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HomeMy WebLinkAbout2007-11-05 Resolution M~ I 4c(8) 11 -U:l-U ( Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-111 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: Kandy Land - 928 Maiden Lane Summit Restaurant & Bar - 10 S. Clinton Street Que - 211 Iowa Avenue Passed and approved this 5th day of ~ ,20 07 ( LJ ~~ MAYOR ATTEST: ~~ *,. ~ CIT CLERK Approved by ~ ~ \, ~-O\., City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Correia the ABSENT: _ Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn AYES: x ---X- ~ x ----X- x --.X.- NAYS: ~j v ~ Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 07-314 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2008 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be held in Harvat Hall, City Hall, 410 E. Washington Street, at 7:00 p.m., November 27, 2007, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2008 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 'ith day of November ,20.QL. ATTEST ~ K. :k"~ CITY ERK c2 uj1~ MAYOR - Approved by ~ (c;j.~'( City Attorney's Office It was moved by Bailey and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x x x finadmlresloperbdg08. doc 1\',1;1 D:C Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 07-11') RESOLUTION SETTING A PUBLIC HEARING FOR NOVEMBER 27,2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, & ESTIMATE OF COST FOR THE CONSTRUCTION OF TWO DUPLEX HOMES LOCATED ON LOTS 13 & 16, LONGFELLOW MANOR SUBDIVISION, UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE DIRECTOR OF HOUSING AND INSPECTION SERVICES TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Be it resolved by the City of Iowa City, Iowa, that a public hearing on the plans, specifications, form of contract, and estimate of cost for construction of the above project is to be held on the 2ih day of November at 7:00 p.m. in the Council Chambers, Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four nor more than 20 days before said hearing. 3. A copy of the plans, specifications, form of contract, and estimate of cost for construction of the above-named project is hereby ordered placed on file by the Director of Housing and Inspection Services in the Office of the City Clerk for public inspection. Passed and approved this 5th dayo! G?: u L MA OR ATTEST: ~~ ,yo ~~ CITY ERK Approved by ~~IO'~('€I) City Attorney's Office wpdata/hisadm/res/adhop10-26.doc Resolution No. Page 2 07-]15 It was moved by Bailey and seconded by Correia adopted, and upon roll call there were: the Resolution be AYES: x x x x x x x NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Nd,,\ i Prepared by: Liz Osborne, CD Division, 410 E. Washington 81., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-11 fi 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 2220 HOLLYWOOD BOULEVARD, IOWA CITY, IOWA. WHEREAS, on October 24, 1997, the owners executed a Mortgage to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, the City of Iowa City should 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 2220 Hollywood Boulevard, from a Mortgage, recorded November 14, 1997, Book 2371, Page 93 through Page 97 of the Johnson County Recorder's Office. Passed and approved this 5th day of November , 20.-Ul-. ~(.J~ ATTEST: ~ ~ ~ CI LERK ~,pro~d by ~ (O-f\'<4- City Attorney's Office It was moved by Bailey and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x X X X Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington SI., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): June G. Cook Martin and Carl Martin Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the following property located at 2220 Hollywood Boulevard, Iowa City, Iowa, and legally described as follows: Lot 7, Block 3, Fair Meadows Addition, Second Unit, Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owners, June G. Cook Martin and Carl Martin, to the City of Iowa City represented by a Mortgage, recorded November 14, 1997, Book 2371, Page 93 through Page 97 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. G-t J.~ ATTEST: 7Jt~~ iI. <<~ CITY'CLERK Approved by ~~~~ (b-( r-C-r City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this S day of Alcvs:M.81!..1t , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.ti1::.3L~dopted by the City Council on the -S.- day tVolJf:JIlS~/f!., 20 c> 7 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. ~N ~ SONDRAE FORT f 1- Commission Number 159791 . . My Commission ires ow 0 ~M Notary Public in and for Johnson County, Iowa tA-l8 r;c Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-117 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING THREE MORTGAGES FOR THE PROPERTY LOCATED AT 807 3rd AVENUE, IOWA CITY, IOWA. WHEREAS, on June 3, 2003, the owner executed a Mortgage to secure a loan; and WHEREAS, on August 5, 2003, the owner executed a Mortgage; and WHEREAS, on February 2, 2004, the owner executed a Mortgage; and WHEREAS, the loans have been paid off; and WHEREAS, the City of Iowa City should release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 807 3rd Avenue, from three Mortgages, recorded June 17, 2003, Book 3563, Page 936 through Page 940; and recorded August 22, 2003, Book 3622, Page 779 through Page 783; and recorded February 3, 2004, Book 3692, Page 725 through Page 729 of the Johnson County Recorder's Office. Passed and approved this 5th day of November , 20~. (;2J j iLl- MAYOR ATTEST: ~ ,f. ~ CI . LERK Approved by ~~ (O-f) -04- City Attorney's Office It was moved by R::1i 1 flY and seconded by Correia Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X x x X x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Gregory A. Leanhart Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following property located at 807 3rd Avenue, Iowa City, Iowa, and legally described as follows: The south 35 feet of Lot 1, and the north 10 feet of Lot 2, in Block 25, in East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa. from an obligation of the owners, Gregory A. Leanhart, to the City of Iowa City represented by three Mortgages, recorded June 17, 2003, Book 3563, Page 936 through Page 940; and recorded August 22, 2003, Book 3622, Page 779 through Page 783; and recorded February 3, 2004, Book 3692, Page 725 through Page 729 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. Q~-4. J~ MAYOR ATTEST: ~~. ~a.-vt./ CITY CLERK Approved by ~~ (o-I\-q City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 5 day of ~aM.6l!:.fZ , A.D. 20..!2L, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of th~ corporation by authority of its City Council, as contained in Resolution No.'~ adopted by the City Council on the ~ day t1l O\J}AAIlllJlIt.., 20 c), 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~ SONDRAEFORT ~~ Commission Number 159791 . ': My Commission Expires lOW ~ ., ~e> s~p~ Notary Public in and for Johnson County, Iowa 1~\iJ ~ Prepared by: Sara F. Greenwood, Ass1. City Attorney, 410 E. Washington S1., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-318 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT "A" OF LOT 77, WALDEN WOOD PART 6, IOWA CITY, JOHNSON COUNTY, IOWA, A 6,507 SQUARE FOOT PARCEL WITHIN THE RESUBDIVISION OF LOT 77, WALDEN WOOD PART 6, AS PUBLIC OPEN SPACE. WHEREAS, in connection with the resubdivision of Lot 77, Walden Wood Part 6, it was agreed that the owner and subdivider, Southgate Development Company, Inc., would dedicate Outlot A, a 6,507 square foot parceliying within said lot to the City; and WHEREAS, the owner and subdivider is now willing to dedicate said parcel, to the City; and WHEREAS, said parcel to be dedicated is described as Outlot A in the Subdivision of Lot 77, Walden Wood Part 6, Iowa City, Iowa, and has been made the subject of a Final Plat which is attached hereto; and WHEREAS, City Code provides that the City formally accept the dedication of land for open space by resolution; and WHEREAS, the Parks & Recreation Department has inspected the property and determined it is suitable for dedication at this time, and the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above-referenced parcel of property for public open space, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication. Passe-d and approved this 5th day of ~ ,2007. uJk- MAYOR ATTEST A~ r zJ!~ CITY C ERK Appro d by d-d.~ ity Attorney's Office ~ Resolution No. Page 2 07-318 It was moved by Railey and seconded by Correia adopted. and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x X X X x X M:+~ r:;c Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. Q7 11q RESOLUTION ACCEPTING THE WORK FOR THE 2007 PCC PAVEMENT REHABILITATION PROJECT - BENTON STREET. WHEREAS, the Engineering Division has recommended that the work for construction of the 2007 PCC Pavement Rehabilitation Project - Benton Street, as. included in a contract between the City of Iowa City and Iowa Erosion Control, Inc. of Victor, Iowa, dated June 5, 2007, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $212,427.18. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of Novemhpr , 20 07 ~LJ~ MAYOR - Approved by ATTEST: fir~ k. k~ CITY CLERK f:t.# ' City Attorney's Office It was moved by Bailey and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: ABSENT: x X X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng\res\07pccpave. rehab.doc 10-19-08 ~ :~ Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 07-170 RESOLUTION ACCEPTING THE WORK FOR THE NEWTON ROAD WATER MAIN REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Newton Road Water Main Replacement Project, as included in a contract between the City of Iowa City and Tschiggfrie Excavating of Dubuque, Iowa, dated March 20, 2007, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $434,073.26. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of November , 20 07 . ~( ~ JLQI'--- MAYOR - ..... Approved by ATTEST:~ tV. ~~ CITY ERK A-~./f.~ City Attorney's Office /<lI~V] It was moved by Bailey and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: ABSENT: x x x X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwenglres/acptwrik-newtonrd 11-07 .doc it ~. 1;- \ c:...- ~ I ~ 1 -~= -....!t ----... ~~.w!S ~ ~IIII.' -~ CITY OF IOWA CITY MEMORANDUM Date: November 5, 2007 To: Dale Helling From: Kim Sandberg-,\~ Re: Agenda Items The following are costs associated with the Capital Improvement Projects being presented for acceptance at the November 5th Council meeting: 1) 2007 PCC Pavement Rehabilitation Project - Benton Street Contractor: Iowa Erosion Control, Inc. .:. Project Estimated Cost: $ 275,000.00 .:. Project Bid Received: $ 196,234.65 .:. Project Actual Cost: $ 212,427.18 2) Newton Road Water Main Replacement Contractor: Tschiggfrie Excavatinglnc. .:. Project Estimated Cost: $ 435,000.00 .:. Project Bid Received: $ 429,994.55 .:. Project Actual Cost: $ 434,073.26 Mk, () Prepared by: Denny Gannon, Ass!. City Engineer, 410 E. Washington S!., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 07-":\71 RESOLUTION ACCEPTING THE WORK FOR SANITARY SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR HIGHLANDER DEVELOPMENT SECOND ADDITION WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer and water main improvements for Highlander Development Second Addition, as constructed by Gee Grading & Excavating, Inc. of Cedar Rapids, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of November ~uJ1i MAYOR ---- ATTEST: ~ ~ -J:~ CITY ERK It was moved by Bailey and upon roll call there were: and seconded by c.orrp;,q the Resolution be adopted, AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x X X X X X pwenglreslhighlander dev2ndadd.doc -_.... \ ,~ 1 -~= -.... .t~""'" -...... ~~~~!:~ ~~....,~ ~: CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT October 26, 2007 Honorable Mayor and City Council Iowa City, Iowa Re: Highlander Development Second Addition Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of sanitary sewer and water main public improvements for Highlander Development Second Addition has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer and water main improvements constructed by Gee Grading & Excavating, Inc. of Cedar Rapids, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~~ Ronald R. Knoche, P.E. City Engineer pwenglletterslhighlander dev2ndadd.doc ~t:J r;;: Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 07-~?? RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR OLOE TOWNE VILLAGE PART 2 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvements for Olde Towne Village Part 2, as constructed by Bowker Mechanical Contractors LLC of Cedar Rapids, Iowa. WHEREAS, the maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of November G~l-J JU- MAYOR ~ ATTEST: ~ ,t!. ~~ CITY ERK the Resolution be adopted, It was moved by R;:1i 1 Py and upon roll call there were: and seconded by Correia AYES: NAYS: ABSENT: x X X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng/resloldelown vill.doc I I ~ 1 -~= -4 ~~J~!:'t ~~~"" CITY OF IOWA CITY 4 1 0 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT October 26, 2007 Honorable Mayor and City Council Iowa City, Iowa Re: Olde Towne Village Part 2 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer public improvements for Olde Towne Village Part 2 has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office for the sanitary sewer improvements constructed by Bowker Mechanical Contractors LLC of Cedar Rapids, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~(C-- Ronald R. Knoche, P.E. City Engineer pwengllettersloldetown vilLdoc ~4~ li~7) Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 07-323 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MCCOLLISTER BOULEVARD PCC PAVEMENT [HDP-3715(628)--71-52] AND MCCOLLISTER BOULEVARD BRIDGE [HDP-3715(634)--71-52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT OF BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project will be bid by the Iowa Department of Transportation (laDOT); and WHEREAS, bids will be accepted on November 20,2007, at 10:00 a.m. by the laDOT in Ames, IA; WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount between 5% (five percent) and 10% (ten percent) of bid. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids by the laDOT for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the laDOT in Ames, Iowa, (800 Lincoln Way, Ames, IA 50010) before 10:00 a.m. on the 20th day of November, 2007. Thereafter the bids will be opened and announced by the laDOT, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its regular meeting, to be held at Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 11th day of December, 2007, or at a special meeting called for that purpose. Resolution No. 07-323 Page 2 Passed and approved this 5th ATTEST: 7-1~~'~ ~ City Clerk day of NmTPmhPr ,2007. Q.~LJ~ Mayor -- Resolution No. Page 3 07-323 It was moved by _Champion and seconded by O'Donnell adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x x X N\\B C1LJ Prepared by: Dan Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144 RESOLUTION NO. 07-324 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to construct necessary facilities to continue landfilling operations on the western portion of the currently permitted site; and WHEREAS, an Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Howard R. Green Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Consultant Agreement by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the provision of engineering services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa City, Iowa. Passed and approved this 5th day of N~L. ,2007 C U Jl2~. MAYOR ~ Approved by ATTEST: 71~ 1(. ~ CITY ERK :i. ,Ii · pweng\res~andfill.doc Resolution No. Page 2 07-324 It was moved by c'hampion and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x X x x x CONSULTANT AGREEMENT 1 THIS AGREEMENT, made and entered into this 5th day of November , 200,S', by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and Howard R. Green Company, of 8710 Earhart Lane SW, Cedar Rapids, IA 52404, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY desires to secure the services of a consulting engineering firm to prepare construction plans, project manual, and detailed construction specifications; to submit construction documents to the Iowa Department of Natural Resources (IDNR) for review and approval; to provide for assistance in receiving bids and awarding construction contract(s); and to provide for assistance to the CITY in contract and construction administration, all as related to the design and construction of the expansion area west of the active landfill cells operating at the Iowa City Landfill and Recycling Center. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as set forth herein. SCOPE OF SERVICES CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner: I. Expansion Layout Evaluation This work consists of consulting engineering services necessary to complete an evaluation of maximizing the contiguous land area west of cells FY95-FY06 and east of the overhead power utility easement. The evaluation will consider the type of liner system, cell depth, leachate conveyance and expansion capacity. Up to four cell configurations will be presented with estimated constructions costs with a recommendation of the preferred option. Fee $12,700 II. Site Investigation II-A Environmental and Historical Impact Assessment. 1) Wetland Delineation An investigation of the areas within the project limits, including on-site roads and borrow areas will be conducted to identify the presence of Clean Water Act jurisdictional waters (waters of the U.S.). Also, this task will determine the size and location of any identified waters of the U.S. that will be impacted by the project. O:\PROJ\191130J\ADMIN\Agr-fy09 expansion.doc Page 1 Assembled existing data related to the potential location of potential jurisdictional areas (waters of the U.S.) will be reviewed. Geographic information systems (GIS) will be the primary method of the desktop preliminary investigation. GIS data will include NWI, soils, and other ancillary data. Hard copy data may include the information, soil surveys, National Wetland Inventory, USGS topography mapping, and other sources. Photo interpretation utilizing the 1985 Food Security Act (FSA) technique will be performed for agricultural land. Five previous years of NRCS/FSA crop photos will be reviewed. This review is anticipated to take place at the county NRCS office utilizing its selected crop photos for the interpretation. Based on the available data, an estimate of the location of potential waters of the U.S. will be prepared. Areas exhibiting consistent inundation and/or distressed conditions will be noted for field inspection. A field inspection will be to field verify the existence of waters of the U.S., including wetlands. Wetland areas will be delineated in accordance with the U.S. Army Corps of Engineer's (Corps) 1987 Wetland Delineation Manual and with FSA methodology for agricultural land. The location of other waters of the U.S. or State of Iowa (non-wetland areas such as creeks, streams, rivers, and lakes) will be verified and the jurisdictional areas identified. The location and size of each of the waters located will be documented by photographs and recorded on the plans sheets and aerial photographs. Photo documentation shall include photo and project location, photo station location, GPS position (3-5 meter accuracy), photo direction, photo date, and primary subject. The routine method in the Corps 1987 manual and 1985 FSA manual will be used, including pertinent FSA documentation utilizing the forms outlined in Part 526 of the National Food Security Act manual, 3rd Edition. Wetland boundaries will be flagged and surveyed. The wetland delineation report will contain the site-specific information on jurisdictional waters required for the permit application. The project team will complete a report containing the delineation method and pertinent information regarding the delineation of each identified waters of the U.S. The report will include project plans and aerials with location of jurisdictional waters outlined; GIS mapping with jurisdictional waters, hydric soils, and NWI locations identified; and wetland data sheets. The delineation report will consist of narrative discussing methods of the performed wetland delineation in addition to information regarding the findings of the field investigation. Waters of the U.S. information will consist of the location of the waters of the U.S. on the plan and profile sheets and aerial photographs, as well as in digital format, and a description of the waters of the U.S. All data forms will be provided in an attachment to the report. Fee $6,800 0:\PROJ\191130J\ADMIN\Agr-fy09 expansion.doc Page 2 2) Historical and Archeological A literature and field survey of the site will be conducted as a determination of the presence of and assessment of the impact on any archeologically, historically, or architecturally significant resources on the subject site. To properly assess the impact, consultation will be conducted with the Historic Preservation Bureau of the Iowa State Historical Society. This work effort will serve to fulfill the requirements of [567] lAC. This work task will include utilizing the literature and field surveys prepared in Section 1.e.3). to provide a detailed listing of existing plant and animal species known to be present at the subject site. This survey, and the resulting report will serve to conform to the requirements of [567] lAC. This task does not include plans for mitigation of culturally significant resources. Fee $7,200 3) Threatened and Endangered Species Surveys This task will include contacting the U.S. Fish and Wildlife Service and appropriate State agencies regarding known species occurring within the area. It will also include the assembling of existing data related to the potential occurrence and habitat survey requirements for threatened and endangered (T&E) species within the project area. If required, a visual survey within the limits of the project area will be performed for the presence of suitable habitat for the subject T&E species, as determined by the U.S. Fish and Wildlife Service and Iowa Department of Natural Resources (IDNR). The type, size and location of suitable habitat within the project limits will also be determined. Based on the available data, an estimate of the location of potential habitat will be prepared. A T&E habitat survey will be conducted to verify the existence of suitable T&E habitat. The project area will be visually surveyed in accordance with U.S. Fish and Wildlife guidelines (if they exist) for each subject species. The location of suitable T&E habitat will be verified. Each location and size of T&E habitat unit will be documented by photographs and recorded on USGS quadrangle maps. Photo documentation shall include photo, photo orientation, photo date and description of primary subject. The habitat present for subject T&E species will be quantified by area boundaries. Project area map will be prepared on which the location of suitable T&E habitat will be outlined. A T&E habitat survey report will be prepared for each subject species. The T&E habitat surveys will follow U.S. Fish and Wildlife Service guidelines. T&E habitat surveys will not be performed outside of project limits. Suitable habitat will not be flagged or location boundaries O:\PROJ\ 191130J\ADMIN\Agr-fy09 expansion.doc Page 3 surveyed by a registered surveyor. It should be noted that some plant species require surveys during flowing water periods - this level of effort is not anticipated. This task does not include taking or trapping of animals (e.g. mist netting). A complete T&E habitat survey report, as directed by the U.S. Fish and Wildlife Service survey guidelines for subject species, will be submitted. A narrative survey report, including supporting figures and tables of the project including the project location, project description, project purpose, T&E habitat determination will be completed. This scope assumes the limited likelihood that species or associated habitat are present and does not include development of mitigation species survey, section 7 consultations for T&E species through the U.S. Fish and Wildlife Services, or IDNR. Fee $5,250 4) Alternative Liner Study This task will include utilizing landfill and ground water modeling to design an alternative equivalent liner system to the current prescriptive IDNR liner system. A cost analysis will be provided to compare the two liner systems to determine which system is more feasible. Fee $21,000 II-B Hydrogeologic Site Investigation A total drilling footage of 600 feet is estimated to be required for the Revised Hydrogeologic Site Investigation Site exploration will be in accordance with current and proposed IDNR requirements and as listed in [567] lAC 110.3(1) b, and based on a nominal area of 50 acres. This task will include the construction soil borings of which some will be converted to monitoring wells as required for completion of the hydrogeologic investigation in accordance with [567] lAC 110.4. In part, the information obtained from the soil borings, laboratory testing of discrete soil samples and in- situ permeability tests, will be used to develop a description of the site geology. This work will also include the preparation of geologic cross sections. A description of the hydrogeologic unit(s) within the saturated zone will be developed. Groundwater flow paths (flownets) illustrating both horizontal and vertical components of flow will be identified and a contour map of the water table will be presented showing horizontal flow paths. A potentiometric surface map of the uppermost aquifer showing horizontal flow paths will be presented, if different than the water table. Groundwater flow paths will be shown in at least two profiles, determined by water level measurements from clustered wells at different depths, if possible. An evaluation will also be made of vertical groundwater flow based on the hydrologic properties of the various strata O:\PROJ\191130J\ADMIN\Agr-fy09 expansion.doc Page 4 encountered at the site, estimated groundwater flow volumes and recharge rates, and known information on hydraulic head. Based upon available data, the seasonal, temporal and artificially induced variations in ground water flow will be evaluated, to include such events as rainfall, the affects of addition of groundwater control systems (e.g.tile lines), removal of overburden and deposition of wastes. Surface water flow paths from the site will be identified on topographic contour maps of the completed site. The final hydrologic monitoring systems planning report will contain a description of all field investigations and a presentation of the results including a description of field and laboratory test methods; a presentation of the test results and field measurements; a reasonable identifiable (based on known or observed) inventory of active, unused, and abandoned wells within one mile of the planned facility; and the identification of all public water supply wells with water withdrawal permits located within three miles of the planned facility. Fee $87,350 III. Expansion Design Iowa Department of Natural Resources (IDNR) requires any changes to the approved Development and Operations Plan be submitted as an amendment and certified by an Iowa Professional Engineer. The certification is to demonstrate compliance with current applicable Federal and State regulations. Part of the DOPS revision will include the construction drawings and specifications that will be completed under this task. The expansion design will consist of a plan to develop the land directly adjacent of cells FY98-FY06 from the east to west to the utility easement of the overhead electrical transmission lines of the newly acquired property. The construction plans may be phased as deemed appropriate by the City. This design task assumes the use of the IDNR prescription Subtitle D liner system and that on-site native soils are suitable for use as liner and cover materials. The engineering design will be based on use of these on-site native soils. The Consultant will submit review plans on a 30%, 60%, 90%, and Final schedule. The City will provide comments and issuance to proceed after each submittal The design will include the following items: . Gravel cell access road off of existing site roadways . Groundwater collection system design under the proposed cell . Subtitle D prescriptive liner design . Leachate conveyance to existing Leachate Control System . Cell interface design between the proposed and existing active landfill cells O:\PROJ\191130J\ADMIN\Agr-fy09 expansion.doc Page 5 . Possible relocation/design of onsite sewer system . Storm water run-off and detention design CONSULTANT will also prepare the Project Manual and Specifications to include: . Notice of Public Meeting . Advertisement for Bids . Instructions to Bidders . Form of Proposal . Bid, Performance, and Payment Bond Forms . Notice of Award . Form of Agreement . Notice to Proceed . Standard General Specifications . Supplemental General Specifications . Detailed Specifications Excavation Borrow-soil removal, stockpile, restoration Subbase preparation Construction of groundwater collection facilities Construction of the compacted soil liner system Construction of leachate collection piping system Testing and quality control/assurance . Special Provisions . Engineer's Opinion of Probable Construction Cost Fee $129,200 O:\PROJ\ 191130J\ADMIN\Agr-fy09 expansion.doc Page 6 IV. DOPS Revision The Consultant will update the current DOPS on file with the IDNR. The current DOPS was submitted to the IDNR the summer of 2007 as part of the landfill permit removal. The specific sections of the DOPS that will be revised include: . Appendix 1 - Landfill Operations . Appendix 2 - Development Drawings . Appendix 3 - HIR . Appendix 4 - HMSP . Appendix 5 - Leachate Control Plan . Appendix 8 - Explosive Gas Control Plan . Appendix 9 - Closure/Post Closure Plan . Appendix 15 - Site Legal Description . Appendix 16 - Ecological Review . Appendix 17 - State Historical Preservation Office Review . Appendix 18 - Natural Resources Conservation Service Review Where applicable the IDNR proposed rules will be implemented in the DOPS revision. Fee $37,700 V. Bid Solicitation and Bid Letting CONSULTANT will distribute all copies of the contract documents to prospective bidders as required for bid letting. The bid letting process will entail the invitations to bid, instructions to bidders, bid proposals, proposal evaluation, and acceptance. CONSULTANT will conduct a pre- bid meeting for prospective Contractors that will include a visit to the landfill to discuss site conditions, project requirements, and questions. (Attendance at this pre-bid meeting may be optional for the prospective bidders). Fee $15,800 O:\PROJ\ 191130J\ADMIN\Agr-fy09 expansion.doc Page 7 . TIME OF COMPLETION The CONSULTANT shall complete the following phases of the Project in accordance with the schedule shown. . Item I will be completed for submittal to IDNR by October 30,2007 . Item II will be completed for submittal to IDNR by March 15, 2008 . Item III will be completed by March 30,2008. . Item IV will be completed by April 15, 2008 . Item V schedule will be determined at a later date. GENERAL TERMS A. The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The CITY may terminate this Agreement upon seven (7) calendar days written notice to the CONSULTANT. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the CONSULTANT by the CITY for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT for the project shall be available by said CITY upon reasonable request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. O:\PROJ\191130J\ADMIN\Agr-fy09 expansion.doc Page 8 G. At the request of the CITY, the CONSULTANT shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the CONSULTANT pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the CONSULTANT shall not be liable for the CITY'S use of such documents on other projects. I. The CONSULTANT agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANT to satisfactorily perform in accordance with this Agreement shall constitute grounds for the CITY to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the CITY. The CONSULTANT shall be allowed to keep mylar reproducible copies for the CONSULTANT'S own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the CITY. N. Upon signing this agreement, CONSULTANT 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. O. Professional Coverage - The CONSULTANT agrees at all times material to this Agreement to have and maintain professional liability insurance covering the CONSULTANT'S liability for the CONSULTANT'S negligent acts, errors and omissions to the CITY in the sum of $1 ,000,000. 0:\PROJ\191130J\ADMIN\Agr-fy09 expansion.doc Page 9 IV. COMPENSATION FOR SERVICES Total $ 12,700 $128,000 $129,200 $ 37,700 $ 15.800 $323,400 Item I Item II Item III Item IV Item V Payment Schedule: CONSULTANT shall bill CITY monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of CITY'S receipt of invoice. If CITY fails to make monthly payments due CONSULTANT, CONSULTANT may, after giving seven (7) days' written notice to CITY, suspend services under this Agreement until CITY has paid in full all amounts due. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FO(2j By: l FOR THE CONSULTANT 5A- By: ~ fj,().2 Title: V' ~ - vr.::-t> Title: Mayor Date: November 5. 2007 Date: /#3. '<1 . 'Z.-OU, J::~ O:\PROJ\191130J\ADMIN\Agr-fy09 expansion.doc Page 10