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Home My WebLink About2007-01-23 Resolution M~ I:: Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-20 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Speakeasy, 171 Highway 1 West It'S Brothers Bar & Grill, 125 S Dubuque Street Passed and approved this 23 rd day of Januarv VJ!.... MAYOR ,2007 U~Ql~ ATTEST: rn~~. cJ(~ CITYCLERK Approved by ~~ \_~-Ol,.. City Attorney's Office It was moved by Bailev and seconded by Resolution be adopted, and upon roll call there were: Vanderhoef the AYES: ----X- --1L- ----X-- -1L- X ----X- ----X-- NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ta em: Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 07-:21 RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution U,S. Bank N,A, 800 Nicollet Mall 204 East Washington St. 65,000,000.00 65,000,000.00 Minneapolis, MN 55402 Iowa City, IA 52240 Iowa State Bank & 102 S. Clinton St. Same 35,000,000.00 35,000,000.00 Trust Co. Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. 25,000,000.00 25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Regions Bank P.O. Box 387 501 12th Ave, Ste 100 35,000,000.00 35,000,000,00 Memphis, TN 38147-0001 Coralville, IA 52241 West Bancorporation, Inc. 1601 22nd St., Suite 209 229 South Dubuque 35,000,000.00 35,000,000.00 West Des Moines, IA 50266 Iowa City, IA 52240 Bank of the West P.O, Box 73850 301 S. Clinton St. 50,000,000,00 50,000,000.00 Cedar Rapids, IA 52407-3850 Iowa City, IA 52240 Wells Fargo Bank, N.A. 666 Walnut St. 112 S Dubuque St 50,000,000.00 50,000,000.00 Des Moines, IA 50309 Iowa City, IA 52240 500 Iowa Avenue Same 0.00 50,000,000.00 Iowa City, IA 52244-2240 Freedom Security 140 Holiday Rd. Same 15,000,000.00 15,000,000.00 Bank PO Box 5880 Coralville, IA 52241 Fanners & Merchants 1550 S. Gilbert St. Same 15,000,000.00 15,000,000.00 Savings Bank Iowa City, IA 52240 Liberty Bank 6400 Westown Parkway 205 E College 25,000,000.00 25,000,000,00 Des Moines, IA 50266 Iowa City, IA 52240 First American Bank 1207 Central Avenue 1901 Broadway, Ste 2 10,000,000,00 25,000,000.00 Fort Dodge, IA 50501 Iowa City, iA 52240 American Bank & Trust 4301 East 53rd Street 805 22nd Avenue 10,000,000.00 10,000,000.00 Davenport, IA 52807 Coralville, IA 52241 Passed and approved this ? irn day of T~n~ ( ,2007 ft(] ~_ A ;~"- MAYOR ;%'ved by ~ t;f7/C 7 City Attorney's Office ATTEST 7l~J"-' TV :~M/ . CITY CLERK .._,~..~-~_._.__.,_.. --_..--~_.--_.._.,,_..,------_._---.. -- ----_.._~_._----_.._.._-_.- Resolution No. 07-?1 Page 2 It was moved by RR i 1 Py and seconded by adopted, and upon roll call there were: AYES: NAYS: 1( x X x X y 1( ABSENT: Vanderhoef the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn __ _.___,.._,__..,_.__"..___.____~_______.__ . ".__._~__..._____..._~_._.,_,_._______.___.~_.._.__.,_._......_.._....._.__..._..._...._______ 0' . _..___~_.". rV\~ IJ:[ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-77 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 613 RONALDS STREET, IOWA CITY, IOWA. WHEREAS, on October 6, 2000, the owner 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 Lien for recordation, whereby the City does release the property located at 613 Ronalds Street, Iowa City, Iowa from a Mortgage recorded October 17, 2000, Book 3012, Page 69 through Page 73, of the Johnson County Recorder's Office. Passed and approved this 23rd day of TAnll.Rry ,20-LU-' MAYOR ATTEST: )1~ iI. 1<,auJ CITYLERK A~~_ .~ \''7 ,0-1- City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: V;::mrlprhnpf the AYES: NAYS: ABSENT: x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x y x x x Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5245 Legal Description of Property: see below Mortgago<<s): Donna O'Brien alkIa Donna M. O'Brien Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property located at 613 Ronalds Street, Iowa and legally described as follows: The west 44.43 feet of Lot Three (3) in Block Thirty-one (31) in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the owner, Donna O'Brien a/kla Donna M. O'Brien, to the City of Iowa City represented by a Mortgage, recorded October 17, 2000, Book 3012, Page 69 through Page 73, 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 recC2::ntl..; ~ MAYOR ') ATTEST: "11/1' ~d /(. <J!CV"A./ ~RK Approved by ~~ !-"I_or.- City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this j3 .d day of Lrw.. 0Ul0~ ' A.D. 20 .. 7 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ros ilbum 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 bejalf of the corporation by authority of its City Council, as contained in Resolution No.~, adopted by the City Council on the ~ day 'J'A.".,,~ ' 20 ~ and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument t be the voluntary act and deed of sald corporation, by it and by them voluntarily executed. ~'" ~ SONDRAE FORT ~ Commission Number 159791 . . My Co ml sion IiXPlres 1 S"",.j,^ . h.A7 Notary Public in and for Johnson County, Iowa ~-,.._-~-_..__.._.~-----~'~---'--'~'-------~-~---'---"---------.----~----_.~.._._---_. M~ rM!P ~ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO, 07-21 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 812 KIRKWOOD AVENUE, IOWA CITY, IOWA. WHEREAS, on November 29, 2005, the owners executed a Mortgage with the City of Iowa City; and WHEREAS, on June 19, 2006, the owners executed a Promissory Note 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 Lien for recordation, whereby the City does release the property located at 812 Kirkwood Avenue, Iowa City, Iowa from a Mortgage recorded December 2, 2005, Book 3968, Page 950 through Page 955, and a Promissory Note recorded June 22, 2006, Book 4041, Page 705, of the Johnson County Recorder's Office. Passed and approved this 21rd day of T~nll~ry Q~ 1.-1 A-J :QJrv- MAYOR ,20.-.02-. , ATTEST: ~'A-u.J .)I. Ka-v.) CITY LERK A,.eE':oved by ~~ 1-/J.-o4, City Attorney's Office It was moved by R~i1 Py and seconded by Resolution be adopted, and upon roll call there were: V~nderhoef the AYES: NAYS: ABSENT: x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x 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): Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property located at 812 Kirkwood Avenue, Iowa and legally described as follows: Commencing at a point on the North line of Kirkwood Avenue in Iowa City, Iowa, 35 feet north of a point that is 741 feet west of the southeast corner of the northeast quarter of Section 15, Township 79 North, Range 6 West of the 5th P.M., thence north 110 feet, thence east 40 feet, thence north 40 feet, thence east 36 feet, thence south 150 feet, thence west 76 feet to the place of beginning. from an obligation of the owners, Jon Craig Barch and Joan B. Barch, to the City of Iowa City represented by a Mortgage, recorded December 2, 2005, Book 3968, Page 950 through Page 955, and a Promissory Note recorded June 22, 2006, Book 4041, Page 705, 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 recorded document. c:2~AOQ~ MAYOR ATTEST: )~,~ .4..J k'. K~ CITY LERK Approved by ,'-'-, ~ ~ 1-'1,)-o=r City Attomey's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ..:l. On this .;!,~ day of "J'A , A.D. 20...!.4-, before me, the undersigned, a Notary Public In and for said County, in said State, personally appeared Ros Wllbum and Manan K Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk. spectively, 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 bahalf of the corporation by authority of its City Council, as contained in Resolution No. fil=lJ., adopted by the City Council on the ~ day -:\Jw w.J2. .... , 20 07 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. ~I '10 SONORAE FORT o ~ Commission Number 159791 . . My Comm on ~Ires o ~^^L h..4 Notary Public in and for Johnson County, Iowa (w IIIIIII~IIIIIIIII~II~~~III~~~IIIII~II~I~III Doc 10: 020571760001 Tvoo: GEN Recorded: 06/22/2006 at 02:02:54 PM Foe Amt: $7.00 Paae 1 of 1 Johnson Countv Iowa Kim Painter County Recorder BK4041 PO 705 Prepared by & return to: Lizabeth Osborne, Housing Rehab, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5246 Mortgagor(s): Jon Craig Barch and Joan B. Barch Mortgagee: City oflowa City This Promissory Note is secured by a Mortgage dated November 29. 2005 recorded December 2. 2005. Book 3968. Page 950-955 PROMISSORY NOTE Borrower, Jon Craiq Barch and Joan B. Barch, whose address is 812 Kirkwood Avenue, promises to pay to the City of Iowa City, a municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa (hereinafter "City"), the sum of two thousand six hundred twenty-three Dollars ($2.623). This Promissory Note (hereinafter "Note") is evidence of a debt running from Borrower to City resulting from a loan from the City in the Principal Amount of two thousand six hundred twenty-three ($2.623), and constitutes Borrower's promise to repay said loan according to the terms and conditions stated in this Note, and in the Mortgage and the Rehabilitation Agreement executed simultaneously herewith, and referred to herein as the "Mortgage" and the "Rehabilitation Agreement." TERM: Borrower shall not be obligated to make payments toward the Principal Amount or accrued interest so long as Borrower occupies the property which is subject to the Rehabilitation Agreement and Mortgage. If Borrower sells, assigns, transfers, or rents said property the Principal Amount shall be immediately due and payable in full, along with all accrued interest. Upon the death of Borrower and the transfer of said property to surviving spouse, heirs and devisees of the Borrower, if such surviving spouse, heirs or devisees have income below 50% median income as described in the Manual for Housing Rehabilitation Programs for the City of Iowa City, the City may, at its option, enter an agreement with such surviving spouse, heirs or devisees regarding a. schedule to repay the Principal Amount and all accrued interest. INTEREST: The interest rate shall be a one-time charge of five percent (5%) of the Principal Amount, calculated on the date Borrower sells, assigns, rents, or transfer title to the property which is subject to the Mortgage and the Rehabilitation Agreement. All payments of principal and interest shall be made to the City at the address given above or at such other place as may be designated in writing by the City June l'i . 2006 Date Jon Craig ~h-/ 1--- 0 A_____ WER Joan B. Barch I~ I][ Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St.,lowa City,IA (319)356-5139 RESOLUTION NO. 07-24 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING CO, AND TENANT VITO'S OF IOWA CITY, INC D/B/A VITO'S, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, 120 Building Co, as landlord, and Vito's of Iowa City, Inc, d/b/a Vito's, as tenant, applied for a renewal of a temporary use of the public right-of-way at 118 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this ...2.1ul. day of T~nll~"Y , 2007. ~LJ~ MAYOR ATTEST: )J-kA~.I...J ~ ~ CI CLERK Approved by: ~.~ 1- 1+-0., City Attorney's Office -----~- --------^-~-- -- ------- Resolution No. Page ? 07-?/. It was moved by Bailev and seconded by adopted, and upon roll call there were: AYES: x x y y x x x Vanderhoef the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn fv\lr, ~ "'0 ~ Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 07-''i RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER IOWA STATE BANK & TRUST CO, AND TENANT ICBB, LTD D/B/A BROWN BOTTLE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Iowa State Bank & Trust Co, as landlord, and ICBB, Ltd, d/b/a Brown Bottle, as tenant, applied for a renewal of a temporary use of the public right-of-way at 115 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this ? 3 y~ day of '~Lr~ MAYOR "\ . ATTEST: ) ~UA'l./1 f' ~J CICLERK . Appr~ve..d by: ~ ~ 1-1(,;,-01 City Attorney's Office -----_._,.._-----~~----"_.._--_._------,-----_._-_.,_..---~-_._--- Resolution No. Page 7 07-7'; It was moved by R~ ; 1 Py and seconded by adopted, and upon roll call there were: AYES: NAYS: 1{ x x y 1{ x x VHnderhoef the Resolution be ABSENT: Bailey Champion Correia' Elliott O'Donnell Vanderhoef Wilburn I V\) c;r C:J Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (SUB06-00009) RESOLUTION NO. 07-26 RESOLUTION APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION - PART FOUR, IOWA CITY, IOWA. WHEREAS, the owner/subdivider, Kennedy Development Inc., filed with the City Clerk of Iowa City, Iowa, the final plat of Kennedy's Waterfront Addition - Part Four, 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 SOUTHWEST CORNER OF LOT 1, KENNEDY'S WATERFRONT ADDITION - PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 22, PAGE 56, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89'22'49"E, ALONG THE SOUTHERLY LINE OF SAID KENNEDY'S WATERFRONT ADDITION - PART ONE, 167.95 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CEDAR RAPIDS AND IOWA CITY RAILROAD; THENCE SOUTHWESTERLY, 205.97 FEET, ALONG SAID WESTERLY RIGHT-OF-WAY LINE ON AN 1885.40 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 205.87 FOOT CORD BEARS S12'44'50"W; TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SOUTHGATE AVENUE; THENCE N89'41'16"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 632.51 FEET, TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH GILBERT STREET; THENCE NORTHWESTERLY, 114.76 FEET, ALONG SAID EASTERLY RIGHT-OF-WAY LINE ONA 5066.16 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 114.76 FOOT CHORD BEARS N01'47'10'W, TO THE SOUTHWEST CORNER OF KENNEDY'S WATERFRONT ADDITION - PART ONE; THENCE S89'22'49"E, ALONG SAID SOUTHERLY LINE OF SAID KENNEDY'S WATERFRONT ADDITION - PART ONE, A DISTANCE OF 162.62 FEET; THENCE NOO'37'11"E, ALONG SAID SOUTHERLY LINE, 360.00 FEET, TO THE NORTHEAST CORNER OF LOT 2, OF SAID KENNEDY'S WATERFRONT ADDITION - PART ONE; THENCE S89'22'49"E, ALONG SAID SOUTHERLY LINE, 350.00 FEET; THENCE SOO'37'11"W, ALONG SAID SOUTHERLY LINE, 270.00 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 4.91 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 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 Kennedy's Waterfront Addition - Part Four, Iowa City, Iowa located on the above-described real estate is hereby approved. Resolution No. 07-26 Page 2 2. The City accepts the dedication of the street and easements 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 23rd day of Januarv , 20..!ll-. ~U~ MAYOR ATTEST: h#;~~~. ~.-uJ CI CLERK Approved by ~~4 City Attorn y's Office " /dflt>(p It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: n'nntmpl1 the Resolution be AYES: NAYS: ABSENT: y 1{ y 1{ x 1{ x Bailey Champion Correia Elliot O'Donnell Vanderhoef Wilburn pcdIstaff reportslreslFinal-resSUB06-00009 Kennedy's Watertront part four.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: Sunil Terdalkar Item: SUB06-00009 Date: October 19, 2006 Kennedy's Waterfront Addition - Part Four GENERAL INFORMATION: Applicant: Kennedy Development Inc. P.O. Box 852, Iowa City, IA 52240 (319) 338-2330 Contact Person: Paul Anderson MMS Consultants 1917 S Gilbert Street, Iowa City, IA 52240 Phone: (319) 351-8282 Requested Action: Subdivision Final Plat Purpose: Development of a 4-lot commercial subdivision Location: Southgate Avenue Size: Approximately 4.91 acres Existing Land Use and Zoning: Undeveloped and temporary storage - CI-1 Surrounding Land Use and Zoning: North: Commercial- CI-1 (Pending rezoning to CC-2) South: Undeveloped - CI-1 East: Commercial- CI-1 West: Commercial - CC-2 Comprehensive Plan: South District Plan - General Commercial Neighborhood Open Space District: N/A File Date: September 28, 2006 45 Day Limitation Period: November 13, 2006 60-day Limitation Period November 28, 2006 BACKGROUND INFORMATION: The City Council approved the preliminary plat for Part Four of this subdivision in January 2006. Prior to the preliminary plat approval, a 'Grading and Development Agreement and Covenant' was recorded for this property to resolve a violation of the flood plain regulations. Per this agreement, 2 a grading permit was issued with conditions that require further scrutiny and/or information prior to conducting development activity. The applicants, Paul M. and Mary F Kennedy, are now requesting approval for the final plat for this commercial subdivision on approximately 4.91-acre land. The property is located east of S. Gilbert Street on Southgate Avenue. ANALYSIS: Conformance with Preliminary Plat: Although the applicant has proposed a few changes, the final plat is generally consistent with the preliminary plat. At the time of preliminary plat approval the subdivision included five lots, but the applicant is setting aside lot 5 of the subdivision for future development as Outlot B. The subdivision now consists of four lots all of which can be accessed only from Southgate Avenue. The applicant has also proposed adding a small portion of land to proposed lot 2, by deducting it from lot 1. Despite these changes the overall design of the subdivision remains similar to the previously approved preliminary plat and complies with the code requirements. The construction drawings have been reviewed and approved by the City Engineer, and the legal papers are being reviewed by the City Attorney. . Access Control: The city's access control policy aims to achieve enhanced safety and traffic circulation benefits by limiting access to arterial streets. Accordingly, lot 1 will not have direct driveway access to Gilbert Street, which is an arterial street. Because of the close proximity to the intersection of Gilbert Street and Southgate Avenue, the number of access points on Southgate Avenue for the proposed lots should be limited. To achieve this, shared access points are created, one each for lots 1 & 2 and lots 3 & 4. The 50-foot wide section of Outlot B will serve as access point for any future development on this outlot. To accommodate the need to widen Southgate Avenue for turn lanes a 10-foot wide right-of-way along the south boundary of proposed lot 1 is required. Outlot A is reserved for the dedication and is noted on the plat accordingly. Environmentally Sensitive Areas: The Sensitive Areas Inventory identifies that the property is in the Iowa River 100-year flood plain, and contains potential wetlands and upland woods. According to a notification from the Corps of Engineers, no jurisdictional wetlands were found on the property and therefore the potential wetlands on the property are not regulated by the Sensitive Areas Ordinance. However, adequate storm water management measures are required to develop this property. The plat shows an easement for the storm water management facility and other drainage easements. The City Engineer has reviewed the plat along with the storm water detention calculations and the grading and erosion control plan. In a previous action, the applicant placed a substantial amount of fill on the property and re- graded it, with no prior permit. As the property is in the flood plain, the Grading Ordinance requires a permit to perform such grading or filling work. The City agreed to issue a permit for this unapproved fill with conditions and entered into an agreement and covenant. According to this agreement, prior to initiation of any development activity on certain portions (primarily on proposed lots 3 and 4) of this property, a geotechnical report is required. This is necessary to ensure the safety of any construction activity and structures on this ground. The area governed by the agreement and covenant is delineated on the plat and recorded with County Recorder's office. The legal papers should duly address this issue. Infrastructure fees: The property is subject to water main extension fees of $395 per acre (a total of $1939.45 tor 4.91 acres) and the applicanUowner is required to dedicate land toward the right-ot-way for future expansion ot Southgate Avenue (indicated on the plat as Outlot A). pedlstaff reports\sub06-QOOO9 kennedy'swaterfrontaddition final --'-.-.-----.,..~--_.~-----...-.--~ ______.~_._.,.~....._____~"~_..__'_M_'_."_..___ _. __~__,__'"_".._.__.____..___...._.._ 3 STAFF RECOMMENDATION: Staff recommends that this SUB06-00009, a final plat of Kennedy's Waterfront Addition, a 4.91- acre, 4-lot commercial subdivision located on Southgate Avenue, be approved subject to legal papers being approved prior to Council consideration. ATTACHMENTS: 1. Location Map 2. Plan or plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development ~~ pcd\slaff reports\sub06-o00Q9 kennedY'SW8lerfrontaddiliOl1 final - ~- - . CITY OF IOWA CITY ~ U O(~ 6 LLJII I LLJ ~ c:=cJ L HIGHLAND A VE ~ ~ => ~ 0 >- 0 '1i' rn PUBLIC WORKS & TRANSIT DO CI1 ~tlrgis ; " \ ~ ~~ / Ferry ~ ~~~ ::0 ' "-.~ 0 Pork 71\ z CC2 11"'oN ~( ~ 0 N ~~, ( / ~ / U> j ! " '\ :0 ~ 0-- 0 - rn Z / )> ~ ~ ~ OL YMPI \ "' 0 U> ;0 U> ~ ~ z '" ;0 I w w 0 > rn Z w ~ -' I ~ 0 U> 0 I N I \" sou THGA TE AVE SOUTHGATE AVE I I I ~ I ! I I OPD/RS12 SITE LOCA nON: Kennedy's Waterfront Addition, Part 4 SUB06-00009 FINAL PLAT 4.9\ KENNEDy'S WATERFRONT ADDITION - PART FOUR -~.. "_OE 'E'~~O m. "CO'OE" U'E_ M_'_~IOW~~~ IO~:.~ M _O*IULT.lmllC. IKllIIml'lK9m.Ol'KDTllI!:. PlflWP4lRr LEGEND AND NOTES 111I7 IOIITII GUDrIST. P.O-llDllIe2' 222_UlfNmIEI'T M 1l.>".crrr.lfll'lo~ ltI...ClI'l'.lO'.I~ lO'J1an,null22olO t -~-.- -_-'IUST_ + . :~~""1:"'.::>'- --............... (A~':.~~_..,.... II . _CUT"r - - - -- - -: '-_"6I-~LM:! 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PERPVA _ I'lLIN L L~ ". -- ~-"J 1tr ~~-~ _ , ..~ tr ________: = ::'=~; """" ----I /IIW'IOjIII _arr~_ ---+---- ___....rn_ I ,....,.-al)...__.....,...____ _ 1'fR_........~....... I : U ....""n - - - ... - :-:-- : ::::.::-...=..-:.-.:..~eoI;::.:.."'L:.':.:: .#' I' $' ,-- I .# II >-- 0 _h__h___ : 'C{!::' I ~ ~ i': 0 --I, I ~, I I ' "'=T In-. :: I CUIID. ZL...-. ~. : : ,~ "'- '~, _~.!l:- ~~/.tI' I ""':" ~._~ _~h.. I::;'"" 1 I::.,>" .If'I---... -. ...~j;-:<>~I/~ I .___._u_ ~it r~t~~ ~t?~i\--L; ~ ~t ',Ill . -' _.__.__ '~$r! : "-<>y~ _/'r'~ ,~., .~I i~~1 :.,>"~~; E f-'!,';jf$ i r-;'/-" ',~,- L ~-..,!!"" r - FINAL PLAT ~ 5 . ~+f7-..... ~ / 01 ,-r )II ,"'-,..... /B 0-..-.,. .. ! i$''' ~j ~.: ~:~ $ . i:::a-~ ~ 2 II .I ~--~~ Slpd__....I'Ii._..,fIf~.2IL- -6-"~ ....,..~: ~ll: . 11-.50I4.1" "t ~PIoIOi<,h_lorltoo_flf_ l.oo114..7O" ~ l~1'" I o-114..7S' ca-~C1'41"1O"W WL KENNEDY'S WATERFRONT tn ~_u-.--J ~ >.". _ _~1 ADDmON-PARTFOUR ~ -- _JIllIlOIIi&iEJ,~__ ... -.. ",...,pry".-.",,--~....._-- _____m) r;;;~~~~..:.~ ~~~~!':!':!....~-~~~----_. ~ PL.I.T~~ftD ~~~~~COUNTY:.'l -=-.. City of 10_ City IOWA I - - _ ------,-~,- MMSCONSUL'''~S INC' . All ____=_____ 'IVI', _" --~- "'---....... ~ 1JlI/TI'_...____..._ - 04-11-06 ~ . :"~..=.:.==:""'''...._- ........Io.r ___ ~ '" F'VA m! ___en _ -loJo Rl.W- .....""''f "'-Io.r __ ~ --- - ....,....... ODM 1 ~ lCIWACITY g -- - 0867019F ..., ~ ,'- - M+3 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 07-27 CONSIDER A RESOLUTION SUPPORTING THE APPLICATION FOR A $25,000 GRANT FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR BIOWA. WHEREAS, The City may serve as an eligible applicant for Community Development Funds made available through the Iowa Department of Economic Development, and WHEREAS, BIOWA, a trade association for bio-based businesses headquartered in Iowa City, seeks the support of the City for its application to the state for $25,000 in grant funding for a project to build an input/output database, and WHEREAS, the project will match production waste streams with input needs and will serve the output and input needs of companies focused on bio-based products creating operational efficiencies and helping to limit landfill waste, and WHEREAS, the biosciences, advanced manufacturing and information solutions are among the State's and Iowa City's most desired industries to retain or attract and this project directly or indirectly relates to each, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor may sign a letter of support for the grant application and the Economic Development Coordinator may provide grant administration for the project. Passed and approved this 71rd day of T~nllary 9~( MAYOR , 20...!!l-. J .:M- - -- ATTEST: ~ ~. k~ CI LERK Arted by ~ . <<-). 'lz.vlP? City Attorney's Office Resolution No. Page 2 07-27 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: x x y x x x x NAYS: ABSENT: Champion the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn I ~ 1 !~~~tlt~ '-.... ..aa.lifl;. ...,.... CITY OF IOWA CITY~ MEMORANDUM Date: January 17, 2007 From: City Council Wendy Ford, Economic Development Coordinator BIOWA's Community Development Fund Grant Application (IDEO) To: Re: BIOWA is applying for a $48,000 grant from the Iowa Department of Economic Development's Community Development Fund. They need and seek the support of the City for the application. The City will not be providing any funds. The City's role will be to administer the grant funds. The administration will involve verifying information in and filing four quarterly reports provided by BIOWA to the state for a period of one year only. At the Dec. 12,2006 Economic Development Councii meeting, the committee agreed to support the application contingent upon BIOWA's clarification of the finances and the use of grant funds requested. The applicant provided the necessary financial clarity for the project and has reworked and presented the budget and financials. I sent a letter of intent to support to the state with the BIOWA application. Should the application be awarded grant funds from the state, the award will be contingent on Council's approval for support of the application. A resolution approving support of the application is on the council agenda for the January 23, 2007 Council Meeting. A copy of the letter of support, to be signed by Mayor Wilburn, is also included in the packet. Mike Ott, Executive Director of BIOWA also plans to attend the Jan. 23 meeting. A concern about a duplication of efforts between BIOWA's database and the Iowa Waste Exchange program was raised after the Dec. 12 meeting. I have explored the differences between the two projects and noted them below. Additionally, I have emphasized to the applicant that the City is particularly interested in their cooperation with the staff and directors at the Iowa Waste Exchange program to avoid any duplication. The chief differences between the BIOWA and IWE databases are: . The greater level of chemical detail included in the BIOWA database . The ease of usability and interface with the software in the BIOWA database . The narrow focus on bio-based waste streams and input needs that will enable staff to focus on one industry segment and compile a useful database. Iowa Department of Economic Development Attention: Susan Drake, CDF 200 E. Grand Ave. Des Moines,]A 50309-1819 I ~ 1 ~~~~-.: :::~..aa.~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org January 23, 2006 Dear Ms. Drake; This letter is a commitment of support from the City ofIowa City for BlOW A's grant application for Community Development Funds. The City of Iowa City will serve as the fiscal agent for the project and will provide the services of grant administration in-kind. We are aware of apparent similarities in goals between the BIOWA database project and the Iowa Waste Exchange program, and feel that the BlOW A project will complement IWE and benefit the state. In particular: . The focus on bio-based waste and raw material needs allows for concentrated efforts in gathering data on one of the Iowa Department of Economic Development's top three segments of the Iowa economy. . The highly detailed chemical information in the database will provide a rich source of raw material information for other bio-based manufacturers. . Because of the grant, the database will be owned by the State of Iowa. As such, improvements or additions to existing databases, such as Iowa Waste Exchange, may be gained because the development of the BlOW A database. For the greatest benefit to Iowa, the City of Iowa City encourages strong communication between BlOW A and the Iowa Waste Exchange program. This will ensure a minimum duplication of efforts and help to create a source of waste stream information that is especially rich in bio-based materials. Your contact at the City of Iowa City for this project will be Wendy Ford, Economic Development Coordinator, 410 E. Washington Street, Iowa City, ]A 52240, phone 319-356-5248. Sincerely, Ross Wilburn Mayor I! 1 :f~IW!:'t ~~..ga.' ...,...~ CITY OF IOWA CITY Iowa Department of Economic Development Attention: Susan Drake, CDF 200 E. Grand Ave. Des Moines, IA 50309-1819 410 East Washington Street Iowa Cily. Iowa 52240-1826 (319) 356-5000 (J 19) 356-5009 FAX www.icgov.org January 23, 2006 Dear Ms. Drake; This letter is a commitment of support from the City of Iowa City for BIOWA's grant application for Community Development Funds. The City of Iowa City will serve as the fiscal agent for the project and will provide the services of grant administration in-kind_ We are aware of apparent similarities in goals between the BIOWA database project and the Iowa Waste Exchange program, and feel that the BIOWA project will complement IWE and benefit the state. In particular: . The focus on bio-based waste and raw material needs allows for concentrated efforts in gathering data on one of the Iowa Department of Economic Development's top three segments of the Iowa economy. . The highly detailed chemical information in the database will provide a rich source of raw material information for other bio-based manufacturers_ . Because of the grant, the database will be owned by the State of Iowa. As such, improvements or additions to existing databases, such as Iowa Waste Exchange, may be gained because the development of the BIOWA database. For the greatest benefit to Iowa, the City of Iowa City encourages strong communication between BIOWA and the Iowa Waste Exchange program. This will ensure a minimum duplication of efforts and help to create a source of waste stream information that is especially rich in bio-based materials. Your contact at the City of Iowa City for this project will be Wendy Ford, Economic Development Coordinator, 410 E. Washington Street, Iowa City, IA 52240, phone 319-356-5248. e~u~ Mayor ._-~--~-_._._--_._-_.,_._--------------_._-_. ._---.----~.~._----_..._--,--_._....._----------_.._----.-----.-...----.----------.. .,A n Prepared by: Wendy Ford 410 E. Washington St, Iowa City, IA 52240 (319) 356-5248 CONSIDER A RESOLUTIO SUPPORTING THE APPLICATION FOR A $48,000 GRANT FROM THE IOWA DEP RTMENT OF ECONOMIC DEVELOPMENT F BIOWA. WHEREAS, The City may serve as made available through the Iowa Depart eligible applicant for Community evelopment Funds nt of Economic Development, a WHEREAS, BIOWA, a trade association for io-based businesses adquartered in Iowa City, seeks the support of the City for its applicatio to the state for $ ,000 in grant funding for a project to build an input/output database, and NOW, THEREFORE, BE IT RESOLV BY THE CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: WHEREAS, the project will match production wast streams ith input needs and will serve the output and input needs of companies focused 0 bio- ased products creating operational efficiencies and helping to limit landfill waste, and WHEREAS, the biosciences, advanced manufactur g and information solutions are among the State's and Iowa City's most desired industries ret in or attract and this project directly or indirectly relates to each, The Mayor may sign a letter of s port for the grant applicati Coordinator may provide gra~ministration for the project. Passed and approve7{ day of n and the Economic Development ATTES : ~7~~;A4L..J ~, CI Y ERK ~-'vJ ,20_, MAYOR 1- 17 - 07 M~ h c-1 Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St" Iowa City, IA 52240 319-356-5149 RESOLUTION NO. 07-78 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE U.S. HIGHWAY 6 & GILBERT STREET INTERSECTION IMPROVEMENT PROJECT. WHEREAS, the City of Iowa City desires to construct the U.S. Highway 6 and Gilbert Street Intersection Improvement Project ("Project") which includes dual left-turn lanes to Northbound and Southbound Gilbert Street at its intersection with U.S. Highway 6; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the U.S. Highway 6 and Gilbert Street Intersection Improvement Project ("Projecf') which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value, 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. ___.______"'__.._..___________________._..___...._.~_._____._.____~~_.__._______________.__.___d__..__._..._.m_._______________________________.____ Resolution No. 07-28 Page 2 Passed and approved this 21rd day of Januarv . 20 llL.-. ~u_~ MAYOR ATTEST:J11~ )( !{41/1.) CITY LERK Iz/~"f~ It was moved by Bat 1 ey and seconded by adopted. and upon roll call there were: AYES: NAYS: Vanderhoef the Resolution be x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x y x x pweng\masters\acQuireprop. doc January 17, 2007 d(TI ~~~~1It ~~_ID'~ CITY OF IOWA CITY <Owner> <Address1> <Address2> 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Re: US Highway 6 & Gilbert Street Intersection Improvements Public Input Opportunities Dear Property Owner and/or Tenant, The City of Iowa City is currently in the preliminary design phase for the US Highway 6 & Gilbert Street Intersection Improvement Project. The goal of this project is to improve functionality and safety at the intersection. To accomplish these goals, the project includes adding dual left turn lanes to northbound and southbound Gilbert Street, a southbound right turn lane, a raised median along parts of Gilbert Street, and access management. Properties affected include those adjacent to Gilbert Street from Stevens Drive north to 151 Street and along Stevens Drive from 500 feet west of Gilbert Street to 500 feet east of Gilbert Street. If you have yet to see the proposed improvements, please contact me at 319-356-5149 to set up an appointment. You are invited to voice your interests and concerns with this project to the Iowa City Council Members at the following meetings: . Tuesday January 23, 2007: Formal Council Meeting (7:00 PM Start) o During Comment for Resolution Item . Tuesday February 20, 2007: Formal Council Meeting (7:00 PM Start) o During Comment for Budget Hearing If you are unable to attend these meetings, you can contact any of the Council Members using the information listed on the council website. htto:l/www.icqov.orq/council/default.aso Sincerely, Sarah Okerlund Civil Engineer Cc: Steve Atkins Ron Knoche HOUSE STREET OWNER ADDRESS1 ADDRESS2 227 E 1stSI. Timothv & Laurie Maoaraci 227 E 1st SI. Iowa Citv IA 52240 1104 Gilbert SI. S Dean & Evelyn Oakes PO Box 1456 Iowa Citv IA 52244-1456 1104 Gilbert SI. S Money Station No.4 1104 S Gilbert SI. Iowa City IA 52240 1132 Gilbert SI. S Gueo J. Lui 1132 S Gilbert SI. Iowa Citv IA 52240 1134 Gilbert SI. S Donna Hamm 1134 S Gilbert SI. Iowa Citv IA 52240 1201 Gilbert SI. S Miller & Maske LLC 1201 S Gilbert St Iowa Citv IA 52240 1204 Gilbert SI. S PPG Industries 1204 S Gilbert SI. Iowa Citv IA 52240 1210 Gilbert SI. S South Gilbert Center LLC (do Willis M. Bvwater) 621 S Summit St Iowa Citv IA 52240 1214 Gilbert SI. S Florence M. Haaen Revocable, Trust PO Box 774 Ankeny IA 50021 1214 Gilbert SI. S Rent A Center Inc. 1214 S Gilbert SI. Iowa Citv IA 52240 1224 Gilbert SI. S Antonia Koreze 4274 Nursery Ln SE Iowa Citv IA 52240 1224 Gilbert SI. S Gary D. Mcintire 1224 S Gilbert SI. Iowa Citv IA 52240 1225 Gilbert SI. S U ofl 1225 S Gilbert SI. Iowa Citv IA 52240 1301 Gilbert SI. S Pleasant Valley Nursery 1301 S Gilbert St Iowa City IA 52240 1310 Gilbert SI. S FAP Enterprises (do Gasby's) 2303 Muscatine Ave Iowa Citv IA 52240 1310 Gilbert SI. S Gasbv's 1310 S Gilbert SI. Iowa Citv IA 52240 1401 Gilbert SI. S Hills Bank & Trust Co. 1401 S Gilbert St Iowa Citv IA 52240 1402 Gilbert SI. S Los Portales 1402 S Gilbert SI. Iowa Citv IA 52240 1402 Gilbert SI. S Southoate Develooment Comoanv, Inc. 755 Mormon Trek Blvd Iowa Citv IA 52246-1907 1519 Gilbert SI. S Louise Lvtle 1519 S Gilbert SI. Iowa Cltv IA 52240 1531 Gilbert SI. S Citv Construction Group 1531 S Gilbert SI. Iowa City IA 52240 1534 Gilbert SI. S Aldi's Inc. 1534 S Gilbert SI. Iowa City IA 52240 1534 Gilbert SI. S Aldi's Inc. (do Mike Eaaertl PO Box 550 West Burlinoton IA 52655 1539 Gilbert SI. S John F. Garitv, CPA PC 1539 S Gilbert SI. Iowa Citv IA 52240 1548 Gilbert SI. S Schintler Partnershio 1 Woodland Dr Iowa Citv IA 52240 1565 Gilbert SI. S Children's Center 1565 S Gilbert SI. Iowa Citv IA 52240 1565 Gilbert SI. S Larrv Bell 10 Greenview Ct West Branch IA 52358 1566 Gilbert SI. S C & C Investments (do Dave Clark) 910 Applewood CI. #1 Coralville IA 52241 111 Stevens Dr. K&G 1335 Oaklawn Ave Iowa Citv IA 52245 111 Stevens Dr. Susan M. Riedl 111 Stevens Dr. Iowa Citv IA 52240 112 Stevens Dr. Sand Road Investors 4212 Sue Linda Cir NE Iowa Citv IA 52240 i 123 Stevens Dr. H & E LLC PO Box 1188 Iowa Citv IA 52244-1188 150 Stevens Dr. Estate Java LLC 150 Stevens Dr Iowa Citv IA 52240 215 Stevens Dr. Williamson LLC 809 Hiahway 1 West Iowa Citv IA 52246 1410 Waterfront Dr. Car X Auto Seryice 1410 Waterfront Dr. Iowa Citv IA 52240 1411 Waterfront Dr. Carlos O'Kellv's Inc. (do Bruce Titus) 1411 Waterfront Dr. Iowa City IA 52240 1411 Waterfront Dr. David & Darrel Roloh PO Box 22845 Oklahoma City OK 73123 1423 Waterfront Dr. Blackhawk Partners LC (do Nanette Scott) PO Box 5519 Coralville IA 52241 i M~ ~ Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 07-?Q RESOLUTION APPROVING, AUTHORIZING AND DIRECTING MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND JOHN COYNE TO PROVIDE CONSULTANT SERVICES FOR THE LOWER WEST BRANCH ROAD PLACARD PROJECT. WHEREAS, the City of Iowa City desires to provide a unique aesthetic element for the culvert headwalls installed as part of the Lower West Branch Road - Scott Boulevard to Taft Avenue Improvements Project; and WHEREAS, the City of Iowa City desires to develop and fabricate bronze placards which will be inserted as the aesthetic element upon completion of said culvert headwalls; and WHEREAS, the City desires the services of a consultant to develop, fabricate and install said Placards; and WHEREAS, the City of Iowa City has negotiated an Agreement for said Consultant services with John Coyne, to provide said services; and . WHEREAS, it is in the public interest to enter into said Consultant Agreement with John Coyne. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and the City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in triplicate. . Passed and approved this ?~r,j day of January, 2007. ~(~~ Mayor . ATTEST: JJ~UA'~)~' ~~ City Clerk , ;, 7/07 Resolution No. Page 2 07-29 It was moved by Bailev and seconded by adopted, and upon roll call there were: AYES: NAYS: x x X x x x x Correia the Resolution be ABSENT: Bailey Champion . Correia Elliott O'Donnell Vanderhoef Wilburn CITY OF IOWA CITY LOWER WEST BRANCH ROAD PLACARDS PROJECT AGREEMENT BY AND BETWEEN OWNER AND CONSULTANT THIS AGREEMENT is made on this 23rd day of January, 2007, by and between the City of Iowa City, hereinafter referred to as the OWNER, and John R. Coyne, hereinafter referred to as the CONSULTANT. The OWNER'S REPRESENTATIVE shall be the City Engineer or his/her designee. WHEREAS, the OWNER, has accepted the proposal for the Lower West Branch Road Placards Project hereinafter referred to as the PLACARDS. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The CONSULTANT shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and installation of the PLACARDS at the site. b. The CONSULTANT shall at all stages of execution, fabrication and installation coordinate his work with the OWNER'S REPRESENTATIVE. 1.2 Design a. The CONSULTANT shall furnish the OWNER'S REPRESENTATIVE conceptual design sketches and material samples representing samples of the completed PLACARDS. b. OWNER'S REPRESENTATIVE shall provide feedback on the conceptual design sketches and material for consideration prior to approving the fabrication of PLACARDS. 1.3 Coordination with Engineer a. The CONSULTANT shall furnish the OWNER'S REPRESENTATIVE a faux mockup of the completed PLACARDS. The faux mockup shall be fabricated (disposable) replicas of the exact length, width, and thickness of. the completed PLACARDS. The CONSULTANT shall also furnish the OWNER'S REPRESENTATIVE dimensions of the completed PLACARDS measured to the nearest 1/8" b. The CONSULTANT shall furnish the OWNER'S REPRESENTATIVE adequate lineal dimensions of completed PLACARDS, measured to the nearest 1/8", relative to the specific location of PLACARDS on each culvert headwall. Dimensions will be used by OWNER'S REPRESENTATIVE to complete final construction plans for the culvert headwall, in which PLACARDS will later become incorporated. 2 1.4 Fabrication a. Schedule Deadlines January 24. 2007 - CONSULTANT shall furnish final dimensions and locations of PLACARDS as stated in 1.3 (a) and 1.3 (b) Aoril1. 2007 - CONSULTANT shall furnish faux mockup of the PLACARDS. June 1. 2007 - CONSULTANT shall complete fabrication and have available completed PLACARDS for installation. b. The OWNER shall have the right to review the PLACARDS at reasonable times during the fabrication thereof. The CONSULTANT shall' submit to the OWNER'S REPRESENTATIVE progress reports in accordance with the schedule provided for in Section 1.4 (a). c. The CONSULTANT shall complete the fabrication and preparedness for installation of the PLACARDS in substantial conformity with the approved Proposal and schedule required in section 1.4 (a). d. The CONSULTANT shall present to the OWNE~ in writing for further review and approval any significant changes in scope. design, color, size, material or texture of PLACARDS not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the PLACARDS , any change which affects installation, scheduling, site preparation or maintenance for the PLACARDS or any change to the concept of the PLACARDS as represented in the Proposal. 1.5 Delivery and Installation a. The OWNER'S REPRESENTATIVE agrees to notify the CONSULTANT no fewer than thirty (30) days prior to requiring the PLACARDS delivery and installation. Particulars of delivery time. location shall be coordinated between CONSULTANT and OWNER'S REPRESENTATIVE b. The CONSULTANT shall be responsible for providing the OWNER'S REPRESENTATIVE with the faux mockup of the PLACARDS no later than April 1, 2007. The faux mOCkup of the PLACARDS will be used by the City's Contractor to provide a "stand-in" for the PLACARDS until completion of the culvert headwall construction. c. The CONSULTANT shall deliver and consultwith the OWNER'S REPRESENTATIVE on the installation of the completed PLACARDS at the site in compliance with the schedule approved pursuant to Section 1.4 (a). . d. The CONSULTANT shall deliver, following the delivery and installation of PLACARDS, to OWNER all fabrication molds used to reproduce completed PLACARDS. e. The CONSULTANT shall be responsible for Coordination with the City's Contractor prior to Installation of the completed PLACARDS at such time that the City Contractor provides notification that the culvert headwalls are made ready for insertion of the PLACARDS. 3 f. The CONSULTANT shall be responsible for all expenses, labor and equipment to prepare the site for the installation of the PLACARDS. Site preparation prior to installing PLACARDS may include but is not limited to grinding or cleaning of the surface that may be required to adhere PLACARDS permanently to culvert headwall. Accurate representation of dimensioning and thickness of the faux mockups as compared to the PLACARDS is critical to ensuring proper fit and conformity of the PLACARDS with the culvert headwall work completed by the City Contractor. 1.6 Post Installation a. The CONSULTANT shall be notified of any dates and times for presentation ceremonies relating to the PLACARDS. b. Upon installation of the PLACARDS, the CONSULTANT shall provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintenance and preservation of the PLACARDS. 1.7 Final Acceptance a. The CONSULTANT shall advise the OWNER'S REPRESENTATIVE in writing when all services in Sections 1.1 through 1.6 (b) have been completed in substantial conformity with the Proposal. This date of final acceptance shall be dependant on the date for completion of the culvert headwall as provided by the City Contractor. b. The OWNER'S REPRESENTATIVE shall notify the CONSULTANT in writing of OWNER'S final acceptance of the PLACARDS. c. Final acceptance shall be effective on the date of the OWNER'S REPRESENTATIVE'S written notification to CONSULTANT of final acceptance. 1.7 Risk of Loss The risk of loss or damage to the PLACARDS shall be borne by the CONSULTANT until final acceptance by the OWNER, and the CONSULTANT shall take such measures as are necessary to protect the PLACARDS from loss or damage until final acceptance. The CONSULTANT shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God once installation of the PLACARDS is complete. 1.8 Liability, Indemnification and Insurance a. The CONSULTANT agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from CONSULTANT'S operations, duties or responsibilities under this agreement, whether such be by CONSULTANT himself or by any subcontractor or by anyone directly or indirectly employed by the CONSULTANT. 4 b. Upon final acceptance of the PLACARDS, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the CONSULTANT against any and all claims or liabilities thereafter made in connection with the PLACARDS, the site, the project or this agreement, except claims by the OWNER against the CONSULTANT and claims which may occur as a result of the CONSULTANT'S breach of the warranties provided in Article 4. c. The CONSULTANT and all employees of the CONSULTANT shall each effect and maintain insurance to protect the CONSULTANT from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of the CONSULTANT'S employees or of any person other than the CONSULTANT'S employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of the CONSULTANT'S performance of professional services caused by errors, omissions, or negligent acts for which the CONSULTANT is legally liable. 1.9 Title Title of the PLACARDS shall pass to the OWNER upon OWNER'S final acceptance of the completed PLACARDS Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay the CONSULTANT a fee not to exceed Thirty Two Thousand Four Hundred and Eighty Dollars ($32,480) which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the CONSULTANT under this agreement. Expenses shall include all travel and lodging required for the CONSULTANT to fulfill his obligations under this contract. The fee shall be paid in the following installments, expressed as percentages of such fixed fee, each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: a. Thirty percent (30%), or $9744, within thirty (30) days after execution of this agreement. b. Fifty percent (50%), or $16240, within thirty (30) days of the determination of OWNER'S REPRESENTATIVE that the PLACARDS fabrication is completed. CONSULTANT shall provide documentation to OWNER'S REPRESENTATIVE to demonstrate such progress. In no event shall the second payment be made less than thirty (30) days after authorization of the first payment. c. Twenty percent (20%) or $6496, within thirty (30) days after final acceptance of the completed PLACARDS project. If the CONSULTANT elects to utilize the OWNER'S services and materials during installation, other than those specifically cited herein as the responsibility of the OWNER, those fees shall be deducted from the final payment due the CONSULTANT. 5 2.2 CONSULTANT'S Expenses The CONSULTANT shall be responsible for the payment of all expenses necessary for the proper performance of the services required under this agreement, including but not limited to mailing or shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of any and all engineering evaluations as required by the OWNER, transporting the PLACARDS to the site and the costs of all travel and lodging by the CONSULTANT and the CONSULTANT'S agents and employees. Article 3. Time of Performance 3.1 Duration The services to be required of the CONSULTANT as set forth in Article 1 shall be completed in accordance with the schedule for completion of the PLACARDS as proposed by the CONSULTANT and approved by the OWNER'S REPRESENTATIVE pursuant to Section 1.4 (a), and 1.5 (a) and 1.5 (b), provided that such time limits may be extended or otherwise modified by written agreement between the CONSULTANT and the OWNER'S REPRESENTATIVE. 3.2 Construction Delays If, when the CONSULTANT completes fabrication or procurement of the PLACARDS in accordance with the approved schedule and notifies the OWNER that the PLACARDS is ready for installation, the CONSULTANT is delayed from installing the PLACARDS within the time specified in the schedule because OWNER has not prepared the site for installation as specified in Section 1.3(d) hereof, as a result of the improvements not being completed on the site to permit installation of the PLACARDS, the OWNER shall provide storage for the period between the time provided in the schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the PLACARDS. 3.3 Early Completion of CONSULTANT Services The CONSULTANT shall bear any transportation and storage costs resulting from the completion of the CONSULTANT'S services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the CONSULTANT in the event that there is a delay on the part of the CONSULTANT in performing its obligations under this Agreement due to conditions beyond the CONSULTANT'S control or Acts of God which render timely performance of the CONSULTANT'S services impossible or unforeseeably burdensome. Likewise the CONSULTANT shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unforeseeably burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. -----------_._._------~----------_._-"--'-"--"-------~-_..._-----_.." 6 Article 4. Warranties 4.1 Warranties of Title The CONSULTANT represents and warrants that: (a) the PLACARDS are solely the result of the effort of the CONSULTANT; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the PLACARDS are unique and original and do not infringe upon any copyright; (c) that the PLACARDS, or a duplicate thereof, have not been accepted for sale elsewhere; and (d) the PLACARDS are free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The CONSULTANT represents and warrants that: (a) the execution and fabrication of the PLACARDS will be performed in a workmanlike manner; (b) the PLACARDS, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the PLACARDS; and (c) maintenance recommendations submitted by the CONSULTANT to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall survive for a period of five years after the final acceptance of the PLACARDS. The OWNER shall give notice to the CONSULTANT of any observed breach with reasonable promptness. The CONSULTANT shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty in a manner that is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the PLACARDS). Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5.1, the CONSULTANT retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the PLACARDS except ownership and possession. In view of the intention that the PLACARDS in its final dimension shall be unique, the CONSULTANT shall not make any additional duplicate reproductions of the final PLACARDS, nor shall the CONSULTANT grant permission to others to do so except with the written permission of the OWNER. The CONSULTANT grants to the OWNER and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the PLACARDS for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the CONSULTANT and a copyright notice substantially in the following form: - [CONSULTANTS NAME], date of publication. 7 5.3 Credit to Owner The CONSULTANT shall use best efforts to give a credit reading substantially, "an original PLACARDS owned and commissioned by the City of Iowa City, Iowa" in any public showing under the CONSULTANT'S control or reproductions of the PLACARDS. 5.4 Registration The CONSULTANT may cause to be registered, with the United States Register of Copyrights, a copyright of the PLACARDS in the CONSULTANT'S name. Article 6. CONSULTANT'S Rights 6.1 Identification The CONSULTANT may at its expense, prepare and install on or near the PLACARDS, at a location approved by the OWNER, a plaque identifying the CONSULTANT, the title of the PLACARDS, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The OWNER recognizes that maintenance of the PLACARDS on a regular basis is essential to the integrity of the PLACARDS. The OWNER shall take reasonable steps to assure that the PLACARDS is properly maintained and protected, taking into account the instructions of the CONSULTANT provided in accordance with Section 1.6 (b). 6.3 Alteration of the Work or of the Site a. Except as provided under subsection 6.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the PLACARDS without the prior written approval of the CONSULTANT. b. The OWNER reserves the right to alter the location of the PLACARDS; relocate the PLACARDS to another site; and remove the PLACARDS from public display. The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove PLACARDS in such a way as to not affect the PLACARDS, it is the parties' understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the PLACARDS. The CONSULTANT acknowledges that this provision shall qualify under 17 U.S. C. Section 113 (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the PLACARDS may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the PLACARDS, the CONSULTANT agrees to file the records, including CONSULTANT'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The CONSULTANT further agrees to update information with the Register of 8 Copyrights so as to permit notification of intent to remove the PLACARDS. 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the PLACARDS. Article 7. CONSULTANT as Independent Contractor. The CONSULTANT shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The CONSULTANT shall not be supervised by any employee or official of the OWNER, nor shall the CONSULTANT exercise supervision over any employee or official of the OWNER. Article 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the CONSULTANT. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontracting by CONSULTANT The CONSULTANT may subcontract portions of the services to be provided hereunder at the CONSULTANT'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the CONSULTANT. The CONSULTANT must obtain written approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER'S REPRESENTATIVE. Article 9. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the CONSULTANT for all services performed by the CONSULTANT prior to termination. In the event of default by the CONSULTANT, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the CONSULTANT under this agreement shall at the OWNER'S option become its property, provided that no right to fabricate or execute the PLACARDS shall pass to the OWNER and the OWNER shall compensate the CONSULTANT pursuant to Article 2 for all services performed by the CONSULTANT prior to termination; or the CONSULTANT shall refund all amounts paid by the OWNER in exchange for all finished and unfinished related PLACARDSs. Notwithstanding the previous sentence, the CONSULTANT shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the CONSULTANT, and the OWNER may reasonably withhold payments to the CONSULTANT until such time as the exact amount of such damages due the OWNER from the CONSULTANT is determined. w.__..__.~_~__~__.___~___.~.._________.____.___.._.."------.-.----.-----..--.-~-....-.------.--"-~- ".-'.--.---.~-,--.-.. ----.-.-~..-.--..------. 9 Article 10. Compliance The CONSULTANT shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the CONSULTANT'S services under this agreement. Article 11. General Terms 11.1. The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of CONSULTANT by OWNER 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 subject to the terms of Section 8.2 of the Agreement. 11.3 It is agreed by the OWNER that all records and files pertaining to information needed by the CONSULTANT for the project shall be available by said City upon reasonable request of the CONSULTANT. The OWNER agrees to furnish all reasonable assistance in the use of these records and files. 11.4 At the request of OWNER, the CONSULTANT shall attend such meetings of the City Council relative to the work set forth in this Agreement as deemed necessary by OWNER. Any requests made by the OWNER shall be given with reasonable notice to CONSULTANT to assure attendance and shall coincide with trips to Iowa City already planned by the CONSULTANT pursuant to Sections 1.2 and 1..3. 11.5 Should any section of this Agreement be found invalid, it is agr~ed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 11.6 Upon signing this agreement, CONSULTANT acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an. interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. . 10 Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. e:INER -)~ Mayor ATTEST: fh~."-,, of(. k~ ity Clerk Approved by City Attorney's Office Bronze Mold Making Chasing Labor Transportation Miscasts Estimated Cost of Proposal Submitted by John Coyne 1127 E. Davenport St. Iowa City, IA 52245 (319) 339-1742 Each of the eight circular plaques will weigh approximately 45 Ibs. including cups and gating systems. Each one of the 24 smaller, rectangular plaques will weigh approximately 25 Ibs. The total weight of bronze is estimated at 960 Ibs. The current price of foundry grade silicon bronze is $5.50 per pound. Total price = $5,280 Materials for mold making including sand, resin, catalyst, core wash, flasks, oil clay and wax = $3,000 Materials for finishing and chasing includes abrasives, cut-off wheels, chemicals for patination of the fmal product includes chemicals, abrasives, cut-off wheels, and propane = $2,000 The projected time for each piece is 26 hours, which includes modeling, mold making, casting and chasing. At $25 an hour, for 32 castings, which will take approximately 832 hours = $20,800 The cost of transporting molds to the Davenport foundry will include trips and rental equipment. Cost = $500 An optimistic prediction of a 2 % to 5 % error for miscasts and welding as a result of defects comes to approximately $900 Total bid amount = $32,480 /('7 CITY OF IOWA CITY LOWER WEST BRANCH ROAD PLACARDS PROJECT AGREEMENT BY AND BETWEEN OWNER AND CONSULTANT THIS AG~EMENT is made on this 23rd day of January, 2007, by and between the City of Iowa City, herein~ter referred to as the OWNER, and John R. coyne,. hereinafter referred to as the CONSULTA T. The OWNER'S REPRESENTATIVE shall be the City Engineer or his/her designee. \ / WHEREAS, the 0 NER, has accepted the proposal for th Lower West Branch Road Placards Project herein aft referred to as the PLACARDS. copy of said proposal as accepted is attached hereto a Exhibit "A" (hereinafter "Proposal" . 1.1 General of the mu al promises and undertakings NOW, THEREFORE, in contained herein, the parties agree Article 1. Scope of Services a. The CONSULTANT shall perform all e ices and furnish all supplies, materials and equipment as necessary for the design, executio fabrication, transportation and installation of the PLACARDS at the site. ;' b. The CONSULTANT shall at all ~ages 0 execution, fabrication and installation coordinate his work with the OWNER'S REPI1'ESENTATI . J ./ 1.2 Design J / a. The CONSULTANT shall!urnish the OWNER'S EPRESENTATIVE conceptual design sketches and material samples r~presenting samples of th completed PLACARDS. ,I , b. OWNER'S REPRESEr)lTATIVE shall provide feedbac on the conceptual design sketches and material for consideratfbn prior to approving the fabricatiOn of PLACARDS. } 1.3 Coordination with Engineer ! , a. The CONSULTAJr shall furnish the OWNER'S REPRESENTATIVE a faux mockup of the completed pLAtARDS. The faux mockup shall be fabricated (disposable) replicas of the exact length, fwidth, and thickness of the completed PLACARDS. The CONSULTANT shall also fuinish the OWNER'S REPRESENTATIVE dimensions of the completed PLACARDS measuted to the nearest 1/8" b. The CONSULTANt shaJvfu:nish the OWNER'S REPRESENTATIVE adequate lineal dimensions of completed P~RDS, measured to the nearest 1/8", relative to the specific location of PLACARDS on each culvert headwall. Dimensions will be used by OWNER'S REPRESENTATIVE to complete final construction plans for the culvert headwall, in which PLACARDS will later become incorporated. 2 1.4 Fabrication a. Schedule Deadlines January 24. 2007 - CONSULTANT shall furnish final dimensions and locations of PLACARDS as stated in 1.3 (a) and 1.3 (b) April 1. 2007 - CONSULTANT shall furnish faux mockup of the PLACARDS. Jur\e 1. 2007 - CONSULTANT shall complete fabrication and have available com'pJeted PLACARDS for installation. / \ \\ b. The OWNER sHilll have the right to review the P CARDS at reasonable times during the fabrication theteof. The CONSULTANT $ II submit to the OWNER'S REPRESENTATIVE progress\;eports in accordance with th schedule provided for in Section 1.4 (a). . c. The CONSULTANT shaihcomplete the fabricaf n and preparedness for installation of the PLACARDS in substantial confo\mity with the appr ve Proposal and schedule required in section 1.4 (a). . . \, \ d. The CONSULTANT shall pre ent to th OWNER in writing for further review and approval any significant changes in s ope, sig~, color, size, material or texture of PLACARDS not permitted by or not in suI) tanti I cohformity with the Proposal. A significant change is any change in the scope, desig olor/ size, material, texture or location of the PLACARDS , any change which affects. installation, scheduling, site preparation or maintenance for the PLACARDS or any e'h ge to the concept of the PLACARDS as represented in the Proposal. ! \ \ \ 1.5 Delivery and Installation \ a. The OWNER'S REPRESENTATIVE agrees~notifY the CONSULTANT no fewer than thirty (30) days prior to requiring .the PLACARDS livery and installation. Particulars of delivery time, location shall be coordinated betwee CONSULTANT and OWNER'S REPRESENTATIVE b. The CONSUL TANTshall be responsible \^r providing the OWNER'S REPRESENTATIVE with the faux mockup of the PLACARDS ~ later than April 1, 2007. The faux mockup of the PLACARDS will be used by the City's Contractor to provide a "stand-in" for the PLACARDS until completion ofthe culvert headwall construction. c. The CONSULTANT shall deliver and consult with the OWNER'S REPRESENTATIVE on the installation of the completed PLACARDS at the site in compliance with the schedule approved pursuant to Sectionjl.4 (a). d. The CONSULTANT shall deliver, following the delivery and installation of PLACARDS, to OWNER all f~brication molds used to reproduce completed PLACARDS. , , .' e. The CONSUL TANt..s/:iaIl/be responsible for Coordination with the City's Contractor prior to Installation of the completed PLACARDS at such time that the City Contractor provides notification that the culvert headwalls are made ready for insertion of the PLACARDS. ."__.~.._~_.___." ____ _____m.___.. __ ______.,___.______.__.~_.._,____._. 3 f. The CONSULTANT shall be responsible for all expenses, labor and equipment to prepare the site for the installation of the PLACARDS. Site preparation prior to installing PLACARDS may include but is not limited to grinding or cleaning of the surface that may be required to adhere PLACARDS permanently to culvert headwall. Accurate representation of dimensioning and thickness of the faux mfoPS.as compared to the PLACARDS is critical to ensuring proper fit and conformity of the P CARDS with the culvert headwall work completed by the City Contractor. 1.6 Post Installation \ \ a. The CONSULTANT shall be n~tified of any dates and times for presentation ceremonies relating to the PLACARDS. ' \, b. Upon installation of the PLACARDS, the CONSU TANT shall provide to the OWNER'S REPRESENTATIVE written instructions for a ropriate maintenance and preservation of the PLACARDS. 1.7 Final Acceptance \ a. The CONSULTANT shall advise the OWNER'S ~PRESENTATIVE in writing when all services in Sections 1.1 through 1.6 (b) have b en cOr11Pleted in substantial conformity with the Proposal. This date of final acceptance shall e dep,endant on the date for completion of the culvert headwall as provided by the City Contrac r. / 1.8 Liability, Indemnification and Insurance a. The CONSULTANT aQrees to indemnify, defend and holGj OWNER and its officers, employees, and agents harmle.ss from any and all loss, cost, damage and expense (including reasonable attorney's fees ami court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from CONSULTANT'S operations, duties or responsibilities under this agreement, whether such be by CONSULTANT himself or by any subcontractor or by anyone directly or indirectly employed by the CONSULTANT. 4 b. Upon final acceptance of the PLACARDS, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the CONSULTANT against any and all claims or liabilities thereafter made in connection with the PLACARDS, the site, the project or this agreement, exceptclaims by the OWNER against the CONSULTANT and claims which may occur as a re.wtr'of the CONSULTANT'S breach of the warranties provided in Article 4. c. The CONSULTANT and all employe of the CONSULTANT s all each effect and maintain insurance to protect the CONSULT NT from claims under w rkers compensation acts; claims for damages because of bodily inj ry including personal injur}l, sickness or disease, or death of any of the CONSULTANT'S employees or of any p rson other than the CONSULTANT'S employees; and from c1ai for damages because 0 injury to or destruction of tangible property; including loss of use re Iting therefrom; and fro claims arising out of the CONSULTANT'S performance of professi nal services caused errors, omissions, or negligent acts for which the CONSULTANT i legally liable. 1.9 Title Title of the PLACARDS shall pass to the completed PLACARDS 2.1 Fixed Fee / // Article 2. Compensation and Payment Schedul The OWNER shall pay the CONSULTANT a fe notto exceed Thirty Two Thousand Four Hundred and Eighty Dollars ($32,480) which sha I constitute full compensation for all fees, services, expenses, and materials to be performed, nd furnished by the CONSULTANT under this agreement. Expenses shall include all travel a,nd odging required for the CONSULTANT to fulfill his obligations under this contract. The fee sh II be paid in the following installments, expressed as percentages of such fixed fee, each ins IIment to represent full and final, non refundable payment for all services and materials provid prior to the due date thereof: a. Thirty percent (30%), or $9744, within thirty (30) days after execution of this agreement. b. Fifty percent (50%), or $16240, within thirty (3 days of the determination of OWNER'S REPRESENTATIVE that the PLACA S fabrication is completed. CONSULTANT shall provipe documentation to OW R'S REPRESENTATIVE to demonstrate such progre~s. In no event shall the se ond payment be made less than thirty (30) days after/authorization of the first payme t. c. Twenty percent (20%) ,.or $6496, within thirty (30) days aft final acceptance of the completed PLACARDS project. If the CONSULTANT elects utilize the OWNER'S services and materiafs during installation, other than those s cifically cited herein as the responsibility of the OWNER, those fees shall be de cted from the final payment due the qoNSUL TANT. /. 5 2.2 CONSULTANT'S Expenses The CONSULTANT shall be responsible for the payment of all expenses necessary for the proper performance of the services required under this agreement, including but not limited to mailing or shipping charges on submissions to the OWNER'S RE;PRESENTATIVE, the cost of any and all engineering evaluations as required by the OWNER, trat;1sporting the PLACARDS to the site and the costs of all travel and lodging by the CONSULTANT and the CONSUL rANT'S agents and employees. Article 3. Time of Performance 3.1 Duration The services to be required of the CO SUL T ANT as set forth in Article 1 shall be completed in accordance with the schedule for ompletion of the PLACARDS as proposed by the CONSULTANT and approved by the WNER'S REPRESENTATIVE pursuant to Section 1.4 (a), and 1.5 (a) and 1.5 (b), provided that such time limits may be extended or otherwise modified by written agreement be een the CONSULTANT and the OWNER'S REPRESENTATIVE. 3.2 Construction Delays , \ \. \ If, when the CONSULTANT completes f~rication or procurement of the PLACARDS in accordance with the approved schedule and ~otifjes the OWNER that the PLACARDS is ready for installation, the CONSULTANT is delaye from installing the PLACARDS within the time specified in the schedule because OWNER has not prepared the site for installation as specified in Section 1.3(d) hereof, as a result 0 the improvements not being completed on the site to permit installation of the PLACARDS, th OWNER shall provide storage for the period between the time provided in the schedule for co mencement of installation and the date upon which the site is sufficiently complete to reasonabl permit installation of the PLACARDS. 3.3 Early Completion of CONSULTANT Services The CONSULTANT shall bear any transportation and storage costs resulting from the completion of the CONSULTANT'S services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATNE shall grant areas nable extension of time to the CONSULTANT in the event that there is a delay on the part 0 the CONSULTANT in performing its obligations under this Agreement due to conditions beyon the CONSULTANT'S control or Acts of God which render timelY performance of the CONSUL ANT'S services impossible or unforeseeably burdensome. Likewise the CONSULTANT shall g ant a reasonable extension of time to the OWNER in the event that there is a delay on the part f the OWNER in performing its obligations under this Agreement due to conditions beyond the WNER'S control or Acts of God which render timely performance of the OWNER'S services i ossible or unforeseeably burdensome. Failure to fulfUI contractual obligations due to conditio s beyond either party's reasonable control will not be considered a breach of contract; provid that such obligations shall be suspended only for the duration of such condition. 6 Article 4. Warranties 4.1 Warranties of Title The CONSULTANT represents and warrants that: (a) the PLACARDS are solely the result of the effort of the CONSULTANT; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the PLACARDS are unique and original and do not infringe upon any copyright; (c) that the PLACARDS, or a duplica ereof, have not been accepted for sale elsewhere; and (d) the PLACARDS are free a clear of any liens from\any source whatever. The CONSULTANT represents and w rrants that: (a) the executi n and fabrication of the PLACARDS will be performed in a work anlike manner; (b) the P CARDS, as fabricated and installed, will be free of defects in mate al and workmanship, incl ding any defects consisting of inherent qualities which cause or celerate deterioration f the PLACARDS; and (c) maintenance recommendations submi ted by the CONS TANT to the OWNER'S REPRESENTATIVE hereunder, if followe will achieve their int ded result. 4.2 Warranties of Quality and Condition The warranties described in this Section 4. shall survive for a eriod of five years after the final acceptance of the PLACARDS. The OWN R shall give no Ice to the CONSULTANT of any observed breach with reasonable promptnes . The CONS TANT shall, at the request of the OWNER, and at no cost to the OWNER, cure easonably nd promptly the breach of any such warranty in a manner that is consistent with pr essional onservation standards (including, for example, cure by means of repair or refabricatio of the LACARDS). 5.1 General / Article 5. Reproduction Rights To the extent not limited by this Section 5.1, the CO SULTANT retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq;, and all ther rights in and to the PLACARDS except ownership and possession. In view of the inten 'on that the PLACARDS in its final dimension shall be unique, the CONSULlANT shall t make any additional duplicate reproductions of the final PLACARDS, nor shall the CONS TANT grant permission to others to do so except with the written permission of the OWNER. he CONSULTANT grants to the OWNER and its assigns a royalty-free, i.rrevocable license to ake two or three dimensional reproductions of the PLACARDS for educational and/or non-c mmercial purposes, including but not limited to reproductions used. in advertising, calendar posters, brochures, media, publicity, catalogues, museum, edutational and development projects, or other similar publications, provided that these right,S are exercised in a profession I manner. 5.2 Notice \ \ . . All reproductions by the OWNER' shall contain a credit to the CONSULtANT and a copyright notice substantially in the followi~g form: - [CONSULTANT'S NAME], date of publication. ;' ; I I \. 7 5.3 Credit to Owner The CONSULTANT shall use best efforts to give a credit reading substantially, "an original PLACARDS owned and commissioned by the City of Iowa City, Iowa" in any public showing under the CONSULTANT'S control or reproductions of th~RDS. / ". 5.4 Registration // I The CONSULTANT may cause to be register ,with the United a copyright of the PLACARDS in the CONSU ANT'S name. i I tates Register of Copyrights, 6.1 Identification Article 6. CONSULTANT'S Rights The CONSULTANT may at its expense, repare and ins II on or near the PLACARDS, at a location approved by the OWNER, a pia ue identifyin the CONSULTANT, the title of the PLACARDS, and the year of completion; and shall r sonably maintain such notice to the extent as may be practicable. 6.2 Maintenance 6.3 Alteration of the Work or of the Site a. Except as provided under sub~ection 3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify! or chang the PLACARDS without the prior written approval of the CONSULTANT. b. The OWNER reserves the/right to alter th location of the PLACARDS; relocate the PLACARDS to another site; and remove the PLACA DS from public display. The following provisions shall apply to relocation c;lr removal: the LACARDS on a regular basis is essential to hall take reasonable steps to assure that the ed, taking into account the instructions of the tion 1.6 (b). The OWNER recognizes that maintenance 0 the integrity of the PLACARDS. The OWN PLACARDS is properly maintained and prot CONSULTANT provided in accordance with S (i) While the OWNER shall attempt to re ove PLACARDS in such a way as to not affect the PLACARDS, it is," the parties' understand g that such removal may result in damage, alteration, modificatiori, destruction, distortion 0 other change of the PLACARDS. The CONSULTANT acknowledses that this provision shall q alify under 17 U.S. C. Section 113 (d) so as to waive rights under!17 U.S.C. Section 106A. \ (ii) If, at the ,{ime of removal, it is determined\~hat the PLACARDS may be removed without damage, lalteration, modification, destruction,\ distortion or other change, OWNER shall give noticet" required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the PLACARDS, the C NSUL T ANT agrees to file the records, including CONSULTANT'S identity and address, with t e Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The CONSULTANT further agrees to update information with the Register of 8 Copyrights so as to permit notification of intent to remove the PLACARDS. 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the PLACARDS. Article 7. CONSULTANT as Independent Contractor. / The CONSULTANT shall perform all work u er this Agreement a an independent contractor and not as an agent or an employee the OWNER. The ONSUL TANT shall not be supervised by any employee or official of the OWNER, nor shal the CONSULTANT exercise supervision over any employee or official f the OWNER. 8.1 Neither this Agreement nor any inter st herein shall be t ansferred by the CONSULTANT. Any such transfer shall be null and void a d shall be cause t annul this Agreement. Article 8. Assignments, Transfer, Subcon racting 8.2 Subcontracting by CONSULTANT The CONSULTANT may subcontract port ns of the s ices to be provided hereunder at the CONSULTANT'S expense provided that aid subco racting shall not negatively affect the design, appearance, or visual quality of he Prop al and shall be carried out under the personal supervision of the CONSULTANT The C NSUL T ANT must obtain written approval from the OWNER'S REPRESENTATIVE P 'or to j1iring any subcontractor. If the OWNER'S REPRESENTATIVE does not approve the h ring/of any subcontractor, another subcontractor must be submitted for approval by the OWNE '&!REPRESENTATIVE. / / If either party to this agreement shall willfulfy 0 negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the cdvena s, agreements or stipulations material to this agreement, the other party shall thereupo~ have t e right to terminate this agreement by giving written notice to the defaulting party l;lf its inte t to terminate specifying the grounds for termination. The defaulting party shall have thirty (3 days after receipt of the notice to cure the default. If it is not cured, then this alieement shal terminate. In the event of default by the OWNER, the OWNER shall prorl)i'tly compensa the CONSULTANT for all services performed by the CONSULTANT (prior to termin ion. In the event of default by the CONSULTANT, all finished and urlinished drawings, ketches, photographs, and other work products prepared and submitted rjr prepared for submi sion by the CONSULTANT under this agreement shall at the OWNER'S/option become its prop rty, provided that no right to fabricate or execute the PLACARDS shalVpass to the OWNER an the OWNER shall compensate the CONSULTANT pursuant to Arti Ie 2 for all services perfor ed by the CONSULTANT prior to termination; or the CONSULT T shall refund all amounts~id by the OWNER in exchange for all finished and unfinished lated PLACARDSs. Notwithst ding the previous sentence, the CONSULTANT shall not be r Iieved of liability to the OWNE for damages sustained by the OWNER by virtue of any br ach of this Agreement by the COl\JSUL TANT, and the OWNER may reasonably withhold pa ments to the CONSULTANT until sLich time as the exact amount of such damages due the 0 NER from the CONSULTANT is determined. Article 9. Termination 9 Article 10. Compliance The CONSULTANT shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the CONSULTANT'S services under this agreement. Article 11. General Terms 11.1. 11.1.1 11.1.2 11.2 11.3 11.4 11.5 11.6 The CONSULTANT shall not commit a of the following employment practices and agrees to prohibit the following practic in any subcontracts. i / To discharge or refuse to hire any in ividual because of their race/color, religion, sex, national origin, disability, age, marita status, gender identity, or jUal orientation. To discriminate against any individu in terms, conditions, or pplvileges of employment because of their race, color, religion, sex, national origin, disalllility, age, marital status, gender identity, or sexual orientation. / / It is understood and agreed that the retention of CONS L T ANT by OWNER for the purpose of the Project shall be as a independent co ractor and shall be exclusive, but the CONSULTANT shall have t e right to emp y such assistance as may be required for the performance of the P oject subject the terms of Section 8.2 of the Agreement. It is agreed by the OWNER that all re rds anrl"t;es pertaining to information needed by the CONSULTANT for the project s all be~~~i1able by said City upon reasonable request of the CONSULTANT. The OW)IIER agrees to furnish all reasonable assistance in the use of these records a d Mes. I At the request of OWNER, the CONSUL ANT shall attend such meetings of the City Council relative to the work set forth /n this Agreement as deemed necessary by OWNER. Any requests made by the 9'W ER shall be given with reasonable notice to CONSULTANT to assure attendancEo/'and hall coincide with trips to Iowa City already planned by the CONSULTANT pur~lJant to ections 1.2 and 1.3. Should any section of this Agree~ent be fo d invalid, it is agreed that the remaining portion shall be deemed severa!lle from the 'nvalid portion and continue in full force and effect. Upon signing this agreement: CONSULTANT a knowledges that Section 362.5 of the Iowa Code prohibits a City ,officer or employee rom having an interest in a contract with the City, and certifies that no employee o~fficer of the City, which includes members of the City Council and City boards and om missions, has an interest either direct or indirect, in this agreement, that does no fall within the exceptions to said statutory provision enumerated in Section 362.5. \ \ \\ L--- 10 Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. ,---,- .~ Article 13. Modification i , / No alteration, change, or modification of the t rms of the Agreement shall;be valid unless made in writing and signed by both parties hereto d approved by appropriate/action of the OWNER. I , I I / / ,,OWNER CONSULTANT Mayor John R. Coyne APpr~ City Attorney,sP \ \ A~TEST: \ , \ '. C / (/r,f,? \ , \ \ \ City Clerk \ . Bronze Mold Making Chasing Labor Transportation Miscasts Estimated Cost of Proposal Submitted by John Coyne 1127 E. Davenport St. Iowa City, IA 52245 (319) 339-1742 Each of the ight circular plaques ~ll weigh approximately 45 Ibs. including ps and gating systems! Each one of the 24 smaller, rectangul plaques will weigh approximately 25 Ibs. The total weight ofrronze is estimated at 960 Ibs. The current price of foundry gpde silicon bronze is $5.50 per pound. Total pric~ = $5,280 \ i Materials for mold making including sand, resin, catalyst, core wash, flasis, oil clay and wax = $3,000 , \ I Materials fOf finishing and chasing includes abrasives, cut-off wheels, chet\1icals for patination of the final product includes chemicals, a~rasives, cut-off wheels, and propane = $2,000 \ , \ \ , The projected time for each piece is 26 hours, which includes modeling, molcl,making, casting and chasing. At $25 an hour, for 32 castings, which will take approximately 832 hours = $20,800 \ The cost oftransporqng molds to the Davenport foundry will include trips and rentM equipment. Cost = $500 An optimistic prediction of a 2 % to 5 % error for miscasts and welding as a result of defects comes to approximately $900 Total bid amount = $32,480 ~ z FILED Michael A. Mauro Secretary of State State of Iowa 28E Agreement M500007 1/29/2007 8:58:45 AM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type 'County Party 1 Iowa City City Johnson Party 2 Johnson County County Johnson Party 3 Party 4 Party 5 *Enter ~Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 350 (Enter only one Service Code and Description) Code Number Street and Road Systems Service Description Item 3. The purpose of this agreement is: (please be specific) For Johnson County to grant tormal permission to Iowa City to make improvements on its portion ot right-ot-way within the Lower West Branch Road - Scott Boulevard to Taft Avenue Improvements Project at no cost to the County Item 4. The duration of this agreement is: (check one) 0 Agreement Expires IlII ndefinite Duration [mmJdd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) IZI NO D YES Filing # of the agreement: (Use the tiling number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state ia us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Pedersen FIRST Name Annie Title Administrative Secretary Email annie-pedersen@liowa-citv.orQ Department City Attornev's Office Phone (319) 356-5030 N\.\-~ ~ I..J.U Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240 3191356-5030 RESOLUTION NO. 07-30 RESOLUTION AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY REGARDING IMPROVEMENTS TO A PORTION OF LOWER WEST BRANCH ROAD WHEREAS, both the City of Iowa City ("the City") and Johnson County ("the County") are public agencies as defined by Section 28E.2 of the Code of Iowa (2005); and WHEREAS, the City and the County recognize that the portion of Lower West Branch Road located in Section 7-79-5 of Johnson County, Iowa presently sits in part on County right-of-way, and in part on City right-of-way; and WHEREAS, Lower West Branch Road is within the growth boundary of the City, and serves as a collector street within the City's street system; and WHEREAS, the City wishes to improve the roadway from its present rural standard chip seal surface to urban standard concrete paving, and possibly the sidewalk on the South side; and WHEREAS, the County has no objections to said improvements; and WHEREAS, the City and the County wish to enter into an agreement whereby the County formally grants the City permission to make said improvements to Lower West Branch Road, at no expense to the County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOllOWS: 1. The 28E agreement with Johnson County is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa, and the Mayor and City Clerk are hereby authorized to execute said attached 28E Agreement with Johnson County. 2. The City Attorney's Office and the Johnson County Attorney's Office are hereby authorized to file said agreement with the Secretary of State and the Johnson County Recorder's Office per the requirements of Chapter 28E.8, Code of Iowa (2005). p~and approved th~ day of Tannarv ..' ,20m. ~~~ ..ATTEST: hlnv~..-Ij,(. MAYOR CITY'ctERK Approved by L II~ - I/J-~ ? City Attorney's Office Resolution No. 07-30 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Bailey the Resolution be AYES: NAYS: ABSENT: x Bailey x Champion y . Correia x Elliott x O'Donnell x Vanderhoef y Wilburn ---,--~~_._--"- -_._"-_._~.-_._~-_.._----"--------'--"--_........_._.-.-'. -----------_.~------~-~---~_.,-'_. Drafted by Eric R. Goers, Assistant City Attorney, 410 E. Wasbington, !owaCity, Iowa 52240, 319.356.5030 28E Project Agreement between Johnson County, Iowa and the City ofIowa City, Iowa for Improvements to a Portion of Lower West Branch Road WHEREAS, both the City of Iowa City ("the City") and Johnson County ("the County") are public agencies as defined by Section 28E.2 of the Code ofIowa (2005); and WHEREAS, the City and the County recognize that the portion of Lower West Branch Road located in Section 7-79-5 of Johnson County, Iowa presently sits in part on County right-of-way, and in part on City right-of-way; and WHEREAS, Lower West Branch Road is within the growth boundary of the City, and serves as a collector street within the City's street system; and WHEREAS, The City wishes to improve the roadway from its present rural standard chip seal surface to urban standard concrete paving, and possibly with sidewalk on the South side; and WHEREAS, The County has no objection to said improvements; and WHEREAS, the City and the County wish to enter into an agreement whereby the County formally grants the City permission to make said improvement to Lower West Branch Road, at no expense to the County; IT IS NOW AGREED that the City and the County enter into an agreement pursuant to Chapter 28E of the Code of Iowa (2005) providing for cooperative action pursuant to the proposed construction project and said cooperative actions include the following: I. PURPOSE AND PROJECT SCOPE: The purpose of this Agreement is for the County to grant formal permission to the City to improve those portions of Lower West Branch Road lying on County right-of-way from Scott Boulevard to approximately 200 feet east of Taft A venue and Taft Avenue approximately 200 feet North and South of Lower West Branch Road. The improvements shall consist of installations associated with urban design standards. These installations may include but are not limited to pcc paving, storm sewer and water main improvements, and sidewalk. 2. CONSIDERATION: The mutual consideration herein is undertaking the improvements to Lower West Branch Road. The project costs, in their entirety, will be borne by the City. The County will pay nothing toward the costs of these improvements. No separate legal entity is created by this Agreement. The Johnson County Board of Supervisors shall administer the County's duties and responsibilities herein. The City Council ofIowa City shall administer the City's duties and responsibilities herein. 3. RESPONSIBILITY FOR WORK: The City shall be responsible for obtaining any and all additional easements needed for the improvement project. The City shall have sole and exclusive responsibility for the construction work. 4. MAINTENANCE: Maintenance of the subject portion of Lower West Branch Road and Taft A venue, once the improvements are completed, shall continue to be dealt with as set out in the Road Maintenance Agreement previously entered into by the City and the County and as hereinafter amended. Sidewalk installed within the scope of this project in the County, ifany, will be cleared and maintained by the City. 5. FINANCING: The City shall bear all costs associated with this construction project. 6. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the Johnson County Board of Supervisors and the City Council of Iowa City, and filed with the Secretary of State and the Johnson County Recorder as provided in Chapter 28E.8 ofthe Code ofIowa (2005). 7. DURATION: This agreement shall continue in force until final acceptance of the work by the City. Thereafter, the City shall continue to clear and maintain sidewalk, if any, installed within the scope of this project in the County until such time it is annexed into the City. 8. NO THIRD.PARTY BENEFICIARIES: Nothing herein is intended to alter the City's and/or County's ultimate responsibility for their own right-of-way, including liability for or immunity from third- party claims. Nor is this 28E Agreement intended to create any third-party benefits. 9. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the agreement shall be in accordance with Chapter 28E of the Code ofIowa (2005) and statutes respecting the rights and responsibilities of the political subdivisions. 10. DISPUTE RESOLUTION: Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to the City Manager of the City of Iowa City, as representative for the City, and to the Johnson County Engineer, as representative for the County, who will both make a good faith effort to resolve the dispute. Enas\ttea ifl a411cM~ eaeh sf "'Risk Baall eeHsti1:ute Em 8ri~inal 31'1 thb ,29_ du.J vf JOHNSON COUNTY This agreement was approve by official action of the Johnson County Bl,lard of Supervisors in official session on the ~"t-\-l\. day of , 20~. A~dI'~~~ ounty Auditor/Desi1!;II'~ ~-~~~ Mike Lehman, Chairperson J son County Board of Supervisors ,.~~ 2 CITY OF IOWA CITY This agreement was approved by official action of the City Council of Iowa City in official session on the ~day of Tanllary ,2007. (}~I- U~ Ross Wilburn, Mayor City ofIowa City ATTEST:dJlCU-ed-.J k'. ckcuJ City lerkIDesignee 3