey). 19.) Construction testing services. 20.) Record Construction Drawings. Chances in Scooe of Services: The City may request Additional Services from the Consultant not included in the Scope of Services as outlined. Additional services may include, but not be limited to, expanding the scope of the project and work to be completed; requesting the development of various documents; construction services; or requesting additional work items that increases the Engineering Services and corresponding costs. Upon initiation of Additional Services, the Consultant will submit the estimated cost. Such costs will be based on the current hourly rates and fixed expenses as outlined in the Consultant's attached Standard Fee Schedule. S:\PROJ\060030-J01\PROJ\A.dministrative\Contract\sos-091206-ICGilbertdoc 9/1312006 --_._--_.^.._._._~-"-,-_._--~.~_.._--,,---..~_..---_......-_.__._---.._,-_.,,-,-----_...._---~--_....-------_..._- ---_...--------,~------~-_..._.__.- - ----------_..~._. Engineering Alliance Inc Project No. 060030-J01 u.s. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa ATTACHMENT "8" - SCHEDULE U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa The Consultant shall complete the following phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before September 19, 2006. The project schedule shall be in accordance with the Iowa DOT Critical Path for Project Development for a "major" type project, such that a November 2007 letting can occur. Consultant Contract approval Preliminary Plan Submittal Check Plan Submittal Final Plan Submittal Project Letting September 19, 2006 May 15, 2007 July 24, 2007 August 21,2007 November 20, 2007 If notice to proceed is given at a later date, time of completion shall be extended accordingly. S:\PROJ\060030-J01\PROJ\Administrative\Contract\sos~091206.ICGilbert.doc 9/1312006 __ _ _ ~.______.____w_ _ _ _,_____.___.,_w____.,,__.~._.__,__.___w_.__.__~_._______..----.-..----,..------..-------.-~_.--"..-"-.----.--.....-.."- Engineering Alliance Inc Project No. 060030-J01 u.s. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa ATTACHMENT "C" - STANDARD RATES U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa ENGINEERING ALLIANCE, INC. 2006 RATE SCHEDULE CLASSIFICATION HOURLY RATE Project Manager II Project Manager I Project Engineer II Project Engineer I Staff Engineer II Staff Engineer I Engineering Technician II Engineering Technician I CADD Technician II CADD Technician I Field Technician II Field Technician I Administrative Assistant $110.00 $100.00 $95.00 $85.00 $80.00 $75.00 $75.00 $65.00 $60.00 $50.00 $75.00 $65.00 $50.00 REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed on the basis of $0.445 per mile. 3. Charges for outside services such as soils and materials testing, fiscal, legal will be billed at their invoice cost plus 15%. 4. All other direct expenses will be invoiced at cost plus 10%. ADJUSTMENTS TO FEE SCHEDULE 1. All expert testimony work in cases of litigation or anticipated litigation will be billed based on the type of work. For advisory work and consultation where the Engineer is not under oath, our fees shall be established by applying a multiplier of 1.25 times the standard rate schedule. For depositions and testimony during trial our fees shall be established using a multiplier of 1.50 times the standard rate schedule. 2. Fee schedule effective January 1, 2006. Rates subject to change upon 30 days' written notice. S:\PROJ\060030-J01 \PROJ\Administrative\Contract\sos-091206-ICGilbert.doc 9/13/2006 Engineering Alliance Inc Project No. 060030-J01 U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa ATTACHMENT "0" - CITY'S RESPONSIBILITIES U.S. Highway 6 and Gilbert Street Intersection Improvements Iowa City, Iowa The City shall provide the following: 1. All necessary electronic topographic plan and contour drawings, DTM drawings, aerial photos and current Johnson County Parcel drawings. 2. Any existing roadway plans/record drawings and utility maps for U.S. Highway 6 and Gilbert Street. 3. Existing traffic signal timings for the following intersections with U.S. Highway 6: Hwy1/Riverside Drive, Gilbert Street and Boyrum Street. 4. Existing traffic counts (including any available AM and PM peak hour turning volumes) for the following intersections with U.S. Highway 6: Hwy1/Riverside Drive, Gilbert Street and Boyrum Street. 5. U.S. Highway 6 Synchro model/data (if available). S:\PROJ\060030~J01\PROJ\Administrative\Contract\sos-091206-1CGilbert.doc 9/13/2006 PROJECT SCHEDULE U.S. Highway 6 & Gilbert Street Improvements Project Iowa City, Iowa '0 r_N...... ,~ ." , Project Schedule .... ' , Consult8.nt Selection ' i AIog.... ! , 'Con-sutt8nt"contiaCi - ...),21 ..... I ..... -..,1. . Contract Preparation j ~ I , co"ntradApprovai ~"iowa--Cff'y COu-ndTMeetfng'iseptembe'--1'9,--jOiji3jU- I ..,,,@ I . prelimlnliry'survey"an,flnfOn,l'atlon'Oathe'iirlg - -.-. "1"'--- ,.." I Research and Infonnation "Gathering I I . supplementai" Topograptlfc'survey-(Sc'hnoor~Borlifaiii'-- i t I I . Preliminary Design i ..,,, ~" -- R-eview'andDevelop 'ProJectnOeslg-n-CMte-rla . . .~ ...- ___J,. I '" ; g i , " e-valuatioll-oTOesign AltematJvesu I I I " Prepare Opion of Probable Construction Cost , U i I I I , I " Technical Advisory Committee(rAcjMeeiing i ~'" @~'" " I I Individual Property Owner Meetings i " fecjjnicaiAcJ~;;sor~icommiiiee-(fji,c)-iieeting I " Public /nformatiori"Meetlriri t -- T Nlw.@ , , , , " COllcept"StatementTiaDOT-sCilec:tu'ieOate'~'NOvember1'4;2001f) I , _",,"_14_ , i. " Prepare Functional Design Recommendations I i , " prepare'Opion'ot'Prob-.ible-'ConstruCtion ! i U ; , ~ ieChnlcaiAdwsory-comrrimee-(fAciMeet/ng '. 'f---- i o.c1~~)' , j , " submii-F-inar'ReoommendaUons-iQ'C'itY"Staff ..,_w. , i " Final Report Resf;ntaiion~--CiiynCounCii'Work session l I I _11'(~)- , I i " Preliminary Plans ( laOOT SCh-edule-Dat8":-May--1'5~n2oo7} ; i I , ~, " Preparation of -preiiminarY ConStruCtionnPlans i i I I , ; " Prepare Opion of ProbabieConsiiU-Ciion"Cosi-- ; I i I] TechnicaJ'Adv/so,y-COmmmeeniTJi.cFMeeiing _in_" I J~~'@ I. " , I ! I " Technical AdVisor; Committee-iiAc) Meeting I ; ..." @\.,.". '" I ; I " Submit Prelimina-.y Plans I \-u ; I , " Right-of-Way and Easement'Acqulsitions ; ...1 ; .... ..." ~ Rjght.:of~waY'NegotiatbnIAcquisitioii" I I i , " TechnTcai'AdvisorY--commitiee7fAc)-Meetfng j- , ...'. " Public Information Meeting' i Maf1~--@ I \ 1.Iul24 " Check Plans(laDot-s'chedlileDate":-july'24;20iif) , I I " \ j ; I ~ Preparation of Check Plans , ! , , I ~ Prepare-OpionClfProbableConstriJctlon-C-ost- , ! ' I] I ' ! ; L m! I ~ Technical Advisory Commiitee-(fA'cFMeeting --t'--- r-^ JT21@j I I i , I " Submit Check Plans i I , C~fl Final Plans (laOOT Sched"uie'Date".'August"21,'iooi-. I , ! ~ , ! i ! ~ Prepare and Submit Final Plans L , I ":"" ..." ~ Project.oe-velop'm!_ni ce,~fl_~~te.Q~O_~!n~~'~~ie-D~.'.~.a.:UgUS~_~:!,_-~2^OO![ i -r i i ; .;,,,+ 1 " Prepare and Submit Utititi'~Rc5w Certificate I , , " I I 1"--"...",,--1 Conduct Design Public Hearing - Iowa City Council Meeting I . Soop11@1 projectl..ettlng(laoot''sc'hedi.ilebate~-Novembfir20,2007j , -~. ~ I , --,-, CitycflowoCity --- ENGINEERING ALLIANCE, INC. -.,,-- JOHNSTON. CEDAR RAPIDS rV~ ~ Prepared by: Ron Knoche, City Engineer, 410 E. Washington SI., Iowa City, IA 52240; (319) 356-5318 RESOLUTION NO. 06-1]] RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE COURT HILL TRAIL PROJECT. WHEREAS, the City of Iowa City desires to construct a recreational trail from Court Hill Park to Creekside Park; and WHEREAS, the project will construct a ten foot wide trail between Court Hill Park and Creekside Park; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design for construction of the Court Hill Trail Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Shive-Hattery, Inc. to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Shive-Hattery, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's 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's Agreement in triplicate. Passed and approved this 19th d" of c'2:J. MAYOR ,20~. )~- ATTEST: ~~ ~. ~ CITV CLERK Approved by . /' ~ 'l(IJ;:~ City Attorney's Office pwenglres\courthill trail designagt.doc Resolution No. Page 7 Ofi-111 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: x x 1{ X X 1{ 1{ Correia the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 5th day of September, 2006, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, the City desires to construct a recreational trail from Court Hill Park to Creekside Park (approximately 1.0 mile). A sidewalk improvement connection from Court Hill Park to existing Brookside Drive sidewalk is also included in this project. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. All phases of services will include the necessary work for compliance with Transportation Enhancement Program requirements re1ative to federal aid funding of construction. Design Development Phase A. Design Surveys The Consultant shall perform surveys as necessary to prepare a strip topography along the project route. B. Base Map Preparation Base maps to facilitate the trail design will be prepared from the topographic survey information. The maps will be prepared along the proposed alignment and will include existing topography features, right-of-way and easement lines, buried utilities based on field locates, and above ground surface features affected by the proposed construction. C. Preliminary Design 1. Provide cultural, archeological and wetland survey of the project site. Survey will be completed by the consultant staff and specialty subconsultant. Submit findings to the Iowa DOT as required for federal funding requirements. Should environmental mitigation be required for the project, these mitigation services may be provided as additional services. 2. Based on an approved schematic design concept plan, prepare a geometric layout plan of the proposed trail. 3. Prepare horizontal and vertical alignments to be used as the basis for final design. 4. Identify final design constraints for phased construction and review construction phasing plan as necessary to coordinate with access and construction. 106265-P . .._._m___'__"_'__'__'~__"___'_'______"_'___~_____"~__,-"-----,-'--- -2- 5. Develop a preliminary traffic control plan consistent with the proposed construction schedules. 6. Prepare anticipated trail project schedule and opinion of probable construction cost. 7. Prepare and submit required initial submittals to the City, Iowa DOT, State Historical Preservation Officer, Iowa DNR, and Corps of Engineers for preliminary design approval. 8. Meet with City representatives to review' preliminary project design and obtain review comments. 9. Attend and participate with neighborhood coordination meeting to review the project. Right-of-Way Services It is unknown whether permanent and/or temporary easements or right-of-way will be required for the project. Right-of-Way services may be provided as additional services. Construction Document Phase A. Final Design Determine the pavement structures including type, thickness of surfacing, subbase design, subdrainage design, typical joint designs, and related pavement details. B. Typical Pavement Sections The final design typical pavement sections will be developed for the project. These sections will show the pavement section, subgrade requirements, grading requirements, and pavement border design. C. Final Plan and Profiles The final design and drafting of the trail plan and profiles will be prepared on base maps prepared for the project. This will include all detailed information required by the Iowa DOT and shall be in accordance with the road design standards of the Iowa DOT. D. Final Design Cross-Sections Prepare the final design of the individual cross-sections for the project. Cross-sections will be developed at a minimum of 50-foot intervals with additional cross-sections included as necessary. Cross-sections will show the existing ground as well as final grading, foreslopes, backslopes, special subgrade treatment, and other pertinent information. 106265-P -3- E. Final Design Plans Layout plans and appropriate detailed design drawings showing the project and component parts shall consist of plans, elevations, sections, and other drawings for bidding and construction purposes. Final design and drafting of trail plan and profile sheets will include complete detailed information for location of existing utilities, typical cross-sections, and individual cross-sections. Plan and profile sheets will be prepared at a 20 scale. F. Final Storm Drainage Design Final design and drafting of the storm sewer system, storm sewer inlets, manholes, culverts, ditches, and other storm drainage appurtenances on the project will be developed. The design of the storm sewer system will be based on current Iowa DOT accepted standards and Iowa City design standards. G. Erosion Control Final design and drafting of temporary and permanent erosion control measures to be provided on the project during construction will be completed. H. Signing and Pavement Markings Final design and drafting of roadway/trail signing and pavement markings which are to be a permanent part of the project. I. Pedestrian Bridge and/or Culvert Crossings Design At this time it is unknown whether pedestrian bridge replacement or trail culvert crossing(s) will be required for the project. Bridge and/or culvert crossing design services may be provided as additional services. J. Retaining Walls Segmental retaining walls will be designed for areas where design constraints prohibit a stable slope from the trail shoulders to existing ground. K. Final Design of Incidental Components All other design work such as sidewalk, incidental structures, etc. not stated herein necessary to construct a final completed project shall be the responsibility of the Consultant and no additional compensation shall be provided. L. Specifications The Iowa DOT standard specifications for highway and bridge construction will be utilized as the technical specifications for the project. The Iowa DOT standard contract documents will also be utilized for this project. Supplemental specifications and special provisions required by the project will be prepared and incorporated with the standard documents. 106265-P -4- M. Final Quantities The final bid quantities will be determined and included with the project specifications bidding form. N. Final Cost Opinion Following completion of the final design, an opinion of probable construction costs based on the final design will be prepared. O. Submittals, Reviews, and Revisions Submit plans to the City and Iowa DOT approximately 40 percent complete to facilitate required field examination. Participate in field examination and review results of field examination with the City and Iowa DOT. When the final design plans are approximately 90 percent complete, they will be submitted to Iowa DOT for review. Comments and revisions resulting from this review will be incorporated into the final plans prior to their completion. P. Final Plan and Specification Submittal Submit final plans, specifications, contract documents, and opinion of probable construction costs to the City and Iowa DOT for final approval. Q. Assemble Plan Documents Following final plan revisions, assemble title sheet, project quantities and reference sheet, location plan, pavement detail sheets, grading plan and profile sheets, typical section and tabulation sheets, and cross-section sheets. R. Permitting Submit necessary permit applications and supporting documents to Corps.of Engineers and Iowa DNR as required for the project. Bidding Phase Provide reproducible drawings to the Iowa DOT for utilization in their bidding procedure. The consultant shall respond to questions as received and prepare addenda as necessary. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown below. Schedule will follow critical path dates for preliminary plans, check plans and final plans as defined by the Iowa DOT. Needs for temporary and/or permanent easements and/or right-of-way will be defined as soon as possible. The schedule will be adjusted as needed depending upon project acquisition needs. 106265-P ."----~~-~------_.._--_.~-~_._--_.._-----'--~.._--_.~.--_._-".._._--_._~--~ - 5 - Start Complete Environmental Studies Design Development Construction Documents Bidding Construction September 2006 November 2006 May 15, 2007 October 1, 2007 Spring 2008 March 15, 2007 May 15, 2007 August 30, 2007 November 1, 2007 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. 106265-P -6- H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES The Consultant shall be compensated for the above scope of services for an hourly not-to-exceed fee of $85,140. An estimated breakout of the fee is as set out below. The Consultant shall be compensated on an hourly basis, as well as compensated for expenses, for any work beyond that set out in the above scope of services. The Consultant shall obtain approval from the City prior to performing any work beyond that set out in the above scope of services. 106265-P -7- Hourly Not-te-Exceed Fee Schedule Topographic Survey Environmental/Archeological Studies Design Development Construction Documents Bidding $19,840 8,100 28,000 27,200 2.000 $85,140 Total V. MISCELLANEOUS FO~ BY:~~ Ross Wil burn Title: Mayor A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CONSULTANT By: I~P. ~ Kevin P. Trom, PE Proiect Manaaer Title: Date: .s~~~l:.~.. 19, .:loot.. ATTEST: 1Ic~-.:J JI. -k~ Marlan K. Karr, City Clerk Date: Seotember 5. 2006 Approved by: /--- City %ey's Office '1 IJ~' Date pw\forms\consagmlfrm 106265-P N\\J ~ Prepared by: Mitchel T. Behr, Assl. City Attorney, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-1]2 RESOLUTION APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 160- ACRE PARCEL OF LAND LOCATED AT 4213 S.E. SAND ROAD, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. WHEREAS, the Department of Public Works considers it in the public interest to acquire a 160-acre parcel of property located at 4213 S.E. Sand Road; WHEREAS, the site would be used by the City for park land and public right-of-way; and WHEREAS, City Staff has negotiated the attached offer to purchase the parcel for $1,000,000 from the owner, S & G Materials, an Iowa General Partnership, which offer is contingent upon City Council approval, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The terms set forth in the offer to buy real estate and acceptance attached hereto are approved by the City Council. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the purchase of the property pursuant to the terms as approved herein. Passed and approved this 1 Qth dayof ~~LJ~' MAYOR Approved b ATTEST: fn~...J:. ~A.A) clTY'etERK ity Attorney' #f!"IGPv ------------,-----_.,._--~-_..-_._---- Resolution No. Page 7 06-'112 It was moved by Correia and seconded by adopted. and upon roll call there were: AYES: x x J[ x J[ x x NAYS: ABSENT: Bailey the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE (PURCHASE AND SALE AGREEMENT) TO: S&G Materials, an Iowa General Partnership (hereinafter "Seller"). The City of Iowa City, Iowa, a municipal corporation of the State of Iowa (herein "City"), hereby offers to buy all the Seller's right, title and interest in the real estate consisting of approximately 160 acres situated in Johnson County, Iowa, locally known as 4213 S.E. Sand Road, in Iowa City, Iowa, and legally described as follows: See attached Exhibit A (legal description to be approved by City Attorney) 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 under any easement and 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, merchantable title, subject to the following "Permitted Exceptions": I. Zoning and building laws and ordinances; 2. Subject to covenants, restrictions, reservations and easements of record approved by City. In consideration of the covenants and obligations contained herein, the parties agree as follows: 1. PURCHASE PRICE. The City shall pay $1,000,000, in cash, for the real estate. Any balance of the fair market value of the real estate over $1,000,000 shall constitute a donation to the City by Seller. By execution of this Purchase and Sale Agreement, City agrees to accept said donation. 2. ABSTRACT AND TITLE. Seller shall promptly deliver to the City for examination an abstract of title for the Property, continued to a date subsequent to the date of this Offer, prepared pursuant to Iowa Code Sections 614.29 through 614.38, Iowa Land Title Association Abstracting Standards, and Iowa Land Title Examination Standards of the Iowa State Bar Association. The abstract shall begin with the government patent to the Property and show merchantable title in Seller, subject only to Permitted Exceptions. The cost of the continuance of an existing abstract shall be paid by the Seller. The Seller shall pay all costs required _~~_.,_.~"._,_....___._,.__..~~__~_~,____.~_____.____.___,_n" to deliver marketable title to the Property and Seller shall pay the cost of any additional abstracting and/or title work due to acts or omissions of Seller, including transfers or death of Seller or assigns. The abstract shall become the property of the City when the Purchase Price is paid in full. 3. DOCUMENTS DELIVERED AT OR BEFORE CLOSING. A. At the time of closing and upon payment of the Purchase Price, Seller shall deliver the following to the City: 1) A Groundwater Hazard Statement with respect to the Property, as provided in Iowa Code Sec. 448.69. 2) A Declaration of Value. 3) All other documents deemed reasonably necessary to satisfy the title objections of the City's Legal Counsel pursuant to a title opinion. 4) A warranty deed fully executed. 4. POSSESSION AND CLOSING. Subject to the City's approval of title and both City's and Seller's timely performance of all obligations herein, closing shall be held on a date no later than the date 60 days after acceptance of this offer by Seller (the "Closing Date"). On and after the Closing Date and upon payment of the Purchase Price, the City shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter, if any. 5. CONDITION OF THE PROPERTY. Buyer is purchasing the Real Estate and improvements thereon in their present condition with no warranties or representations from Seller regarding the condition of the property or improvements thereon. 6. INSURANCE. Seller shall maintain and keep in force and effect all existing property and liability insurance until the Closing Date and delivery of possession. 7. STATUS OUO MAINTAINED. The Property shall be preserved in its present condition and Seller shall deliver it intact at the time possession to the City is given. All risk of loss or damage to the Property is on Seller until the City takes possession. Prior to possession by the City, Seller shall promptly give written notice to the City of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the City shall have the option to terminate this Agreement effective immediately. However, in the case ofloss, damage or destruction of all or part of the Property from causes covered by insurance, the City shall have the option to either: (1) take possession of the 2 --------_.."._.._._._~,.__._-_..__._--~._...,-,._.._.---_...--- 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. City shall be permitted to make a walk through inspection of the property prior to possession and closing, in order to determine that there has been no material change in the condition of the property except those mutually agreed upon. 8. UTILITIES. The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by its tenants or other occupants, prior to the date of possession by the City, including without limitation of the foregoing, sewer, solid waste and water charges which may be assessed for collection pursuant to Iowa Code Section 384.84. 9. TAXES. Seller shall pay a pro-rata share of taxes on the Property (real and personal) for the fiscal year (July I - June 30) of Closing based on the Closing Date, 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 will actually be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1,2006. If, at the time of closing the tax rate is not certified, then the most current, certified tax rate shall be used. 10. REMEDIES OF THE PARTIES. In the event of default hereunder, City and Seller are entitled to utilize any and all remedies or actions at law or in equity available to them with respect to this Agreement and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 11. SPECIAL ASSESSMENTS. Seller shall pay in full all special assessments on the Property which have been certified to the Johnson County Treasurer for collection before Closing Date. 12. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 13. CONTRACTS BINDING ON SUCCESSORS IN INTEREST. The document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. 14. INTENTION OF USE OF WORDS AND PHRASES. Words and phrases contained herein, including the acknowledgement clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according to the context. 15. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 3 .-.~----_....._-----_._--~_._-_._------~."-- 16. ACCEPTANCE OF OFFER. This Offer shall become null and void at the option of the City unless accepted by the Seller within three (3) days after its presentation to Seller. 17. OTHER PROVISIONS. A. Seller and City acknowledge that the Property is subject to only one (1) outstanding lease agreement as of the date of execution of this purchase agreement. Seller hereby warrants that said lease is in writing, and Seller shall, within 10 days of the execution of this purchase agreement, furnish a complete and accurate copy of said lease, any amendments thereto or terminations thereof, to City. Seller shall also, within 10 days of the execution of this purchase agreement, furnish to City documentation, including but not limited to accountings and payment histories, disclosing the status of said lease. and the tenants' compliance with the terms thereof. City's obligations hereunder are subject to City's review and approval of such lease and the documentation disclosing the status of tenants' compliance with the terms thereof, within 30 days of receipt thereof. City's obligations hereunder are also contingent upon Seller's assignment of all said leases, without reservation and in a form acceptable to City's attorney, upon the request of City, to City on the Closing Date. B. Seller agrees not to lease any part of the Property now vacant to a third party. Seller agrees, as to existing tenancies wherein the tenant hereafter indicates its intent to terminate the tenancy, Seller shall accede to such termination and shall not thereafter lease the Property or any portion thereof to a third party. C. All property that integrally belongs to or is part of the Property, whether attached or detached, such as light fixtures, shades, rods, blinds, awning, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered. a part of the Real Estate and included in. the sale. All business property and personal property of Seller not attached to the floors, walls and ceiling shall not be considered a part of the Real Estate and are not included in the sale. D. City's obligations under this Agreement shall be subject to formal approval of this Agreement by the City Council. 4 This Offer is presented to the Seller on this ~~ f I ' 2006. CITY OF lOW A CITY, IOWA BY /~~. Stephen 1. Atkins, City Manager Accepted this _ day of ,2006. S&G MATERIALS, an Iowa General Partnership BY: t?2 tJ-/3~L Robert Barker, Partner 5 i , EXHIBIT "A" t~t pin 0( Gmrnmlnl ~u I.l, lrlo, t~1 pin ~[!he N~rthelll ~U111lf d Ih! Slluth!l\I qUlrter In! thll Pin 01 ~! Easl half or Ihe Norlheasl qUMt!r III 10 Sel'lkio 11. Township 19 North, R!IIg! 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