HomeMy WebLinkAbout1988-07-26 ResolutionRESOLUTION NO. 88-161
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 filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "B" Beer Permit or liquor control license,
to wit:
Field House, The
6:20
It was moved by AbDTiSCo and seconded by Horowitz
that the Resolution as rea e adopted, and upon rol ca t ere
were:
AYES: NAYS: ABSENT:
Ambrisccoo -- X
Courtney X
Dickson R
Horowitz %
Larson R
McDonald X
Strait X
Passed and approved this 26th day of July ,
19 88 .
yor
Attest: _2211 4, )
City Clerk
9
RESOLUTION NO. 88-162
A RESOLUTION OF INTENT TO DISPOSE OF A PORTION OF
VACATED STREET RIGHT-OF-WAY ADJACENT TO HORACE MANN
SCHOOL BY SELLING SAME TO WILLIAM AND DORIS PREUCIL
FOR USE IN CONJUNCTION WITH THE PREUCIL SCHOOL OF
MUSIC, AND SETTING PUBLIC HEARING THEREON.
WHEREAS, Ordinance No. 2271 was passed and approved on December 3, 1963,
by the City Council of the City of Iowa City, vacating certain City -owned
street right-of-way described as follows:
That part of Johnson Street adjacent to the west side
of Lot 5 and that part of Fairchild Street adjacent to
the south sides of Lots 3 and 4, Block 30, Original
Town; and
WHEREAS, this City Council now deems that a portion of said vacated street
right-of-way is excess City property, suitable for disposition; and
WHEREAS, William and Doris Preucil have proposed to purchase a portion of
said vacated street right-of-way described as follows:
Commencing at the southwest corner of the south 60
feet of Lot 4, Block 30, O.T., Iowa City, Iowa, thence
80' along the south line of said Lot 4 to the
southeast corner of said Lot 4, thence south 100',
thence west 801, thence north 100' to the place of
beginning, and
WHEREAS, William and Doris Preucil have agreed to purchase that portion of
the above-described vacated street right-of-way for the purchase price of
Seven Thousand Dollars ($7,000); and
i
WHEREAS, the City Council of the City of Iowa City has been advised and
does believe that it would be in the best interests of the City of Iowa
CIty to consider said proposal for this disposition of said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the City Council does hereby declare its proposal to dispose of the
above-described portion of the City -owned vacated street right-of-way, as
described above; and
BE IT FURTHER RESOLVED:
That the City Clerk be and is hereby authorized, empowered and directed to
cause Notice of Public Hearing to be published as provided by law relative
to the proposal hereinabove set forth.
Adopted and approved this 26th day of July, 1988.
/09�
-2 -
It was moved by Ambrisco and seconded by Horowitz the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
Passed and approved this 26th day of July 1988.
ATTEST:
L4.)
OR 21A r a o Form
CITY LERK Legal Department
/0 9°Z
RESOLUTION NO. 88-163
RESOLUTION RESCINDING PRIOR RESOLUTION NO. 82-234 AND PROVIDING
FOR AN AMENDMENT TO THE FEE SCHEDULE FOR SIGN ERECTORS LICENSES
AND SIGN PERMITS BY AUTHORIZING A MAXIMUM PERMIT FEE FOR BANNER
SIGNS.
WHEREAS, the City of Iowa City regulates the construction and placement of
signs by licensing sign erectors and by requiring permits for the erection
i
of signs; and
WHEREAS, pursuant to Section 36-64 of the Code of Ordinances of the City
Of Iowa City, Iowa, the fee for sign erectors licenses and the fee for
sign permits were set by the City Council by Resolution No. 82-234; and
WHEREAS, it has been proposed that the said fee schedule be amended to
provide for a maximum permit fee of $40 for banner signs.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
i CITY OF IOWA CITY, IOWA that prior City Council Resolution No. 82-234 be
and the same is hereby rescinded in its entirety.
AND BE IT FURTHER RESOLVED that the following fee schedule for sign
erectors licenses and sign permits be established:
1. Fees for sign erectors licenses shall be as follows:
Commercial sign erectors license fee shall be fifty dollars per year
and said license shall expire on December 31, following date of
issuance. The yearly renewal fee for said license shall be fifteen
dollars.
One-time sign erectors licenses shall be free to a tenant or owner of
a structure or premises on which the sign is to be erected. A one-
time sign erectors license shall expire 30 calendar days following
issuance.
2. Fees for erecting new signs and for altering, improving, or convert-
ing existing signs shall be as follows:
Sign permit $0.80 per square foot
Minimum fee $10.00
i Maximum fee for a
banner sign $40.00
Governmental agencies shall be exempt from the sign erectors license fees
and from the sign permit fees required herein; provided, however, that
said agencies will be required to pay the actual cost incurred by the City
of Iowa City in inspecting and approving signs.
///3
j It was moved by Ambrisco and seconded by Courtney
Resolution be adopte , an upon ro call there were:
c
AYES: NAYS: ABSENT:
xAmbrisco
x Courtney
_x x Dickson
k_x Horowitz
_x Larson
McDonald
i
X Strait
Passed and approved this 26th day of July
ATTEST:
the
1988
' JIrOR
Ap7dom
CIT CLQ �
Legal Department
1113
RESOLUTION NO. 88-164
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND
CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF
FY89 LANDFILL EXCAVATION PROJECT
WHEREAS, Barkers, Inc. of Iowa City, Iowa has submitted the best bid of
$116,260.16 for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
j IOWA:
t;
1. That the contract for the construction of the above-named project is
hereby awarded to Barkers Inc. of Iowa City, Iowa subject to the
condition that awardee secure adequate performance bond, insurance
certificates, and contract compliance program statements.
2. That the Mayor is hereby authorized to sign and the City Clerk to
attest the contract for the construction of the above-named project,
subject to the condition that awardee secure adequate performance bond,
yy insurance certificates, and contract compliance program statements.
It was moved byAmbrisco and seconded by Horowitz
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
Passed and approved this 26th day of July, 1988.
J MAYOR
ATTEST:_/i�Q,,tiJ
CITY CLERK
P V D 0 FORM
Legal Department
9
ADVERTISEMENT FOR BIDS
FY89 LANDFILL EXCAVATION PROJECT
Sealed proposals will be received by the
City Clerk of the City of Iowa City, Iowa,
until 10:30 a.m. on the 19th day of July,
1988, and opened immediately thereafter by
the City Engineer. Proposals will be acted
upon by the City Council at a meeting to be
held in the Council Chambers at 7:30 p.m.
on July 26, 1988, or at such later time and
place as may then be fixed.
The work will involve the following:
Excavate material, stockpile and shape as
required. 137,000 cubic yards.
All work is to be done in strict com-
pliance with the plans and specifications
prepared by Francis K. Farmer P.E., City
Engineer of Iowa City, Iowa, which have
heretofore been approved by the City
Council, and are on file for public exami-
nation in the office of the City Clerk.
Whenever reference is made to the
"Standard Specifications", it shall be the
"Standard Specifications for Highway and
Bridge Construction", Series of 1984, Iowa
Department of Transportation, Ames, Iowa.
Each proposal shall be completed on a
form furnished by the City and must be
accompanied in a sealed envelope, separate
from the one containing the proposal, by
either of the following forms of bid secu-
rity: 1) a certified or cashier's check
drawn on a solvent Iowa bank or a bank
chartered under the laws of the United
States or a certified share draft drawn on
a credit union in Iowa or chartered under
the laws of the United States, in an amount
equal to 10% of the bid, or 2) a bid bond
executed by a corporation authorized to
contract as a surety in the State of Iowa,
in a penal sum of 10% of the bid. The bid
security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY, IOWA,
and shall be forfeited to the City of Iowa
City as liquidated damages in the event the
successful bidder fails to enter into a
contract within ten (10) days and post bond
satisfactory to the City insuring the
faithful performance of the contract and
maintenance of said work, if required,
pursuant to the provisions of this notice
and the other contract documents. Checks
of the lowest two or more bidders may be
AF -1
I
retained for a period of not to exceed
fifteen (15) days until a contract is
awarded or rejection is made. Other checks
will be returned after the canvass and
tabulation of bids is completed and
reported to the City Council.
Payment to the Contractor will be made as
specified in the "Standard Specifications",
Article 1109.06.
The successful bidder will be required to
furnish a bond in an amount equal to one
hundred percent (100%) of the contract
price, said bond to be issued by a respon-
sible surety approved by the City Council
and shall guarantee the prompt payment of
all materials and labor and protect and
save harmless the City from claims and
damages of any kind caused by the operation
of the contract, and shall also guarantee
the maintenance of the improvement for a
period of zero (0) year(s) from and after
its completion and acceptance by the City.
The following limitations shall apply to
this project:
Working Days: 40
Completion Date: September 23, 1988
Liquidated Damages:$150 per day
The plans, specifications, and proposed
contract documents may be examined at the
Office of the City Clerk. Copies of said
plans and specifications and form of pro-
posal blanks may be secured at the Office
of Francis K. Farmer, P.E., City Engineer
of Iowa City, Iowa, by bona fide bidders.
Return all plans and specifications to the
City Engineer's office in good condition
within fifteen (15) days after the opening
of the bids.
Prospective bidders are advised that the
City of Iowa City desires to employ minor-
ity contractors and subcontractors on City
projects.
The Contractor awarded the contract shall
submit a list of proposed subcontractors
along with quantities, unit prices and
amounts before starting construction. If
no minority business enterprises (MBE) are
utilized, the Contractor shall furnish doc-
umentation of all efforts to recruit MBE's.
A listing of minority contractors is
available and can be obtained from the
Civil Rights Specialist, at the Iowa City
Civic Center, by calling 319/356-5022.
By virtue of statutory authority,
AF -2
/11f
L
preference will be given to products and
provisions grown and coal produced within
the State of Iowa, and to Iowa domestic
labor, to the extent lawfully required
under Iowa Statutes. The Iowa Reciprocal
Preference Act (SF 2160) applies to the
contract with respect to bidders who are
not Iowa residents.
The City reserves the right to reject any
or all proposals and to waive technical-
ities and irregularities.
Published upon order of the City Council
of Iowa City, Iowa.
MARIAN KARR,"CIT" CLERK
AF -3
/irk
RESOLUTION NO. 88-165
RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, AN AGREEMENT BETWEEN THE CITY AND
STANLEY CONSULTANTS, INC. FOR THE PROVISION OF VALUE
ENGINEERING, FACILITIES PLAN UPDATE, AND ENVIRONMENTAL
REVIEW SERVICES, ALL IN CONNECTION WITH THE WASTEWATER
TRANSPORTATION FACILITIES IMPROVEMENTS PROJECT.
WHEREAS, the City of Iowa City, Iowa, has undertaken a comprehensive
project to improve its wastewater transportation and treatment facilities;
and
WHEREAS, in order to qualify for available Federal grant funding for the
construction of the wastewater transportation (sewer) improvements portion
of said project the City is required to update the facilities plan for the
said wastewater transportation facilities, to do value engineering in
designing said facilities, and to conduct an environmental review thereof;
and
WHEREAS, Stanley Consultants, Inc. has proposed to provide said services
to the City of Iowa City pursuant to terms of the 'Engineering
Professional Services Agreement' attached hereto and made a part hereof;
and
WHEREAS, the City Council has been advised and does believe that it would
be in the best interests of the City of Iowa City to execute and enter
into said Agreement with Stanley Consultants, Inc.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, that the "Engineering Professional Services
Agreement" attached hereto and made a part hereof is hereby approved as to
form and content.
AND, BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are
hereby authorized and directed to execute and attest, respectively, said
Agreement for and on behalf of the City of Iowa City, Iowa.
A/-5�
-2 -
It was moved by Ambrisco and seconded by Larson the
Resolution be adopte , an upon ro call there were:
AYES: NAYS: ABSENT:
—x Ambrisco
—x Courtney
_X Dickson
Horowitz
x— Larson
—�
McDonald
X Strait
Passed and approved this 26th day of July 1988.
ATTEST
iAP r e aTr
` Form
!
i.< ► j
N
ENGINEERING
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made on _ July 26 , 1988, between
City of Iowa City, Iowa (CITY) and Stanley Consultants, Inc. (CONSULTANT).
CITY intends to employ CONSULTANT to provide Value Engineering, Facilities
Plan Update and Environmental Review for the Wastewater Transportation Facil-
ities Improvements, Iowa City, Iowa (hereinafter called "Project").
CITY and CONSULTANT agree:
1. Scope of Services. CONSULTANT shall perform professional services
as stated in the Scope of Work (EXHIBIT 1 attached).
2. Compensation. CITY shall compensate CONSULTANT for CONSULTANT's
services in the amount of $21,200 due at completion of the value
engineering study and report, $44,000 due at completion of the
facilities plan update and environmental review report.
3. Terms and Conditions. CONSULTANT shall provide professional ser-
vices in accordance with the terms and conditions stated in EXHIBIT
2.
IN WITNESS WHEREOF, the parties below have executed this AGREEMENT as of
the day and year first written above.
CITY OF IOWA CITY, IOnWA
Address for giving notices:
410 East Washington Street
Iowa City, Iowa 52240
STANLEY CONSULTANTS, INC.
By:
Address for giving notices:
Stanley Building
Muscatine, Iowa 52761
///S
■..
EXHIBIT 1
E SCOPE OF WORK
I. Value Ennineerine:
The Scope of Work pertains to the performance of value engineering studies
relative to the design of the Wastewater Transportation Facilities for Iowa
City, Iowa, which include the South Plant Outfall Sewer; Southeast Interceptor
Snyder Creek Segment and Ralston Creek Segments I and II, Benton Street
Interceptor and the Sludge Force Main,
The study will basically consists of one Value Engineering Study followed by
an oral presentation to City staff. Summaries and recommendations evolving
from the study will subsequently be incorporated into a written report.
This study and report will meet the requirements set forth by the Environmen-
tal Protection Agency for Step III grant applications as specified in Supple-
ment No. 12 of the EPA/State delegation agreement.
Specific work tasks which will be performed during the study are identified
as follows, in order of sequence.
A. Team Coordinator will gather, collect, collate information, and
distribute to team members.
B. The study period will last for approximately 40 hours and will con-
sider general concepts, system location, and approaches to specific
design criteria. Four value engineering team members will parti-
cipate for portions of the workshop.
C. Subsequent to this study, additional information will be gathered by
the team members and a written report reflecting the results of the
study will be prepared and submitted. CONSULTANT's senior engineers
and consultants will review this information prior to its submittal
to the CITY.
D. Team Coordinator and selected team members will be available to
advise the CITY on implementation of report recommendations,
E. Team Project Manager will coordinate the overall administration of
the project.
II. Facilities Plan Update
The specific projects being considered for grant funding include the follow-
ing:
A.
Outfall
Sewer from the South Wastewater
Treatment Plant.
B.
Snyder
Creek Section of the Southeast Interceptor.
C.
Benton
Street Interceptor.
D.
Sludge
Force Main between the North and
South Wastewater Treatment
Plants.
E.
Ralston
Creek Sections of the Southeast
Interceptor.
Specific work tasks for the Facilities Plan Update include the following:
1/1.6'—
A. Meet with CITY personnel to discuss the proposed projects and to
obtain available information, maps, and reports.
i B. Review existing Facilities Plan reports which were completed in the
1970s.
C. Review Metcalf b Eddy (M&E) reports for information regarding the
Outfall Sewer, Southeast Interceptor, Benton Street Interceptor, and
Sludge Force Main.
D. Contact applicable departments within IDNR and, as required, other
regulatory agencies.
E. Summarize service areas, flows, and interceptor sizing.
F. Identify the original Facilities Plan and current plan locations and
sizes for the proposed projects. Identify differences between the
original and current projects and discuss why changes were made.
C. Prepare a brief document that includes text, maps, and graphics to
assist IDNR in review of the project and to provide information for
the public hearing. This report will include the major facility
plan requirements such as the following:
1. Wastewater flows and characteristics
2. Existing system
3. Existing environmental setting
4. Alternatives
5. Impact assessment
6. Selected plan
The anticipated approach will involve identifying in the existing
Facilities Plan and M&E reports where information can be found in
detail. A brief summary of this information will be included in the
update report.
Because the sludge force main was not included in the original
facilities plan, the justification of this project will be obtained
from the M&E reports. This will include a summary of why Iowa City
is using the two plant concept instead of one plant.
N. Summarize existing cost estimates for the proposed projects and
identify the grant eligible portions.
I. Develop a milestone schedule for implementation of the proposed
projects.
J. Write a preliminary report including text and graphics.
K. Meet with CITY personnel to review the report.
L. Attend the public hearing that will be held by Iowa City. A summary
of the hearing and responses to questions raised at the hearing will
be made.
6
///-5--
a
M.
Finalize the Facilities Plan Update report and include any appli-
cable comments from the public hearing.
N.
Submit the Facilities Plan Update to IDNR for their review.
0.
Respond to any comments from IDNR. A meeting with IDNR may be re-
quired to expedite their review.
P.
Complete required forms for EPA Step III grant funding request and
construction permit applications.
III. Environmental
Review
The Environmental Review of the proposed projects will be incorporated into
the Facilities
Plan Update. The Scope of Services for the Environmental
Review includes the following:
A.
Review existing Facilities Plan and M&E reports for available
j
information that is applicable to the current projects.
B.
Contact appropriate agencies such as IDNR, the State Historical
Preservation office, and the State Archeologist to obtain updated
information. CONSULTANT shall provide an archeological survey.
C.
Summarize the environmental setting including the following:
1. Physical elements (topography, geology, and soils).
2. Hydrologic elements (groundwater and surface water).
3. Biological resources (vegetated areas, aquatic habitat, and
endangered species).
4. Cultural elements (parks and recreational facilities, histori.
cal sites, archeological sites, and land use).
D.
Make an impact assessment of the proposed improvements. The impact
assessment will make a comparison to the no -action alternative which
would be a description of the future environmental setting without
the projects. Anticipated environmental concerns will include wet-
lands, flooding/flood plain considerations, water quality impacts,
wildlife habitat loss or alteration, impact to aquatic organisms,
historical concerns, air/noise quality impacts, and potential for
secondary development.
E.
Prepare a preliminary report including text and graphics to be
incorporated into the Facilities Plan Update.
F.
Meet with CITY personnel to review the impact assessment,
G.
Attend the public hearing conducted by CITY personnel. A summary of
the meeting and responses to specific questions will be made.
///-5--
a
H. Finalize the Environmental Review incorporating any comments re-
ceived during the public hearing.
t_.._._—,._... .... _.
1. CITY'S RESPONSIBILITIES
E
1.1 Name CITY's representative with authority to receive information and
transmit instructions for CITY.
1.2 Provide available information pertinent to project, upon which CONSUL.
TANT may rely.
1.3 Arrange for access by CONSULTANT upon public and private property as
required.
1.4 Provide services necessary for project but not within scope of CONSUL-
TANT's services.
2. PERIOD OF SERVICE
2.1 CONSULTANT is not responsible for delays due to factors beyond its
control.
2.2 Service shall start when contract is signed and be completed with sub-
mittal and acceptance of all reports by the CITY.
3. COST ESTIMATES
3.1 Cost Estimates. Since CONSULTANT has no control over cost of labor,
materials, equipment or services furnished by others, over contractors'
methods of determining prices, or over competitive bidding or market condi-
tions, its estimates of project construction cost will be made on the basis of
its employees' experience and qualifications and will represent their best
judgment as experienced and qualified professionals, familiar with the con.
struction industry. CONSULTANT does not guarantee that proposals, bids, or
actual construction cost will not vary from its estimates of project cost.
4. GENERAL
4.1 Termination.
4.1.1 Either party may terminate obligation to provide further services upon
twenty days' written notice, after substantial default by other party through
no fault of terminating party.
4.1.2 CITY may terminate CONSULTANT's obligation to provide further services
upon twenty days' written notice. In such event, progress payments due
CONSULTANT for services rendered, plus unpaid reimbursable expenses shall
constitute total compensation due.
1115—
n
4.2 Reuse of Documents.
4.2.1 All tangible items prepared by CONSULTANT are instruments of service
and CONSULTANT retains all copyrights. CITY may retain copies for reference,
but reuse on another project without CONSULTANT's written consent is pro.
hibited. CITY will indemnify CONSULTANT, its employees, agents, and consul.
tants against claims resulting from such prohibited reuse. Said items are not
intended to be suitable for completion of this project by others.
4.2.2 Submittal or distribution of items in connection with project is not
publication in derogation of CONSULTANT's rights.
4.3 Controlling Law. Agreement shall be governed by Iowa law.
4.4 Successors and Assigns.
4.4.1 The parties bind themselves, their successors, and legal representa-
tives to the other party and to successors and legal representatives of such
other party, in respect to all covenants and obligations of agreement.
4.4.2 Neither party shall assign, sublet, or transfer any interest in agree-
ment without written consent of the other, provided CONSULTANT may employ
such independent consultants, associates, and subcontractors as it may deem
appropriate after approval by the CITY.
4.4.3 Nothing in agreement shall be construed to give any rights or benefits
to anyone other than parties.
4.5 Separate Provisions. If any provisions of agreement shall be held to
be invalid or unenforceable, remaining provisions shall be valid and binding.
4.6 Waiver. No waiver shall constitute a waiver of any subsequent breach.
4.7 Warranty.
4.7.1 CONSULTANT shall use reasonable care to reflect requirements of appli-
cable laws, rules, or regulations or about which CITY specifically advises in
writing, which are in effect on date of agreement. CONSULTANT INTENDS TO
RENDER SERVICES IN ACCORDANCE WITH GENERALLY ACCEPTED PROFESSIONAL STANDARDS,
BUT NO OTHER WARRANTY IS EXTENDED, EITHER EXPRESS OR IMPLIED, IN CONNECTION
WITH SUCH SERVICES. CITY's rights and remedies in this agreement are ex-
clusive.
4.8 Period of Repose. Any applicable statue of limitations shall commence
to run and any alleged cause of action shall be deemed to have accrued not
later than completion of services to be performed by CONSULTANT.
4.9 Indemnification. CONSULTANT will indemnify CITY against claims for
bodily injury and for damage to tangible property that are result of negligent
error, omission, or act of CONSULTANT.
4.10 Extent of Agreement. Agreement represents entire agreement between
parties and may be amended only by written instrument signed by both parties.
4.11 Payment.
4.11.1 If CLIENT fails to make payment within forty-five days after receipt
of statement, interest at maximum legal rate or at rate of 12%, whichever is
less, shall accrue, and in addition, CONSULTANT may, after giving seven days'
written notice, suspend services until it has been paid in full all amounts
due it.
City of Iowa City
MEMORANDUM
TO: Steve Atkins
FROM: Chuck Schmadeke and Rick Fosse
DATE: July 21, 1988
RE: Federal Construction Grant Funding of Sewer Projects
The Department of Natural Resources (DNR) has indicated that a
portion of the 1989 federal construction grant money has been
earmarked for Iowa City. This grant would pay for 55% of the
construction cost of eligible items contained in the sewer
projects that will be bid this winter. We estimate that this
grant could total $3,000,000.00.
To become eligible for this grant we must comply with the
requirements set forth by the DNR and EPA. The most substantial
requirements are listed below:
1. Update the Facility Plan.
2. Perform an Environmental Review.
3. Perform a Value Engineering Study.
4. Incorporate selected recommendations of the Value
Engineering Study into the.project plans.
5. Revise the project specifications to comply with EPA
requirements.
The attached agreement with Stanley Consultants is for the
Facility Plan Update, Environmental Review and Value Engineering
Study. Stanley Consultants has been selected because in our
opinion, they are the best qualified and most experienced firm to
provide these services. In addition, the firm selected must not
have had any involvement with the design of any portion of the
project. This requirement eliminates the involvement of any
local firms.
The consent decree imposed by the DNR requires that construction
begin by March 15, 1989, but the grants program will not pay for
construction completed before we have met the herein stated
requirements to become eligible. Therefore, timely completion of
the various elements necessary to become eligiblo to insure that
we will receive the maximum grant possible is essential. No
federal money is available for engineering services.
///5—
9
ENGINEERING
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made on 1988, between
City of Iowa City, Iowa (CITY) and Stanley Consultants, Inc. (CONSULTANT).
CITY intends to employ CONSULTANT to provide Value Engineering, Facilities
Plan Update and Environmental Review for the Wastewater Transportation Facil-
ities Improvements, Iowa City, Iowa (hereinafter called "Project").
CITY and CONSULTANT agree:
1. Scope of Services CONSULTANT shall perform professional services
as stated in the Scope of Work (EXHIBIT 1 attached).
2. Compensation. CITY shall compensate CONSULTANT for CONSULTANT's
services in the amount of $21,200 due at completion of the value
engineering study and report, $44,000 due at completion of the
facilities plan update and environmental review report.
3. Terms and Conditions. CONSULTANT shall provide professional ser-
vices in accordance with the terms and conditions stated in EXHIBIT
2.
IN WITNESS WHEREOF, the parties below have executed this AGREEMENT as of
the day and year first written above.
CITY OF IOWA CITY, IOWA
By:
Address for giving notices:
410 East Washington Street
Iowa City, Iowa 52240
STANLEY CONSULTANTS, INC,
By: /jiGf�ST'�1�
Address for giving notices:
Stanley Building
Muscatine, Iowa 52761
EXHIBIT 1
SCOPE OF WORK
I. Value Engineering
The Scope of Work pertains to the performance of value engineering studies
relative to the design of the Wastewater Transportation Facilities for Iowa
City, Iowa, which include the South Plant Outfall Sewer; Southeast Interceptor
Snyder Creek Segment and Ralston Creek Segments I and II, Benton Street
Interceptor and the Sludge Force Main.
The study will basically consists of one Value Engineering Study followed by
an oral presentation to City staff. Summaries and recommendations evolving
from the study will subsequently be incorporated into a written report.
This study and report will meet the requirements set forth by the Environmen-
tal Protection Agency for Step III grant applications as specified in Supple-
ment No. 12 of the EPA/State delegation agreement.
Specific work tasks which will be performed during the study are identified
as follows, in order of sequence.
A. Team Coordinator will gather, collect, collate information, and
distribute to team members.
B. The study period will last for approximately 40 hours and will con-
sider general concepts, system location, and approaches to specific
design criteria. Four value engineering team members will parti-
cipate for portions of the workshop.
C. Subsequent to this study, additional information will be gathered by
the team members and a written report reflecting the results of the
study will be prepared and submitted. CONSULTANT's senior engineers
and consultants will review this information prior to its submittal
to the CITY.
D. Team Coordinator and selected team members will be available to
advise the CITY on implementation of report recommendations.
E. Team Project Manager will coordinate the overall administration of
the project.
II. Facilities Plan Update
The specific projects being considered for grant funding include the follow-
ing:
A. Outfall
Sewer
from the South Wastewater
Treatment Plant.
B. Snyder
Creek
Section of the Southeast Interceptor.
C. Benton
Street
Interceptor.
D. Sludge
Force
Main between the North and
South Wastewater Treatment
Plants.
E. Ralston
Creek
Sections of the Southeast
Interceptor.
Specific work tasks for the Facilities Plan Update include the following:
I
A. Meet with CITY personnel to discuss the proposed projects and to
obtain available information, maps, and reports.
B. Review existing Facilities Plan reports which were completed in the
1970s.
C. Review Metcalf 6 Eddy (M6E) reports for information regarding the
Outfall Sewer, Southeast Interceptor, Benton Street Interceptor, and
Sludge Force Main.
D. Contact applicable departments within IDNR and, as required, other
regulatory agencies.
E. Summarize service areas, flows, and interceptor sizing.
F. Identify the original Facilities Plan and current plan locations and
sizes for the proposed projects. Identify differences between the
original and current projects and discuss why changes were made.
C. Prepare a brief document that includes text, maps, and graphics to
assist IDNR in review of the project and to provide information for
the public hearing. This report will include the major facility
plan requirements such as the following:
1. Wastewater flows and characteristics
2. Existing system
3. Existing environmental setting
4. Alternatives
5. Impact assessment
6. Selected plan
The anticipated approach will involve identifying in the existing
Facilities Plan and M6E reports where information can be found in
detail. A brief summary of this information will be included in the
update report.
Because the sludge force main was not included in the original
facilities plan, the justification of this project will be obtained
from the M6E reports. This will include a summary of why Iowa City
is using the two plant concept instead of one plant.
H. Summarize existing cost estimates for the proposed projects and
identify the grant eligible portions.
I. Develop a milestone schedule for implementation of the proposed
projects.
J. Write a preliminary report including text and graphics.
K. Meet with CITY personnel to review the report.
L. Attend the public hearing that will be held by Iowa City. A summary
of the hearing and responses to questions raised at the hearing will
be made.
///.5-
9
M. Finalize the Facilities Plan Update report and include any appli-
I cable comments from the public hearing.
N. Submit the Facilities Plan Update to IDNR for their review.
j0. Respond to any comments from IDNR. A meeting with IDNR may be re-
iquired to expedite their review. .
P. Complete required forms for EPA Step III grant funding request and
construction permit applications.
III. Environmental Review
The Environmental Review of the proposed projects will be incorporated into
the Facilities Plan Update. The Scope of Services for the Environmental
Review includes the following:
A. Review existing Facilities Plan and M&E reports for available
information that is applicable to the current projects.
B. Contact appropriate agencies such as IDNR, the State Historical
Preservation Office, and the State Archeologist to obtain updated
information. CONSULTANT shall provide an archeological survey.
C. Summarize the environmental setting including the following:
1. Physical elements (topography, geology, and soils).
2. Hydrologic elements (groundwater and surface water).
3. Biological resources (vegetated areas, aquatic habitat, and
endangered species).
9
4. Cultural elements (parks and recreational facilities, histori-
cal sites, archeological sites, and land use).
D. Make an impact assessment of the proposed improvements. The impact
assessment will make a comparison to the no -action alternative which
would be a description of the future environmental setting without
the projects. Anticipated environmental concerns will include wet-
lands, flooding/flood plain considerations, water quality impacts,
wildlife habitat loss or alteration, impact to aquatic organisms,
historical concerns, air/noise quality impacts, and potential for
secondary development.
E. Prepare a preliminary report including text and graphics to be
incorporated into the Facilities Plan Update.
F. Meet with CITY personnel to review the impact assessment.
C. Attend the public hearing conducted by CITY personnel. A summary of
the meeting and responses to specific questions will be made.
///S
H. Finalize the Environmental Review incorporating any comments re-
ceived during the public hearing.
EXHIBIT 2
! STANDARD TERMS AND CONDITIONS
I
1. CITY'S RESPONSIBILITIES
1.1 Name CITY's representative with authority to receive information and
transmit instructions for CITY.
i
1.2 Provide available information pertinent to project, upon which CONSUL-
TANT may rely.
1.3 Arrange for access by CONSULTANT upon public and private property as
required.
1.4 Provide services necessary for project but not within scope of CONSUL-
TANT's services.
2. PERIOD OF SERVICE
2.1 CONSULTANT is not responsible for delays due to factors beyond its
control.
2.2 Service shall start when contract is signed and be completed with sub-
mittal and acceptance of all reports by the CITY.
3. COST ESTIMATES
3.1 Cost Estimates. Since CONSULTANT has no control over cost of labor,
materials, equipment or services furnished by others, over contractors'
methods of determining prices, or over competitive bidding or market condi-
tions, its estimates of project construction cost will be made on the basis of
its employees' experience and qualifications and will represent their best
judgment as experienced and qualified professionals, familiar with the con-
struction industry. CONSULTANT does not guarantee that proposals, bids, or
actual construction cost will not vary from its estimates of project cost.
4. GENERAL
4.1 Termination.
4.1.1 Either party may terminate obligation to provide further services upon
twenty days' written notice, after substantial default by other party through
no fault of terminating party.
4.1.2 CITY may terminate CONSULTANT's obligation to provide further services
upon twenty days' written notice. In such event, progress payments due
CONSULTANT for services rendered, plus unpaid reimbursable expenses shall
constitute total compensation due.
///15—
a
4.2 Reuse of Documents.
4.2.1 All tangible items prepared by CONSULTANT are instruments of service
and CONSULTANT retains all copyrights. CITY may retain copies for reference,
but reuse on another project without CONSULTANT's written consent is pro-
hibited. CITY will indemnify CONSULTANT, its employees, agents, and consul-
tants against claims resulting from such prohibited reuse. Said items are not
intended to be suitable for completion of this project by others.
4.2.2 Submittal or distribution of items in connection with project is not
publication in derogation of CONSULTANT's rights.
4.3 Controlling Law. Agreement shall be governed by Iowa law.
4.4 Successors and Assigns.
4.4.1 The parties bind themselves, their successors, and legal representa-
tives to the other party and to successors and legal representatives of such
other party, in respect to all covenants and obligations of agreement.
4.4.2 Neither party shall assign, sublet, or transfer any interest in agree-
ment without written consent of the other, provided CONSULTANT may employ
such independent consultants, associates, and subcontractors as it may deem
appropriate after approval by the CITY.
4.4.3 Nothing in agreement shall be construed to give any rights or benefits
to anyone other than parties.
4.5
Separate Provisions.
If any provisions of agreement shall be held to
be
invalid or unenforceable,
remaining provisions shall
be valid and binding.
4.6
Waiver. No waiver shall constitute a waiver of
any subsequent breach.
4.7 Warranty.
j 4.7.1 CONSULTANT shall use reasonable care to reflect requirements of appli.
cable laws, rules, or regulations or about which CITY specifically advises in
writing, which are in effect on date of agreement. CONSULTANT INTENDS TO
RENDER SERVICES IN ACCORDANCE WITH GENERALLY ACCEPTED PROFESSIONAL STANDARDS,
BUT NO OTHER WARRANTY IS EXTENDED, EITHER EXPRESS OR IMPLIED, IN CONNECTION
WITH SUCH SERVICES. CITY's rights and remedies in this agreement are ex-
clusive.
4.8 Period of Repose. Any applicable statue of limitations shall commence
to run and any alleged cause of action shall be deemed to have accrued not
later than completion of services to be performed by CONSULTANT.
4.9 Indemnification. CONSULTANT will indemnify CITY against claims for
bodily injury and for damage to tangible property that are result of negligent
error, omission, or act of CONSULTANT.
4.10 Extent of Agreement. Agreement represents entire agreement between
parties and may be amended only by written instrument signed by both parties.
//4
! 4.11 Payment.
4.11.1 If CLIENT fails to make payment within forty-five days after receipt
of statement, interest at maximum legal rate or at rate of 126, whichever is
r less, shall accrue, and in addition, CONSULTANT may, after giving seven days,
written notice, suspend services until it has been paid in full all amounts
t due it.
E
9
RESOLUTION N0. 88-166
RESOLUTION OF INTENT TO ENTER INTO A CHAPTER 28E AGREEMENT WITH
THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE,
OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY
PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY,
AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF
CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL
STREETS, AND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOWN ADDITION.
WHEREAS, the City Council of the City of Iowa City has determined that the
City is in need of additional storage capacity for potable water in the
vicinity of its Water Treatment Plant at 330 North Madison Street; and
WHEREAS, the Iowa State Board of Regents has determined that the Univer-
sity of Iowa is in need of a parking garage and chilled water facility to
YN service its North Campus, which facility is to be located upon University-
owned property and City-owned street right-of-way in and adjacent to a
block of property immediately adjacent to the City's Water Treatment
x Plant; and
Gi
F' WHEREAS, City and University staff members did engage in an engineering
study which demonstrated the feasibility of developing a University
F parking and chilled water facility and a City water storage facility as a
single, combined use facility on the site proposed by the University; and
WHEREAS, City and University staff members have negotiated and prepared an
Agreement addressing the design, construction, ownership, and operation of
such a facility, the allocation of design and construction costs therefore
between the City and the University, the conveyance of certain temporary
and permanent interests in property from the City to the University, and
the conveyance of certain permanent interests in property from the
University to the City; and
WHEREAS, pursuant to said Agreement, the City will be required to convey
to the University:
1. fee title to a vacated 10' wide strip of Capitol Street adjacent to
the facility;
2. fee title to a 24.5' wide strip of vacated Bloomington Street on the
i
north side thereof adjacent to the facility;
3. fee title to a 24.5' wide strip of vacated Bloomington Street on the
south side thereof adjacent to the Chemistry/Botany Building;
4. fee title to that portion of the East-West alley right-of-way in
Block 100, Original Town Addition, lying East of the west line of
Lots 2 and 3 in said block;
5. a temporary construction easement in a 20' wide strip of Capitol
Street adjacent to the facility;
6. a temporary construction easement in the City Water Treatment Plant
drive, located on Lots 6 and 7 in Block 100, Original Town Addition,
lying between the facility and the City Water Treatment Plant;
1116
■
Page 2
7. a 10' wide easement for University utilities in vacated Bloomington
Street, at a location to be approved by the Public Works Director;
8. an easement for a 20' wide fire lane in vacated Bloomington Street,
at a location to be approved by the Public Works Director; and
9. an easement for a fire lane in the City Water Treatment Plant drive,
located on Lots 6 and 7 in Block 100, Original Town Addition, lying
E between the facility and the City Water Treatment Plant; and
s WHEREAS, the City is required by law to declare by resolution its inten-
tion with respect to the disposition or conveyance of City -owned property,
and to give public notice thereof and hold a public hearing thereon before
disposing of such property.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, that this City Council does hereby declare its
intent to execute and enter into the said Chapter 28E Agreement with the
University of Iowa, thereby committing itself to the disposition and
j conveyance of properties and interests in properties as set forth above
and as outlined in the said Chapter 28E Agreement, a copy of which is
attached hereto and made a part hereof.
AND BE IT FURTHER RESOLVED that a public hearing on said proposal be and
is hereby scheduled during the regular meeting of the City Council on
August 9, 1988.
AND BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized
and directed to cause Notice of Public Hearing to be published as provided
by law relative to the proposal hereinabove set forth.
It was moved by Courtne and seconded by Ambrisco the
Resolution be adopte and upon rol call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
i X McDonald
X Strait
Passed and approved this 26th day of July 1988.
""g'7
ATTEST:
"
/' AprZlEorm..
ATTEST:�uj X : �, /216.1. -
CITY CLERK Legal Department
6
CHAPTER 28E AGREEMENT
Between the City of Iowa City
and
The University of Iowa
Providing for the Development, Use, Occupancy
Management and Operation of a Parking Garage and
Chilled Water Facility and a Water Storage Facility
E Witnesseth:
WHEREAS, the Iowa State Board of Regents has determined that the
University of Iowa is in need of aarkin
P g garage and chilled water
facility to service its North Campus, which facility is to be located upon
University -owned property and City -owned street right-of-way in and
adjacent to a block of property immediately adjacent to the City's Water
Treatment Plant; and
WHEREAS, the City Council of the City of Iowa City has determined that the
City is in need of additional storage capacity for potable water in the
vicinity of its Water Treatment Plant at 330 North Madison Street; and
i
iWHEREAS, City and University staff members did engage in an engineering
study which demonstrated the feasibility of developing a University
parking and chilled water facility and a City water storage facility, j
which facilities will be constructed by the University under a single
contract or set of contracts on the site proposed by the University; and
WHEREAS, City and University staff members negotiated and prepared this
Agreement addressing the design, construction, ownership, and operation of
such facilities and the allocation of design and construction costs there-
fore between the City and the University.
6
2
NOW, THEREFORE, the City of Iowa City (hereinafter "the City") and the
I'
State Board of Regents, acting on behalf of the University of Iowa
(hereinafter "the University") do hereby agree as follows:
d
f
Part I - Joint Exercise of Powers Under Cha ter 28E of the Code of Iowa.
I. Pursuant to Chapter 28E of the 1987 Code of Iowa, the parties do
hereby agree that the purpose of this Agreement is to jointly
exercise their respective powers to finance, develop, construct, own,
j operate and manage a public improvement, to -wit, facilities for the
parking of vehicles, the generation of chilled water for cooling
ibuildings, and a nominal one million gallon storage tank for potable
water supply, hereinafter referred to as "the facilities."
2. The Vice President for Finance and University Services of the
University of Iowa or her designee shall be designated as the
administrator for purposes of this Agreement as provided by Section
28E.6 of the Code of Iowa, and the Vice President or her designee
shall administer the contracts for the design and construction of the
facilities.
3. The development and construction of the facilities shall be jointly
financed by the City and the University as provided in Part II
hereof, and the operation and management of the facility shall be
jointly funded by them as provided in Part III hereof.
4. The facilities shall be constructed and located upon the property
described in Exhibit A hereto which is property owned in part by the
N
K
University and in part by the City of Iowa City, that the City -owned
property involved shall be conveyed to the University of Iowa as
provided in Part II hereof, subject to certain rights and interests
reserved and granted to the City of Iowa City as provided in Part II
hereof. The parties further agree that the City's water storage
facility shall be constructed as part of the facilities on that
portion of the property described in Exhibit A.
Part II - Development and Construction of Combined Use Facility.
I. Contracts for the Design and Construction of the Facilities.
The parties hereby agree that the University will contract for the
design and construction of the facilities. The plans and specifica-
tions incorporating the design of the facilities will be in
substantial conformance with the preliminary conceptual design
prepared by Herbert Lewis Kruse & Blunck Architecture, the
University's project consultant and architect, as set forth in their
feasibility study, dated February 24, 1988, which is incorporated
herein by reference.
2. City's Review and Approval of Plans and Contribution of its Share of
Design Costs.
The City shall have the right to review and approve that portion of
the plans, specifications, form of contract, and estimate of costs
having to do with the water storage facility, such determination of
approval to be given within fifteen (15) days of submission of same.
4
If the final design of the water storage facility as reflected in the
plans and specifications is in substantial conformance with the
preliminary conceptual design, or is otherwise acceptable to the
City, and if the estimate of costs for construction of the City's
water storage facility is in substantial conformance with the
preliminary estimate of $550,000 developed in conjunction with the
feasibility study, then in that event the City shall be required to
approve same within ten (10) days from submission thereof to the City
by the University. The estimate of costs shall separately identify
the estimated cost to construct the University's chilled water
facility and parking garage, and the City's water storage facility.
Upon City's approval of said design, the City shall be obligated to
pay its share of the design costs incurred by the University. The
University shall, from time to time appropriate to the progress of
the project, submit to the City itemized applications for payment and
supporting documents substantiating the expenditure by the
University, and the City shall promptly reimburse the University the
portion of the University's costs which are attributable to the water
storage facility. The City's share of costs for the design,
construction bidding and negotiating, preparation of bid documents,
and construction observation by the project consultant and architect
for the water storage facility portion of the facilities shall not
exceed $45,400.00.
6
f
3
5
University's Competitive Bid Process.
The University agrees that, after it has approved the plans and
specifications, form of contract, and estimate of costs pursuant to
Chapter 262 of the Code of Iowa, it will secure a bid or bids for
construction of the facilities. The University will have sole
responsibility for the competitive bid and contract award process,
which process shall be conducted in conformance with Iowa State Board
of Regents rules and procedures governing such matters. After bids
are received and opened, the University shall furnish the City with a
tabulation of all bids received.
4. University's Award of Construction Contract City's Costs.
The parties agree that the University will accept a bid or bids for
construction of the facility and will take appropriate action on the
bid or bids in accordance with the rules and procedures of the Iowa
State Board of Regents. The parties hereby understand that the City .
has agreed to a maximum dollar commitment on the construction costs
Of $550,000, exclusive of any extra work orders pertaining to the
water storage facilities.
If the dollar value of the work pertaining to the water storage
facility exceeds the City's maximum dollar comnitment,the City may
review the bid and determine whether it desires to proceed with the
construction. If it elects not to proceed with the construction
project, the City may terminate this agreement as set forth in
Section III, subsection 2 and will be liable to the University for
6
7
the reasonable costs associated with the redesign and rebidding of
the project to eliminate the water storage facility from the project.
° 5. City's Obligation to Contribute its Share of Construction Costs and
to Convey Property and Easements to the University University's
Obligation to Convey Easements to the City.
The City agrees that, upon the University's award of a contract or
contracts for construction of the facilities, including the City's
water storage facility, the City shall be obligated to contribute to
the University a sum equal to the bid
price of the construction bid
accepted, multiplied by the City's construction cost share percen-
tage, said sum to be paid in payments as provided in Section 6.
The City further agrees that, upon the University's award of a
contract or contracts for construction of the facilities, or for
construction of the parking and chilled water facility only, the City
shall be obligated to convey to the University the following
interests in the following properties:
(a) fee title to the East 10' of the West 20' of Capitol Street from
the South line of Davenport Street to the North lien of
Bloomington Street, vacated pursuant to City Ordinance No. 88-
(b) fee title to the North 24.5' of the vacated portion of
Bloomington Street adjacent to the facility, vacated pursuant to
Ordinance No. 88- , lying between the West line of Lot 3,
1116
A
7
Block 100, Original Town Addition (East line of City Water Plant
property) and the West line of Capitol Street;
(c) fee title to the South 24.5' of the vacated portion of
Bloomington Street adjacent to the Chemistry/Botany Building,
vacated pursuant to Ordinance No. 88- , lying between the
West line of Lot 3, Block 100, Original Town Addition (East line
Of City Water Treatment plant property) and the West line of
Capitol Street;
(d) fee title to that portion of the East-West alley right-of-way in
Block 100, Original Town Addition, lying East of the East line
of the North-South alley in said block;
(e) a temporary construction easement in the East 10' of the West
30' of Capitol Street, lying immediately East of that portion of
Capitol Street vacated pursuant to Ordinance No. 88 -
from the South line of Davenport Street to the North line of
Bloomington Street;
(f) a temporary construction easement in the North-South alley in
Block 100, Original Town Addition, reserving to the City an
unrestricted right of access thereto;
(g) a 10' wide utility easement for the installation and maintenance
of University chilled water lines in vacated Bloomington Street,
from the West line of Capitol Street to the West line of Lot 3,
Block 100, Original Town Addition;
9
8
(h) an easement for a 20' wide fire lane in vacated Bloomington
Street, from the West line of Lot 3, Block 100, Original Town
Addition to a point ' East thereof;
(i) an easement for a fire lane in the North/South alley in Block
100, Original Town Addition, lying between the facility and the
City Water Treatment Plant, reserving to the City an
unrestricted right of access thereto;
all as per Exhibits B, C, D, E and F attached hereto and made a part
hereof.
The parties hereby agree that the location of the easements for the
fire lane and for the chilled water lines within the vacated portion
Of Bloomington Street shall be subject to the approval of the City
Public Works Director. With respect to the fire lane and utility
easement conveyances in the vacated portion of Bloomington Street, it
is agreed that the exact description of the properties to be conveyed
will be determined at a later date.
With respect to the fire lane easement in vacated Bloomington Street,
the University agrees to construct a 20' wide driveable surface,
utilizing materials approved by the Chief of the Iowa City Fire
Department, and agrees to maintain said fire lane in an accessible
condition for Fire Department apparatus. The University further
agrees to surface and/or landscape the remainder of the vacated
9
Bloomington Street
appropriate condition.
9
right-of-way, and to maintain same in an
P
v
The University agrees to convey to the City, concurrently with the
City's conveyances as indicated above
(a) utility easement for two
existing water mains in vacated Davenport Street west of Capitol
Street, (b) a utility easement between the water storage facility and
the City Water Treatment Plant for piping and necessary
appurtenances; and (c) an easement for access to the water storage
facility for operation, maintenance, and repair, all as per Exhibit F
hereto. The University further agrees to take, and to cause its
construction contractor to take, reasonable precaution during the
construction of the facilities to protect and preserve the said water
mains in vacated Davenport Street from disturbance or damage.
6. Calculation of City and University Construction Cost Share
Percentages - Payment Schedule for City Share of Construction Costs.
The City's construction cost share percentage shall be calculated as
i
follows:
Iowa City's construction cost share percentage = the estimated
cost to construct the City's water storage facility : the total
estimated cost to construct the facilities, all as per the
Project consultant's estimate approved as provided in Part II,
paragraphs 2 and 3 above.
10
The University's construction cost share shall be calculated as
follows:
University's construction cost share percentage = the estimated
cost to construct the Combined Use Facility less [-] the
estimated cost to construct the City's water storage facility
the estimated cost to construct the facilities, all as per the
project consultant's estimate approved as provided in Part II,
paragraphs 2 and 3 above.
The University shall pay the full amount of each progress payment to
the construction contractor, after review and approval thereof by the
University.
The City's contribution to the cost of construction shall be paid as
follows:
(a) Periodic progress payments: Each payment from the City shall be
due and payable fifteen (15) days after receipt of the
contractor's pay estimate from the University accompanied by a
statement of charges and supporting documents substantiating the
expenditures, as per paragraph 2, here and above. The progress
payments will be based upon a schedule of values submitted by
the contractor. The City will have an opportunity to review and
comment upon the contractor's schedule of values before it is
approved by the University.
- 11
(b) A final payment as per the final accounting pursuant to para-
graph 12 hereinbelow.
E
(c) Change order payments as per paragraph 8 hereinbelow.
The City's project representative shall process all periodic progress
payments on behalf of the City.
7. City's Project Representative - City's Right of Access to Construc-
tion Site.
The City hereby designates its Public Works Director as its project
representative to act on its behalf during the construction phase for
purposes hereafter specified. The City's project representative, or
his designee, shall be entitled to access to the construction site at
all reasonable times to determine the progress of construction and
its conformance with the plans and specifications, and to make
inspections and tests for said purposes, provided, however, that
nothing herein shall affect the right of the University or relieve
the University of its obligation to administer the construction
contract and to inspect the work as "owner" of the project under the
construction contract, pursuant to paragraph 9 hereof.
8. Change Orders to Construction Contract - Allocation of Costs Between
City and University.
It is agreed by the University and the City that change orders
affecting the construction of the facilities may arise and each party
N
12
shall be responsible for paying its share of the increased costs as
r
determined by the project consultant and architect, Herbert Lewis
i Kruse Blunck Architecture.
All change orders to the construction contract, which materially
affect the water storage tank or appurtenant piping or facilities, or
which would increase the overall cost of the project to the City,
shall be submitted to the City for approval or disapproval. The City
shall approve or disapprove all such change orders submitted by the
University in writing within seven (7) working days after their
submission. If the City fails to respond within said seven (7) day
period, the City shall be deemed to have approved the change order.
As to any change order which results in additional cost to the
project, the City shall be required to pay such additional cost if
the change order pertains to the water storage tank or appurtenant
piping or facilities; provided, however, if such change order
pertains to the University's parking garage or chilled water
facility, but is necessary to accommodate the construction of the
City's water storage facility, the City shall be required to pay its
share of the additional cost of such change order. If such change
order pertains only to the University's parking or chilled water
facility, the City shall not be required to contribute to the
additional cost of such change order. Any costs associated with
change orders for the City shall be paid in addition to payments made
as per the base contract formula set forth in paragraph 6 herein-
above.
a
13
9. City and University Obligations
with Respect to Construction.
The City shall obtain all necessary permits to construct and operate
the water storage facility.
The University shall, as 'owner" under the construction contract,
administer and manage the construction of the facilities according to
Iowa State Board of Regents Rules and Procedures. The City shall
have access to all test -data of construction materials and methods
compiled by the University. The University agrees to make all such
materials available to the City upon request.
The University shall provide to the City after completion of
construction of the facilities copies of "shop drawings" and "as -
built" drawings for the water storage facility and its appurtenant
wiring, piping and equipment and the City shall pay for any costs
associated with the preparation of "as -built" drawings.
The University or its contractor shall effectuate all relocations,
alterations, adjustments or removal of utility facilities, including
power, telephone lines, water mains and hydrants, curb boxes, storm
and sanitary sewers, utility poles, steam lines, gas lines and all
related installations and appurtenances, whether privately or
Publicly owned; shall effectuate the removal and replacement of all
parking meters, traffic signs, pavement and sidewalk, and other
facilities which are located within the limits of construction or
which are otherwise affected by the construction of the project; and
shall place and maintain traffic control devices, signing, pavement
9
14
markings, barricading, and fencing around the site during
construction.
The City shall pay the University's costs for inspection and admini-
stration of the construction of the water storage facility portion of
the facilities.
The University's costs for construction inspection of the water
storage facility portion of the facilities shall not exceed the
amount of $17,000. The City shall pay that amount to the University
in installments to accompany each periodic progress payment. The
amount of each such payment for cost of inspection shall be in the
same proportion to the above amount as the periodic progress payment
bears to the City's total share of the contracted construction cost
for the project, with the final payment therefore to be computed and
paid as provided in Part II, paragraphs 12 and 13.
The University's cost for administration of construction of construc-
tion of the water storage facility portion of the facilities shall
not exceed the amount of $3,000. The City shall pay that amount to
the University within 30 days after final acceptance of the
facilities by the City and the University as provided in Part 11,
paragraph 10.
10. Inspection and Acceptance of the Facilities.
Upon certification by the contractor that construction has been
completed, City and University representatives shall inspect the
9
15
facilities. Said representatives shall jointly prepare the "punch
list" for final contractor action prior to formal acceptance. Upon
determination by said representatives that construction of the
facilities is complete and should be accepted, the University shall
by formal action approve and accept the facilities as complete.
11. University's Final Accounting of Construction and Construction
Inspection Costs - City's Final Payment.
Upon completion of the facilities, the University shall make a final
accounting of all costs which it has incurred under the contract(s)
for the construction of the facilities. Said accounting shall show
(a) the total amount of all progress payments made to the
contractor(s); (b) all periodic progress payments made by the City
and by the University; (c) the total amount of construction inspec-
tion costs paid by the City; and (d) the amount of construction
inspection costs remaining unpaid.
The University shall make a final accounting of all amounts due and
owned by the City and shall submit it to the City.
The City's final payment shall be due and payable within 30 days of
the University's submission of the final accounting to the City.
12. Requirements of Law.
The parties agree that the University shall, at its own cost and
expense, promptly observe and comply with all present and future
I
16
laws, ordinances, requirements, orders, directions, rules and
regulations of all governmental authorities having jurisdiction over
it with respect to the design and construction of the facilities.
The parties agree that the City shall, at its own cost and expense,
promptly observe and comply with all present and future laws,
requirements, orders, directions, rules and regulations of all
governmental authorities having jurisdiction over it with respect to
the design and construction of the facilities.
Part III - Use Occupancy. Manaoement and Operation of Combined Use
Facilities.
1. Grant of Right to Use and Occupy.
In consideration of the City's conveyance of property for the
facilities, its contribution to the cost of construction and its
commitment to contribute to the ongoing costs of operation and
maintenance of the facilities as hereafter provided, the University
grants to the City the right to use and occupy the water storage
facility portion of the facilities, as hereafter provided. The
parties agree that the City shall have the exclusive right to use and
occupy the water storage facility for storage of potable water.
2. Premises and Term.
The University hereby agrees that the City shall, during the term of
this Agreement, have the right to use and occupy the water storage
facility for the purposes hereafter provided. The City's right to
17
use and occupy the water storage facility shall commence upon
completion of the facility by the University's contractor, as
provided in Part I1, paragraph 10 hereof.
This Agreement and the City's right to use and occupy the premises
shall terminate on December 31, 2038, and the City will vacated the
premises; provided, however, if the City desires to extend its use of
the facilities, the City shall give the University 180 days prior
written notice of its interest in continuing use of the water storage
facility, at which time the University and the City will negotiate a
renewal term for the City's continued use of said facility, unless
such renewal will impede or impair the University's use of its
property.
The City shall, upon 180 days prior written notice, have the right to
abandon its use and occupancy of the water storage facility.
3. Possession and Use of Premises.
The parties agree that the University's use of the premises will
consist, initially, of parking for vehicles and the generation of
chilled water for University buildings, that the City will use the
water storage tank portion of the facilities for the storage of
potable water, and that the parties will confine their respective
uses to those portions of the facilities designed and constructed for
those uses; provided, however, that upon completion and acceptance of
the facilities, the University shall be entitled to utilize the top
surface of the water storage facility for University recreational
9
18
uses. Upon establishing recreational usage of said top surface, the
University shall assume the care, custody, and control of the top
surface for said purposes.
4. Operation and Maintenance.
The University shall have responsibility for the proper and prudent
operation and maintenance of the parking garage and chilled water
facility, and for the building and grounds.
The City shall have responsibility for the proper and prudent
operation and maintenance of the water storage facility portion of
the facilities, under all applicable laws, rules, and regulations.
As to structures, appurtenances, and equipment which serve, support,
or protect both the City's water storage facility and the
University's parking garage and/or chilled water facility, the
parties agree to share costs for the maintenance and repair thereof.
Such costs shall be shared in the same proportion with each party's
cost share percentage thereof computed as provided in Part II,
paragraph 6 above.
Part IV - General Provisions.
1. Dispute Resolution - Arbitration.
The University and the City agree that any dispute arising between
them in the application or interpretation of this Agreement may be
19
v
submitted to arbitration on the request of either the University or
the City. Any request for arbitration from one party to the other
must be in writing. Upon receipt of a request for arbitration, the
parties shall sign and acknowledge a written agreement specifying
which demands are to be submitted to the arbitrators, and the
arbitration proceeding shall be limited to such demands.
(a) If the parties agree, there may be one arbitrator; otherwise
there shall be three, one named in writing by each part to this
Contract and the third chosen by these two arbitrators.
If they fail to select a third within fifteen days, then such
arbitrator shall be chosen by the presiding officer of the state
or county bar association nearest to the location of the work
Should the party requesting arbitration fail to name an
arbitrator within ten days of its demand, its right to arbitra-
tion shall lapse. Should the other party fail to choose an
arbitrator within the said ten days, then such presiding officer
shall appoint such arbitrator. Should either party refuse or
neglect to supply the arbitrators with any papers or information
demanded in writing, the arbitrators are empowered by both
parties to proceed ex parte.
(b) No one shall be qualified to act as an arbitrator for whom
serving in such a role would create a conflict of interest.
Each arbitrator selected shall be qualified by experience and
knowledge of the work involved in the matter to be submitted to
arbitration.
20
(c) if there be one arbitrator, the award shall be binding; if
three, the award of any two shall be binding and may be
impeached only for fraud or mistake. Such award shall be a
condition precedent to any right of legal action.
(d) The arbitrators, if they deem that the case demands it, are
authorized to award to the party whose contention is sustained
such sums as they deem proper for the time, expense and trouble
incident to the arbitration and, if the arbitration was taken
without reasonable cause, damages for delay.
(e) The costs of arbitration shall be shared equally by the parties.
(f) The award of the arbitrators shall be in writing and it shall
not be open to objection on account of the form of the
proceeding or the award.
2. Declaration of Default and Notice• Remedies Upon Default.
In the event that either party determines that the other has
defaulted in the performance of its obligations hereunder, the
aggrieved party may declare that default has occurred and give notice
thereof to the defaulting party. Notice of default shall be given in
writing, shall specify the nature of the default and the provision of
the Agreement involved, and shall specify what action is required of
the defaulting party to correct the default. The defaulting party
shall have 30 days from the date of its receipt of the notice of
21
default to correct the default. If at the end of said 30 -day period
the default has not, in the opinion of the aggrieved party, been
corrected, that party may thereupon pursue all lawful remedies,
including termination of this Agreement.
3. Effect of Termination or Abandonment.
In the event that this Agreement is terminated as provided in Part
IV, paragraph 2, or as provided in Part III, paragraph 2, or in the
event the City abandons the water storage facility as provided in
Part III, paragraph 2, then in those events the City's right to use
and occupy the water storage facility shall cease, the City's utility
easement between the water storage facility and the City Water
Treatment Plant, as per Exhibit F, shall extinguish, and the
University shall assume full responsibility for the operation and
maintenance of that property and those facilities.
4. Liability and Insurance.
The University agrees to reimburse the City its costs and expenses
for the repair of damage to the water storage facility and
appurtenant structures and facilities caused by the University's
negligence in the performance of its duties to operate and maintain
its facilities as hereinabove provided, to the full extent permitted
by Chapter 25A of the Code of Iowa, entitled "State Tort Claims Act,"
and according to the procedures set forth therein.
9
zz
The City agrees to reimburse the University its costs and expenses
for the repair of damage to the parking garage or chilled water
generation facility caused by the City's negligence in the
performance of its duties to operate and maintain the water storage
facility as hereinabove provided, to the full extent permitted by
Chapter 613A of the Code of Iowa, entitled "Tort Liability of
Governmental Subdivisions," and according to the procedures set forth
therein.
The City and the University agree that the University shall maintain
property insurance on the chilled water and parking garage
facilities, as appropriate according to University policies and
procedures. The University's property insurance does not and will
not cover the City's water storage facility, and the City shall be
responsible for all such losses to the water storage facility.
5. Captions.
The captions of the various articles of this Agreement are inserted
only as a matter of convenience and for reference and in no way
define, limit, or describe the scope or intent of this Agreement, nor
in any way affect this Agreement.
N
RESOLUTION NO.
RESOLUTION OF INTENT TO ENTER INTO A CHAPTER 28E AGREEMENT WITH
THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE,
OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY
PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY,
AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF
CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL
STREETS.
WHEREAS, the CiCouncil of the City of Iowa City has deter fined that the
City is in need f additional storage capacity for potab a water in the
vicinity of its Wa er Treatment Plant at 330 North Madis Street; and
WHEREAS, the Iowa St to Board of Regents has determ' ed that the Univer-
sity of Iowa is in ne d of a parking garage and ch' ed water facility to
service its North Camp , which facility is to be ocated upon University -
owned property and Cit owned street right -of -0y in and adjacent to a
block of property imme 'ately adjacent toa City's Water Treatment
Plant; and
WHEREAS, City and UniversitX staff member did engage in an engineering
study which demonstrated t feasibil' y of developing a University
parking and chilled water facility and City water storage facility as a
single, combined use facility o the s' a proposed by the University; and
WHEREAS, City and University sta
Agreement addressing the design,
such a facility, the allocation
between the City and the Univer
and permanent interests in pro
the conveyance of certain p
University to the City; and /
tubers have negotiated and prepared an
truction, ownership, and operation of
sign and construction costs therefore
the conveyance of certain temporary
from the City to the University, and
It interests in property from the
WHEREAS, pursuantto said greement, tl
to the University:
1. a temporary const uction easement
Street adjacent t the facility;
2. fee title to vacated strip of
facility;
City will be required to convey
a vacated strip of Capitol
tol Street adjacent to the
3. fee title to a strip of vacated Blooming n Street on the north side
thereof adj ent to the facility;
4. fee title o a strip of vacated Bloomington Street on the south side
thereof jacent to the Chemistry/Botany Bui ing;
5. a), easement for University chilled water lines in vacated Bloomington
Street;
1116
9
Page 2
6. an easement for a 20' wide fire lane in vacated Bloomington Street;
and
7. an easement for a fire lane in the north/south alley between facility
and the City Water Treatment Plant; and
WHEREAS, the City is required by law to declare by resolution its inten-
tion with respect to the disposition or conveyance of City -owned property,
{ and to give public notice thereof and hold a public h aring thereon before
disposing of such roperty.
NOW, THEREFORE, BE NO IT IS HEREBY RESOLVED B THE CITY COUNCIL OF THE
CITY OF IOWA CITY, WA, that this City Coun 1 does hereby declare its
intent to execute and enter into the said C pter 28E Agreement with the
University of Iowa, ereby committing i self to the disposition and
conveyance of propertie and interests i properties as set forth above
and as outlined in the said Chapter 2 Agreement, a copy of which is
attached hereto and made part hereof
AND BE IT FURTHER RESOLVE that a blic hearing on said proposal be and
is hereby scheduled durin the r gular meeting of the City Council on
August 9, 1988.
AND BE IT FURTHER RESOLVED th the City Clerk be and is hereby authorized
and directed to cause Notice f Public Hearing to be published as provided
by law relative to the prop a hereinabove set forth.
It was moved by and seconded by the
Resolution be adopted, a d upon 11 call there were:
AYES: NAYS: ABSENT:
Ambrisco
Courtney
Dickson
Horowitz
Larson
McDonald
Strait
Passed and approved this day of 1988•
MAYOR
Ap e a Form
ATTEST:
CITY CLERK Legal Department
IH(
I
RESOLUTION NO. 88-167
RESOLUTION OF INTENT TO CONVEY POWER LINE EASEMENTS TO IOWA -
ILLINOIS GAS AND ELECTRIC COMPANY, ALL IN CONNECTION WITH THE
CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR THE SOUTH
t' WASTEWATER TREATMENT PLANT.
WHEREAS, the City of Iowa City, Iowa, has undertaken a project to improve
its wastewater facilities, including the construction of a new wastewater
treatment facility to be constructed in the NEIA of the NEIA of Section
35, Township 79 North, Range 6 West of the 5th P.M. in Johnson County,
Iowa; and
WHEREAS, in conjunction with the rezoning of said site by Johnson County,
the City is required to acquire and establish its plant access road to the
south of said site to a County Road on the south line of said Section 35;
and
WHEREAS, the route chosen by the City for its plant access road parallels
an existing Iowa -Illinois electric transmission line and encompasses its
access easement thereto; and
WHEREAS, the City commenced proceedings to acquire by condemnation said
roadway right-of-way from three property owners in the SETA of the said
Section 35, but did not reserve therein to Iowa -Illinois either the right
to have its transmission line overhang the road right-of-way or the right
of access over said property to maintain said transmission line; and
WHEREAS, it was and is the City's intent to acquire the said roadway
right-of-way subject to Iowa -Illinois' right to overhang and its right of
access for maintenance purposes; and
WHEREAS, Iowa -Illinois has requested the City to convey back to it, upon
completion of said condemnations, easements allowing its transmission line
to overhang and allowing it access thereto over the City's roadway right-
of-way for maintenance purposes; and
WHEREAS, Iowa -Illinois has prepared and submitted such easements for
execution by the City, which easements have been reviewed and approved by
the City Public Works and Legal Departments.
NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA does hereby declare its intent to dispose of
easements in favor of Iowa -Illinois Gas and Electric Company, allowing the
Company's electric transmission line to overhang the road right-of-way
being acquired by the City, and allowing the Company access thereto for
purposes of maintaining the said transmission line, said disposal to occur
upon the City's completion of condemnation proceedings to acquire said
road right-of-way.
AND BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized
and directed to cause Notice of Public Hearing to be published as by law
provided relative to the procedure hereinabove set forth.
It was moved by Ambr.isco and seconded by Courtney the
Resolution be adopted, and upon roll call there were:
1117
Page 2
AYES: NAYS: ABSENT:
X Ambrisco
K Courtney
X Dickson
X Horowitz
R Larson
X McDonald
X Strait
Passed and approved this 26th day of _ July 1988.
a+
OR
/J App o e as o Form
ATTEST: ��J �f •ty�J
CITY -CLERK Legal Department
i;
r
I
I
I
I
I
Page 2
AYES: NAYS: ABSENT:
X Ambrisco
K Courtney
X Dickson
X Horowitz
R Larson
X McDonald
X Strait
Passed and approved this 26th day of _ July 1988.
a+
OR
/J App o e as o Form
ATTEST: ��J �f •ty�J
CITY -CLERK Legal Department
1
IOWA.NUNOIS OAS AND ELECTRIC COMPANY
ELECTRIC EASEMENT
(OVERHANG)
i N. E. Schverz,_ Davenport (RURAL) ce.r-
.wJchnson _ye, Sweet ,, 5th
—.,__L9 North .. 35
The undeniEned awoerQ),_ CSty_of_Iova CSCY• Zowya munic�al_cOLporatiQO,_.
r
and the undealgaed
and across the rW stets located I, County in the State of-3nva._.____. decrlaed
u fo0ova:
A tract of land 25 feet wide situated in the Southeast Quarter (SE4)
of Section 35, Township 79 North, Range 6 Nest of the 5th Principal Meridian,
Johnson County, Iowa; said tract of land being the westerly 25 feet of the
roadway to the City's South Wastewater Treatment Plant described as follows:
Coamencing at a found Concrete Monument at the Southeast corner of the
Southeast Quarter (SE4) of Section 3S, Township 79 North, Range 6 West of
the 5th Principal Meridians thence S870 57. 26•N Can assumed bearing), along
the south line of said Southeast Quarter (SE4), 934.10 feet, to the Point of
Beg�nning; thence S870 57' 260N, along said South line, 66.59 feet; thence
N09 39' 320W 1431.47 feet, to the North lige of the Southeast Quarter (SE4)
of said Southeast Quarter (SE4); thence NBB 07' 0209, along said North line,
66.61 feet; thence 5090 39' 32•E, 1431.28 feet, to the Point of Beginning.
Said tract of land contains 96,467 square feet, more or less.
rr rle.aer.we,y rrWryy wrwrraer .r rw..r...,wr�rrwr..
., Y SONY WI W Ww YJ ..OW� � . �1rt W "�,� M. YI wl� .Y...11. Y . �i�� / •Y
WYYV•.w MFp.M .4�.ePeerl A.a wJ.e.ane�wi,..er�r.,l ,..e. �e rY ,V ..�
Signed, ended and delireed thio_ day of
CITY OP IOWA CITY, IOWA
TZ OF UY
a
CO or
P*Uk te W XA-D.
d awe efaerW. a lei/
WI —.
PwernP bsue saes rrle) Y
(we) ee, 0 -/Peer efw. r tew
4r Y Per W eteeeA eeeer.._--�--
he W eeiewed Ori M festaOhs vele r ML Yet
AD, te_
Icy, W)
r.. eu ,e.nan
COPY see. I—DOCUMENT ti DOCUMNT N
1117
IOWA41LINOIS GAS AND ELECTING COMPANY
ELECTRIC EASEMENT
(OVIRMNO)
M. Ez jnvenoort (11NEAL) CMOs
99 f9 Mr �+ Johnson JY 6 Heat rSAY
1s,s 79 North „r-35
TheundealgoWoa,Oer(e) CitY—of Iowa CStY Iowa, a municipal_cUp9SLS140.___..
and the undersigned
and won the roo estate lOuted la__42h➢jq.O_-_Co"ty In the State of._.low- ..�.__� deeaHwd
as fouan:
A tract of land 25 feet wide situated in the Southeast quarter (SE%I of Section 15,
T10nuhiP 79 North, Wqa 6 Nest of the Sth Principal Meridian, Johnson County, Iowa said
tract of land Ging the waterly 25 feet of the roadway to the Cityss South W%2tewatar
Tnatasnt Plant described of lollowse
Coroncing at • found caner@" rnor,lt at the Northeast corner of the Southeast quarter
(SE%) of Section 15, 3twnahip 79 North, Range 6 Nest of the 5th Principal Meridian, thence
5010 52' 39•E (an ssaurd bearing), along the East line of said Southeast Quarter ISE%):
620.66 foot, " the Northeast corner of the South Self 1541 of the North Half (m) of said
Southeast quarter (5E4), thence SSBo 03' 469,, along the North lino of said South Half (54)
of the North Half INN), 1,212.54 foot, " the Point of Mginningl thence 5090 39' 32eE,
625.25 foot, to a point on the South lino of said South Half (S%1 of the North Half (N%I,
thence SOSO 07' 02.10, along said South lines 66,61 fast) thence H090 39' 32.106 621.07 foot,
thence 10020 04' Was 0.47 foot, thence 5380 S31 53.10, 45.75 foot, then" 1002 04' 36.11,
x8.23 fast, to a point on the North line of said South Hall (5%) of the North Half (M)) thence
NBB 03' 46.X, along said North lino, 96.06 feet, m the Point of beginning. Said tract of land
contains 41'890 sgusaa fast, r" Or leu. ,
81gaed, sasied and dsileaed thlsday Of 19_
CITY OF IOWA CITY, IOWA
y mayor
res w a r wp. Goo r Bee .!errw at
ssaeeslb bes r r e F ser e►er aarld e
lace) eelseoM a Mae h,elelaa 4so,.4 W"e r Nae
w e NICD
APA low
bas use Drell M r r wager K r.M1 r
dr rt q NSW saw, by as Le.
AD. 11__.
r
COP/ Na 1—DOCUMENT IIIE DOMSNEW
i
1
IOWA4111NOIS GAS AND ELECTRIC COMPANY
0s "�'"'•tiEUC74C EASEMENT
R. E. Schwarz, Devenport (OVERHANG)
56-7 puW1 to. w
r..•r •__.i hn. _ _.fi..WCBt_rSth -mea
r,�Yys 79 North 35
7be undersigned owner(s), City of Iova City Iowa a municipal corporation _,
and the underelgned
and aeroee the rte astats located 1N...JQhn1.QD_.__Count7 in the State ot_3DYL.___. drseribad
a fQWW: A tract of land 35 feet wide situate in the Scuthsast quarter (59%1 of Section
35. Township 79 North, "a 6 west of the Sth Principal Naridiane Johnson County. Iowa, said
User of land Wing the westerly 25 feet of the roadway to W City's South Wastewater Treat -
sent Plant described as follaww
commencing at a found concrete monument at the Northeast earner of the Southeast quarter
(SEk) of Section 35. 'Itwnship 79 North. Range 6 west of the Sth Principal Heridlan; thence
SBBO 00' 28'w (an assumed bearing)p along the North line of said Southeast Quarter (SE%j,
1,214.75 fast, W the Point of Beginning; thence 5030 04' 36'E 517.56 fmets thence N53 35'
12 'is 36.33 feet; thence 5020 04' 36'5. 50.00 feats thence S53a 35' 12'11, 36.33 feet; thence
503 04' 36'E, 41.18 fast] thence 509 39' 32'E, 0.46 feet, to W South line of the North Half
(N4) of the North Half (NN) of said Southeast Quarter (Wg)s thence 11880 034 46'11, along said
South line, %.06 fast; thence H020 04' 36'11, 11.77 fast; thence 1138 53' 5349, 45.75 feets
thence 801° 04' 36411, 573.05 fact, W • point on the Worth line of said Southeast Quarter (SE5) I
thence N88o 00' 38'9, along said North line, 66.00 fast, W W Point of Beginning. Said tract
of land contains 43.257 square feet, more or less.
e.ar. wlVar.�•• •we�WaYe.l of W+Y�YYILwv Yea. Yew.Ye�YYwewr YlYe eYY �,
&y ewe !E. ffm Yw YerY�Y -.= �� Y YM Yee w� w.Ye Y YY,W Y •.� ewel-O.I YY��yw,wer
pay ewW Y Y V•w•. W Y..•YYI Y Y ,w • .YY.� W Y 1111• Yw1�.Y Y M
Yw11YY. �_Y�YI� MYYaY Y Y 1111 Y` d. W M}•n OYY • Y A W w W N. W YYI .V Y�
Signed, smiled and delltued this_ YY� _da7 of
\ City of Iowa City, Iowa
TO O/ 1 r Y yor
Co Y OP 11
I^ -.--. e N RY City -clerk
Peak h W fe V Ce.p W Rhee afwrl4 as Waal
er _
Women, bre h as Y w mer ear merle) h
Nuel seleareel as W fesAehe aNrM Ia4e r IIY
ear Is sari W atbeh14e1
dsuA Nle/ W &H ewe a w
ha,W Ywotay set f ewe W •• u•da as WL
Olen aW so e- . eeel av / • jf
A.D. U_
SNiseld sea)
rwe tu.w u mea,
COPY Ns. t-DOCUMM FU DOCI111MT Na.—
RESOLUTION NO. 88-168
RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A LICENSE AGREEMENT
BETWEEN THE CITY AND AMERICAN TELEPHONE AND TELEGRAPH COMPANY TO
PROVIDE FOR THE INSTALLATION AND MAINTENANCE OF A FIBRE OPTIC CABLE
SYSTEM IN CERTAIN CITY STREETS FOR THE PROVISION OF LONG DISTANCE
TELEPHONE AND TELECOMMUNICATIONS SERVICE TO IOWA CITY AND ITS
ENVIRONS.
WHEREAS, pursuant to Iowa Code (1987), Section 364.1112, Iowa cities are
responsible for keeping public grounds, streets, sidewalks, alleys,
bridges, culverts, overpasses, underpasses, grade crossings, public ways,
squares, and commons open, in repair, and free from nuisance; and
WHEREAS, Iowa Code (1987) Section 364.2(4), authorizes Iowa cities to
grant public utility franchises regulating "the conditions required and
the manner of use of the streets and public grounds of the city...." and
Iowa City has granted such franchises to gas, electric, and telecommunica-
tions companies, each of which has installed wires, pipes, conduits, and
related equipment over, under, across and upon public property throughout
the City; and
WHEREAS, in addition to franchise utilities, the City of Iowa City
operates utility systems that provide water and sewer service to its
residents, which include water and sewer lines, pipes and appurtenances
over, under and across public property in the City; and
WHEREAS, American Telephone and Telegraph Company (hereinafter "AT&T" or
"the Company") desires to construct, own, operate and maintain an under-
ground fibre optic cable system through Iowa City to provide long distance
telephone and telecommunications service to Iowa City and its environs;
and
WHEREAS, the said fibre optic cable system will follow a route generally
under and along Mormon Trek Boulevard from the Coralville City Limits on
the North until it exits Iowa City at the Highway 218 right-of-way on the
Southwest border of Iowa City; passing under numerous City of Iowa City
streets, sidewalks, and alleys along said route; and
WHEREAS, AT&T has not heretofore obtained the authority or permission of
the City of Iowa City to place said fibre optic cable system under and
across city street and alley right-of-ways; and
WHEREAS, a License Agreement has been negotiated and prepared, which
License Agreement would extend to AT&T the right to place its fibre optic
cable system in certain City streets and would serve to minimize conflicts
and promote cooperation between the City and AT&T in the operation of
their respective utility systems; and
///8
N
Resolution No. 88-168
Page 2
WHEREAS, this City Council has been advised and does believe that it would
be in the best interests of the City of Iowa City to approve and execute
said License Agreement in favor of AT&T.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the "License Agreement Between the City of Iowa City,
Iowa, Licensor, and American Telephone and Telegraph Company (AT&T),
Licensee" a copy of which is attached hereto and made a part hereof,be,
and the same is hereby approved as to form and content.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are
hereby authorized and directed to execute and attest, respectively, said
License Agreement for and on behalf of the City of Iowa City.
It was moved by Horowitz and seconded by Larson the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
—� Dickson
X Horowitz
X Larson
X McDonald
—� Strait
Passed and approved this 26th day of July 1988.
OR
A r d as Form
ATTEST: J •et,4�
CITY -CLERK
7/a//kr
Lego Department
9
LICENSE AGREEMENT BETWEEN
THE CITY OF AMERICAN TELEPHONE AIDWTEL GY
TELEGRAPH C014PAIENSOR(AT&T),JDICENSEE
RECITALS
Witnesseth:
A. WHEREAS, pursuant to Iowa Code (1987), Section 364.12, Iowa cities are
responsible for keeping public grounds, streets, sidewalks, alleys,
bridges, culverts, overpasses, underpasses, grade crossings, public ways,
squares, and commons open, in repair, and free from nuisance; and
B. WHEREAS, Iowa Code (1987) Section 364.2(4), authorizes Iowa cities to
grant public utility franchises regulating "the conditions required and
the manner of use of the streets and public grounds of the city..." and
Iowa City has granted such franchises to gas, electric, and telecommuni-
cations companies, each of which has installed wires, pipes, conduits,
and related equipment over, under, across and upon public property
throughout the City; and
I
C. WHEREAS, in addition to franchise utilities, the City of Iowa City oper-
ates utility systems that provide water and sewer service to its resi-
dents, which include water and sewer lines, pipes and appurtenances over,
under and across public property in the City.
1110a
I
1
D. WHEREAS, American Telephone and Telegraph Company (hereinafter "AT&T" or
"the Company") desires to construct, own, operate and maintain an under-
ground fibre optic cable system through Iowa City to provide long dis-
tance telephone and telecommunications service to Iowa City and its
environs; and
E. WHEREAS, the said fibre optic cable system will follow a route generally
under and along Mormon Trek Boulevard from the Coralville City Limits on
the North until it exits Iowa City at the Highway 218 right-of-way on the
Southwest border of Iowa City; passing under numerous City of Iowa City
streets, sidewalks, and alleys along said route; and
F. WHEREAS, AT&T has not heretofore obtained the authority or permission of
the City of Iowa City to place said fibre optic cable system under and
across city street and alley right-of-ways; and
G. WHEREAS, since such use of public property is extensive, and in order to
minimize conflicts and promote cooperation between the City and AT&T in
the operation of their respective utility systems, the parties deem it to
be in their best interests to agree with respect to the use of public
property for the location, installation, and maintenance of the fibre
optic cable system described.
9
3
AGREE14ENTS
Section 1. Definitions.
(a) "City" shall mean the City of Iowa City, Iowa, and, where appropriate,
shall include its officers, employees and agents.
(b) "Energy" shall mean power in the form of gas, oil, electricity or
steam.
(c) "Excavation Regulations" shall mean Article II of Chapter 31 of the Iowa
City Code of Ordinances, a copy of which is attached hereto and incorpo-
rated herein by reference.
(d) "Public Improvements" shall mean any improvements on Public Property,
including but not limited to paving, sidewalks, grass, vegetation,
trees, street lights, traffic signals, water mains, sewers, and equip-
ment related thereto.
(e) "Public Property" shall mean City -owned or controlled public rights-of-
way easements, bridges, squares and commons.
(f) "Public Utility" or "Public Utility System" shall mean any gas, elec-
tric, telephone, cable television, water, or sewer system serving the
general populace of Iowa City.
I
4
"Utility System" or "facility" or "Utility System' shall include all equip-
ment owned, operated, leased or subleased by AT&T in connection with its
fibre optic cable system, and shall include but not be limited to poles,
wires, pipes, cables, underground conduits, ducts, manholes, vaults, and
other structures or appurtenances.
Section 2. Basic Grant; Term.
AT&T is hereby granted a license to construct, maintain, inspect, protect,
repair, replace, retain and fibre optic cable system in, under, upon, along
and across the Public Property shown and identified in Exhibit A hereto,
subject to the regulatory powers of the City and subject to the conditions
hereinafter set forth.
The term of this License Agreement shall be for a period of twenty-five (25)
years, beginning August 1, 1988, and extending to and including July 31,
2013. This License Agreement may be terminated by one hundred twenty (120)
days written notice by the City to the Company as specified herein.
Section 3 Extension or Expansion of Utility System Major Repair Work and
Installation of New Systems.
Before commencing any extension or expansion of its Utility System, or any
major repair work (i.e. the repair or reconstruction of any part of the
Utility System on Public Property) or the installation of any new system in
the City, the Company shall file with the Public Works Department of the City
a written statement specifying the Public Property under or upon which it
proposes to extend, expand, install or repair its Utility System. The Direc-
tor of Public Works may require that the statement be accompanied by a map,
a
5
plan or specifications showing the proposed location of the Utility System
components with reference to streets and alleys and lot lines, the size and
dimensions of all Utility Facilities, and the distance above or beneath the
surface of the ground it is proposed to repair or to lay the same. If the
proposed locations of any Utility Facilities shall interfere with the rea-
sonable and proper use, construction, reconstruction and maintenance of any
Public Improvements or existing City owned Public Utility System component,
or other structure upon or under the Public Property, the Director of Public
Works shall, within a reasonable time after the filing of such plan, map or
specifications, note the changes necessary to eliminate all interference with
a Public Improvement or existing City owned Public Utility System facility
and refer the same back to the Company for amendment. Such map, plan or
specifications, when properly changed and corrected, shall be filed in the
Public Works Department, and after the approval of the same by the Director
of Public Works, a permit shall be issued authorizing the Company to proceed
in accordance with the approved maps, plans or specifications. The permit
issued hereunder shall include any permit required pursuant to the City
Excavation Regulations. No such excavation, construction or erection shall
be commenced before the issuance of the permit herein provided for and all
work shall be in strict accordance with the approved maps, plans or specifi-
cations.
Section 4. Construction and Repair of Utility Systems.
In the process of location, construction, reconstruction, replacement or
repair of any Utility System component, the excavation or obstruction made or
placed in Public Property at any time or for any purpose by the Company
shall, to protect the public and to assure the safe and efficient movement of
R]
traffic, be properly barricaded to comply, at a minimum, with barricade
requirements set forth in the Excavation Regulations. All pavement taken up
or displaced shall be properly and speedily replaced in accordance with the
City's Excavation Regulations. As a condition to use of public right-of-way,
the Company shall, to the reasonable satisfaction of the person or entity
whose property was damaged, at its own expense, repair or cause repair to any
private property, Public Utility System component, Public Improvement, or
Public Property damaged by such location, construction, reconstruction,
replacement or repair work. Further, without limiting the generality of the
foregoing, the Company shall assume full responsibility for all losses,
damages, costs and expenses for injuries to persons or property resulting
from such location, construction, reconstruction, replacement or repair, and
shall defend or provide a defense to the City and its officers, employees and
agents from and against all claims of every nature with respect to such work,
or where excavations have been made, in the repair of the same or resulting
or arising from delay or failure to restore the Public Property to its former
condition, or resulting from a failure to properly barricade such excava-
tions. If the Company fails to repair or arrange with the City for the proper
repair of any Public Property after excavations have been made, and after
five days' notice in writing to do so, given to its District Manager - Con-
struction, then the City may make such repairs at the expense of the Company.
Section 5. Excavations
The Company is authorized to make excavations in City streets, avenues,
alleys and public places for purposes of routine repair, replacement, and
maintenance of poles, wires, lines or other electric utility system compo-
nents associated with its transmission line. In making such excavations, the
N
V
jCompany shall obtain a permit therefore purusant to Chapter 31, Article II of
kthe City of Iowa City Code of Ordinances, shall not unnecessarily obstruct
G the use of streets, avenues, alleys or public places, shall provide the
Public Works Director with 24 hours notice prior to the actual commencement
of the work, and shall comply with all provisions and requirements of Chapter
31 in performing such work. In emergencies which require inmeidate excava-
tion, the Company may proceed with the work without first applying for or
obtaining the permit, provided, however, that the Company shall apply for and
obtain the excavation permit as soon as possible after commencing such emer-
gency work.
i
(b) Failure to Comply; Remedies. If the Company fails to comply with the
provisions of subsection (a) of this Section, the City may
(i) repair or restore the Public Property to a condition as good as
the condition of the Property prior to the disturbance by the
Company. The Company shall pay the costs of such repair or resto-
ration; and
(ii) charge the Company twenty-five dollars ($25.00) for each day the
condition remains unremedied after receipt by the Company of
notice of the need for such repair or restoration until the date
of satisfactory repair or restoration of the Property.
The Company shall pay to the City its costs and charges for such
work within thirty (30) days after receipt of the City's billing.
IN
I
R
Section 6. Work by Others Construction by Abutting Owners Alteration to
Conform with Public Improvements.
The City reserves the right to lay, and permit to be laid, wires, pipes,
cables, conduits, ducts, manholes and other appurtenances, and to do, or
permit to be done, any underground and overhead installation or improvement
that may be deemed necessary or proper by the City in, across, along, over or
under any Public Property occupied by the Company, and to change any curb or
sidewalk or the grade of any street. In permitting others to do such work,
the City shall not be liable to the Company for any damage so caused. The
City shall not be liable to the Company for any damages arising out of the
performance of such work by the City or its employees, agents, contractors or
subcontractors; provided, however, nothing herein shall relieve any other
person or corporation from liability for damage to the Company's Utility
Facilities.
Section 7. Company Contractors.
The requirements of this License Agreement shall apply fully to all persons,
firms or corporations performing work for the Company under a contract or
other type of work order.
Section 8. Conditions of Street Occupancy.
(a) Use. The fibre optic cable system and related facilities erected by the
Company within the City shall conform to established grades of streets,
alleys and sidewalks, and be so located as to cause minimum interference with
I
9
other public utilities located in or upon Public Property, and to cause mini-
mum interference with the rights or reasonable convenience of property owners
N who adjoin Public Property.
(b) Interference with Traffic. The Company shall conduct its work hereunder
in such manner as to cause as little interference as possible with pedestrian
and vehicular traffic, and shall abide by scheduling directions, if any,
given by the Director of Public Works.
(c) Relocation. The Company shall, upon reasonable notice and at its sole
cost and expense, remove, locate and relocate its utility system components
in; on, over or under any Public Property in such manner as the City may at
any time require for the purpose of facilitating the construction, recon-
struction, maintenance, repair or change in grade of any public improvement
on, in or about any such Public Property, for the purpose of promoting the
efficient operation of any such improvement, or for the purpose of facilitat-
ing the vacation and/or redevelopment of public right-of-way by the City. In
the event the Company fails to act within the allotted time, the City may
cause the Utility System components to be relocated, and the costs thereof
shall be assessed to the Company and shall be paid as provided in Section
5(b) hereof.
(d) Placement of Facilities. The Company shall not place its Utility System
Facilities in the Public Property where the same will interfere with the
normal use or maintenance of any Public Improvement, including but not lim-
ited to streets, alleys, sidewalks, traffic control devices, sanitary sewers,
storm sewers, storm drains or water mains, or any Public Utility Facility.
///00
i
I
10
(e) Locator Service. Upon request, the Company agrees to assist in locating
underground facilities which are part of its Utility System. Such assistance
will be provided in a timely manner, but not more than forty-eight (48) hours
after the time of the request.
Section 9. Powers of Cit .
Nothing in this Agreement shall be construed to abridge the right or power of
the City to make further regulations relative to the use of the streets,
alleys and public grounds by anyone using the same for the erection and
maintenance of utility systems.
Section 10. Plans and Coordination.
(a) Construction, Expansion Repair and Rehabilitation Plans. On or before
May 1 of each year, the Company shall provide the Public Works Depart-
ment with a schedule showing all planned construction, expansion, reha-
bilitation, repair, or reconstruction of the Company Utility System,
except emergency work, which is planned within the City, or within
unincorporated areas within two (2) miles of the City's corporate lim-
its, during the next five years.
(b) As Built Plans. Upon completion of work, the Company shall promptly
furnish to the City copies of "as built" plans related to its Utility
System located on Public Property.
N
11
Section 11. Maps Records Reports and Documents.
(a) Maintenance of Records. The Company shall keep complete and accurate
maps and records on the operation of its transmission line under and in
connection with this License Agreement
(b) Examination and Audit of Records. The City shall have the right,
at reasonable times and for reasonable purposes, to examine, audit,
review, and/or obtain copies of the documents, maps, plans and other
records of the Company pertaining to this License. The Company shall
fully cooperate in making available records and otherwise assisting in
these activities.
(c) Inquiries. The City may, at any time, make reasonable inquiries as to
the Company's operation of the said transmission line within the City.
The Company shall respond to such inquiries within fourteen (14) working
days of an inquiry.
(d) Annual Report. On or before the first day of May of each year during
the term of this License Agreement, the Company shall file with the City
a corrected list of facilities, and an up-to-date map of its Utility
Systems, showing all Facilities newly installed, extended or removed
during the previous calendar year, as well as those currently in use.
(e) Filings. Copies of all petitions, applications, communications and
reports submitted by the Company to the Utilities Division of the Iowa
Department of Commerce, or any other regulatory agency, in respect to
12
any matters affecting the said fibre optic cable system within Iowa
City, or within two miles thereof, shall be provided to the City at the
time such documents are filed with the agency.
Section 12. Violations of Agreement.
(a) Default. Upon evidence being received by the City that a violation or
breach of this License Agreement, or codes or ordinances lawfully regu-
lating the Company in the operation of said transmission line, or in the
use of the Public Property therefore, is occurring, or has occurred,
(hereinafter referred to as a "default") the City shall cause an inves-
tigation to be made. If the City finds that a default exists or has
occurred, the City may take appropriate steps to secure compliance with
the terms of this Agreement or the codes or ordinances.
(b) Notice of Default. The City shall notify the Company of the default and
the Company shall cure such default within thirty (30) days after re-
ceipt of such notice.
(c) Remedies for Default. If the Company fails to cure a default within the
time allowed, the City shall have the right to:
(i) seek specific performance; or
(ii) remedy the default by doing the act itself, or through a contrac-
tor, and charge the costs of such work to the Company; or
(iii) seek damages for such default; or
(iv) any combination of (i), (ii) and (iii).
I
13
The Company shall also be liable for reasonable attorneys' fees and
costs incurred by the City in pursuing any such course of action (in-
cluding payment for time spent by in-house attorneys), together with
interest on out-of-pocket costs expended hereunder at the rate of 9.75%
per annum.
Section 13. Liability, Indemnification and Insurance.
The Company covenants to indemnify, defend, and save the City and its offi-
cers, agents and employees, harmless from any and all damages arising, di-
rectly or indirectly, from exercise of the rights granted herein. Daaages to
crops, fences, or other property of the City or its franchisees, licensees or
tenants during the original construction and subsequent maintenance, repair
and use of the Public Property shall be promptly compensated for by the
Company.
The Company agrees to maintain in effect during the entire term of this
Agreement liability insurance in comprehensive form and in the amounts as set
forth in Exhibit B hereto, the Company's Certificate of Insurance.
Section 14. License Fee.
The Company shall pay an annual license fee of ;1,000.00 to the City, said
fee to be paid in advance each year on the anniversary date of this Agree-
ment, or at the Company's option a one-time discounted fee of $5,825.00 due
upon execution hereof.
9
l
_ 14
f
Section 15. Severability.
In the event that a court of competent jurisdiction shall adjudge any provi-
sion or provisions hereof invalid or illegal, or direct a change by the
Company in any matter or thing herein contained, such invalidity or ille-
gality or change shall in no way affect the remaining provisions of this
Agreement or their validity or legality, and this Agreement in all other
respects shall continue in full force and effect, as if said provision or
provisions had not been so adjudged invalid or illegal, or such change had
not been directed, or shall, at the City's option, cause a termination of the
Agreement.
Section 16. Prior Licenses Repealed.
All grants, franchises, agreements, franchises -in -fact, rights, licenses, and
privileges heretofore made or granted by the City to the Company, by ordi-
nance or otherwise, and all rights of the Company thereunder made by the City
to others from which the Company may have purchased its rights or interests,
are hereby merged into this Agreement, it being the intention that this
Agreement shall contain all grants, franchises, agreements, rights, licenses,
privileges, and obligations of the Company relating to the said fibre optic
cable system.
B
15
Section 17. Assignment.
This Agreement shall not be assignable without the express consent of the
City Council of the City; such consent to be evidenced by an ordinance or
resolution that fully recites the terms and conditions, if any, upon which
such consent is given.
Section 18. Vacation of Streets and Alleys.
So long as the Company exercises the rights granted to it hereunder, the City
will not, by ordinance or otherwise, vacate any street, alley or public way
in which the Company has installed its fibre optic cable system without re-
serving such rights as necessary to allow continued use of such Property for
the said fibre optic cable system in accordance with the terms of this Agree-
ment, provided that nothing herein shall limit the City's right to require
the Company to relocate its transmission line as provided in Section 8(d)
hereof.
Section 19. Delivery of Notices. Except as may be expressly provided in
Sections 4 and 5 hereof, any notices hereunder shall be in writing and shall
be delivered via certified mail, addressed to the parties as follows, unless
otherwise indicated in the future:
I
If to Licensor: City Manager
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
i
a
16
If to Licensee: AT&T
District Manager - Construction
One North Wacker Drive
Chicago, Illinois 60606
provided, however, that in the case of an emergency, notices may be given
verbally to the above-named persons. In such case, written confirmation
should be provided. Nothing contained herein shall prevent other forms of
notice if actually received by the addressee.
Notice shall be deemed given on date of mailing in case of certified mail, or
otherwise on the date actual notice is received.
THIS AGREEMENT is entered into as of the 26th day of July ,
1988.
CITY OF IOWA CITY, IOWA
LICENSOR
BY:LBy:
/ g_�
yor
ATTEST: %%12�,,�,,.) -A41
City -Clerk
9
17
JOHNSON COUNTY )
SS
STATE OF IOWA )
On this 26th day of July , 1988'before me, the under-
signed, a Notary Public in and for the State of Iowa, personally appeared
John McDonald and Marian K. Karr, to me personally known, and who being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively, of
the City of Iowa City, Iowa; that the seal affixed to the foregoing instru-
ment is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its City
Council, as contained in JQ?u QA1QxM (Resolution) No. 88-168 passed the
Resolution adopted) by the City Council, yK KXRAU,Xxk,�— �
�gp on the 26th day of Jul 1988 and that
John McDonald and Manan arr acknow a ge a execu ion of 5e instrument
to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
���
floury Pub�yYlic n and for the State of Iowa
LICENSEE
AT&T COMMUNICATIONS OF THE MIDWEST, INC.
B
COOK COUNTY )
STATE OF ILLINOIS ) SS
On this fa day of 19 l��before me, the under-
signed, a Notary Public in and r the State of Illinois, personally appeared
Nancy L. Eichler, to me personally known, who being by me duly sworn, did say
that she is the Supervisor of the corporation executing the foregoing instru-
ment; that the instrument was signed (and sealed) on behalf of the corpora-
tion by authority of its Board of Directors; that Nancy L. Eichler
acknowledged the execution of the instrument to be the voluntary act and deed
of the corporation, by it and er oluntarilv�executed.,%
OFFICiIA
NOTARY
MARY
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CERTIFICATE CF€ It�SUR7ii
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PRODUCERCM0171
Marsh & McLennan Inc.
1221 Avenue of tfie Americas
;i; New York, NY 10020
INSUAED
AT&T Communications
310 Mt. Eemble Avenue
Morristown, NJ 07960
NO RIGHTS IRON THE CERTIFICATE WILDER. THIS CERTIFICATE.DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. {
COMPANIES AFFORDING -COVERAGEI
A Self Insured Retention
LETTER B Travelers Insurance Companyf
COMPANY is
LETTER C various British Led by Weavers
COMPANY
LETTER D Self Insured Retention #6'
a«aaaa«..«<..u:.u..:,:
......THIS IS 70 [ERTIfY THAT POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REO IREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONt. Am rnunlrinue n
-.--�.........r ... mn1Jw./LN. 11UNS/VLXIGLL5/5PEGNAL ITEMS All Operations of the Insured.
THE CITY OF IOWA IS NAMED AS AN ADDITIONAL INSURED
ICITY OF IOWA
410 EAST WASkINGTON
a{, CIVIC CENTER
J?J IOWA CITY, IOWA 52210
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING CC14PARY WILL ENDEAVOR TO MAIL 10
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE 70 WAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
CO
-LTR
POLICY
POLICY
LIABILITY LIMITS IN THOUSANDS
r LT
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
(MM/DD/YY)
EXPIRATION
(MM/DD/YT)
EACH OCCURRENCE
AGGREGATE R
GENERAL LIABILITYly
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_ INDEPENDENT CONTRACTORSf2.5
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COMBINED
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ALL OWNED AUTOS (OTHER THAN)
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(PRIV. PASS.)
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12/31/87
12/31/88
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10/15/88
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D
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STATUTORY �;.; ..
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-: f MEACH ACCIDENT) A–,
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f (D15EASE•EACH EMPLOYEE)
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Different Limits is
in Various States
-.--�.........r ... mn1Jw./LN. 11UNS/VLXIGLL5/5PEGNAL ITEMS All Operations of the Insured.
THE CITY OF IOWA IS NAMED AS AN ADDITIONAL INSURED
ICITY OF IOWA
410 EAST WASkINGTON
a{, CIVIC CENTER
J?J IOWA CITY, IOWA 52210
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING CC14PARY WILL ENDEAVOR TO MAIL 10
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE 70 WAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
I
IN
PAY TO THE
ORDER OF
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NAME:
ADDRESS: I / J/e��.��[�{
CITY:. C4,.Lp.,.>•.c/•/STATE: 7— e2
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THE AMOUNT OF
No. 25503
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DATE �E�S�L(.SI — 19
FOR O RAY GRANT IRODDS/S I I
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TAT _
PAYABLE THROUGH NOLL AND VOID IF NOT CASHED WITHIN I REPRESEN IVU
BANK SOUTH, HOUSTON COUNTY. N.A. NINETY 1901 DAYS FROM ISSUANCE.
Petty. Weiner Rabin', Centerville. GA
11e025503K' 1:06LL011681: 95 959 8811'
un
DOLLARS
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pre F6 oe
!' LICENSE AGREEMENT BETWEEN
THE CITY OF IOWA CITY, IOWA, LICENSOR, AND
AMERICAN TELEPHONE AND TELEGRAPH COMPANY (AT&T), LICENSEE
RECITALS
Witnesseth:
A. WHEREAS, pursuantVopenn
87), Section 364.12, Iowa cities are
responsible for rounds, streets, sidewalks, alleys,
bridges, culverts,passes, grade crossings, public ways,
squares, and commor, and free from nuisance; and
B. WHEREAS, I/equipment
( 87) S ction 364.2(4), authorizes Iowa cities to
grant publfranchise regulating "the conditions required and
the mannerf the street and public grounds of the city..." and
Iowa City ed such franchi es to gas, electric, and telecommuni-
cations coeach of which ha installed wires, pipes, conduits,
and relatent over, under, cross and upon public property
throughout and
C. WHEREAS in addition to franchise utilities, the City of Iowa City oper-
ates ility systems that provide water and sewer service to its resi-
dent , which include water and sewer lines, pipes and appurtenances over,
and r and across public property in the City.
A/001
2
D. WHEREAS, American Telephone and Telegraph Company (hereinafter "AT&T" or
"the Company") desires to construct, own, operate and maintain an under-
ground fibre optic cable system through Iowa City to provide long dis-
tance telephone and telecommunications service to Iowa City and its
environs; and
E. WHEREAS, the said fibr optic cab/fro
it follow a route generally
under and along Mormon T ek Boulee Coralville City Limits on
the North until it exits I wa Cityway 218 right-of-way on the
Southwest border of Iowa Ci panumerous City of Iowa City
streets, sidewalks, and alley aloe; and
F. WHEREAS, AT&T has not her7oe obtained the authority or permission of
the City of Iowa City to s id fibre optic cable system under and
across city street and alht- f -ways; and
G. WHEREAS, since such u e of public prop rty is extensive, and in order to
minimize conflicts nd promote cooperate n between the City and AT&T in
the operatio/bes
eir respective utility ystems, the parties deem it to
be in theirinterests to agree with respect to the use of public
property forlocation, installation, and maintenance of the fibre
optic cable described.
///F
3
AGREE14ENTS
Section 1. Definitions.
(a) "City" shall meanthe City of Iowa City, Iowa, and, where appropriate,
shall include its of cers, employees and agents.
(b) "Energy" shall mean pow in the form of gas, oil, electricity or
steam.
(c) "Excavation Regulations" shall can Article II of Chapter 31 of the Iowa
City Code of Ordinances, a copy which is attached hereto and incorpo-
rated herein by reference.
(d) "Public Improvements" shYto
mean an improvements on Public Property,
including but not limit
pa vi
, sidewalks, grass, vegetation,
trees, street lights, tr ffic signals, water mains, sewers, and equip-
ment related thereto.
(e) "Public Property" s all mean City -owned or ontrolled public rights-of-
way easements, bri ges, squares and commons.
(f) "Public Utility" or "Public Utility System" shall mean any gas, elec-
tric, telepho�e, cable television, water, or sewer system serving the
general populace of Iowa City.
Alf
I
4
"Utility System" or "Facility" or "Utility System" shall include all equip-
ment owned, operated, leased or subleased by AT&T in connection with its
fibre optic cable system, and shall include but not be/ limited to poles,
wires, pipes, cab es, underground conduits, ducts, ma�nholes, vaults, and
t other structures or ppurtenances. /
ion 2. Basic Gran
AT&T is hereby granted a tens
repair, replace, retain and 'br
and across the Public Property
subject to the regulatory powers
hereinafter set forth.
to cons Fuct, maintain, inspect, protect,
optic cable system in, under, upon, along
iow and identified in Exhibit A hereto,
f the City and subject to the conditions
The term of this License Agre ment sha�l be for a period of twenty-five (25)
years, beginning August 1, 1988, and a tending to and including July 31,
2013. This License Agreemm nt may be terms ated by one hundred twenty (120)
days written notice by tlfe City to the Compa as specified herein.
Section 3. Extension or Expansion of Utilit stem, Major Repair Work and
Installation of New Systems.
Before commencing/any extension or expansion of it Utility System, or any
major repair w/q k (i.e. the repair or reconstruction\\f any part of the
Utility Syste�/on Public Property) or the installation of. any new system in
the City, th Company shall file with the Public Works Department of the City
a written atement specifying the Public Property under or upon which it
proposes t extend, expand, install or repair its Utility System. The Direc-
tor of P lic Works may require that the statement be accompanied by a map,
///JP
i
i9
plan or specifications showing the proposed location of the Utility System
components with reference to streets and alleys and lot lines, the size and
dimensions of all Utility Facilities, and the distance above or beneath the
surface of the ground it is proposed to repair or to lay the same. If the
proposed locations of any Utility Facilities shalljinterfere with the rea-
sonable an proper use, construction, reconstructi n and maintenance of any
Public Improv gents or existing City owned Publi Utility System component,
or other structure upon or under the Public Pro erty, the Director of Public
Works shall, within reasonable time after a filing of such plan, map or
specifications, note the changes necessary t eliminate all interference with
a Public Improvement or existing City ow d Public Utility System facility
and refer the same back too the Company for amendment. Such map, plan or
specifications, when properr changed and corrected, shall be filed in the
Public Works Department, and a t
of Public Works, a permit shall
in accordance with the approved
issued hereunder shall include
Excavation Regulations. No ch
e approval of the same by the Director
ssued authorizing the Company to proceed
S, plans or specifications. The permit
permit required pursuant to the City
a tion, construction or erection shall
be commenced before the iss/y nce of theXpermit herein provided for and all
work shall be in strict accdrdance with pproved maps, plans or specifi-
cations.
r
In the process oflocation, construction, reconstruction, replacement or
repair of any Utilit�System component, the excavationo \obstruction made or
placed in Public Ploperty at any time or for any purpose\by the Company
shall, to protect the public and to assure the safe and efficient movement of
G:
traffic, be properly barricaded to comply, at a minimum, with barricade
requirements set forth in the Excavation Regulations. All pavement taken up
or displaced s all be properly and speedily replaced in accordance with the
City's Excavatio Regulations. As a condition to u� of public right-of-way,
the Company shall to the reasonable satisfact'on of the person or entity
whose property was amaged, at its own expense repair or cause repair to any
private property, Pu lic Utility System co ponent, Public Improvement, or
Public Property damag by such locati n, construction, reconstruction,
replacement or repair wo k. Further, wi out limiting the generality of the
foregoing, the Company sh 11 assume full responsibility for all losses,
damages, costs and expenses for in uries to persons or property resulting
from such location, constructi n, econstruction, replacement or repair, and
shall defend or provide a defens to the City and its officers, employees and
agents from and against all cl im of every nature with respect to such work,
or where excavations have b n mad , in the repair of the same or resulting
or arising from delay or f 'lure to estore the Public Property to its former
condition, or resulting from a failu a to properly barricade such excava-
tions. If the Company f ils to repair o arrange with the City for the proper
repair of any Publi Property after ex vations have been made, and after
five days' notice writingto do so, gi n to its District Manager - Con-
struction, then to City may make such repaiis at the expense of the Company.
Section 5.
The Company is authorized to make excavations in, City streets, avenues,
alleys and public places for purposes of routine repair, replacement, and
maintenance of poles, wires, lines or other electric utility system compo-
nents associated with its transmission line. In making such excavations, the
///00
7
Company shall obtain a permit therefore purusant to Chapter 31, Article II of
the City of Iowa City Code of Ordinances, shall not unnecessarily obstruct
the use of streets, ave es, alleys or public places, shall provide the
Public Works Dir\hall
ith 24 hours notice prior to the actual commencement
of the work, andomply with all provisions andrequirements of Chapter
31 in performingork. In emergencies which equire inmeidate excava-
tion, the Compaproceed with the work wi out first applying for or
obtaining the peovided, however, that a Company shall apply for and
obtain the excavation per it as soon as pos ble after commencing such emer-
gency work.
(b) Failure to Comply; Remedie3
provisions of subsection (a)
(i) repair or restore
the condition of
Company. The Cop
ration; and /
:f the Company fails to comply with the
this Section, the City may
Pubis Property to a condition as good as
Prop
ty prior to the disturbance by the
shall pa the costs of such repair or resto-
(ii) charge the Company twenty-five dol ars ($25.00) for each day the
condition remains unremedied after receipt by the Company of
notice the need for such repair orrestoration until the date
of sat'sfactory repair or restoration of the Property.
:ompany shall pay to the City its costs\and charges for such
within thirty (30) days after receipt of the City's billing.
111f
8
Section 6. Work by Others, Construction by Abutting owners, Alteration to
Conform with Public Improvements.
The City reserves the right to lay, and permit to be laid, wires, pipes,
cables, conduits, ducts, manholes and other appurtenances, and to do, or
permit to be done, any underground and overhead installation or improvement
that may be deemed necessary or proper by the City in, across, along, over or
under any Public Pro erty occupied by the Company, and/to change any curb or
sidewalk or the grade f any street: In permitti g others to do such work,
the City shall not be li ble to the Company fo any damage so caused. The
City shall not be liable t the Company for ny damages arising out of the
performance of such work by th City or it employees, agents, contractors or
subcontractors; provided, howeve , not ng herein shall relieve any other
person or corporation from liabil ty for damage to the Company's Utility
Facilities.
r�
The requirements of this L'cense Agreement\hal apply fully to all persons,
firms or corporations pe forming work for Company under a contract or
other type of work orae
(a) Use. The f bre optic cable system and related facilities erected by the
Company within the City shall conform to established grades of streets,
alleys and si ewalks, and be so located as to cause minimum interference with
///9
g
i
r other public utilities located in or upon Public Property, and to cause mini-
mum interference with the rights or reasonable convenience of property owners
s'
who adjoin Public Property.
(b) Interference w' h Traffic. The Company shall conduct its work hereunder
in such manner as to as little interference as possible with pedestrian
c use
and vehicular traffic, nd shall abide by scheduling directions, if any,
given by the Director of P plic Works.
(c) Relocation. The Compan, shall; �on reasonable notice and at its sole
cost and expense, remove, loca a and relocate its utility system components
in, on, over or under any Publi P operty in such manner as the City may at
any time requireAe
purpo of facilitating the construction, recon-
struction, mainteepair or ange in grade of any public improvement
on, in or about Pu is Pro erty, for the purpose of promoting the
efficient operatiuch improv ment, or for the purpose of facilitat-
ing the vacation development o public right-of-way by the City. In
the event the Coils to act wit in the allotted time, the City may
cause the Utilitycomponents to b relocated, and the costs thereof
shall be assessedCompany and shal be paid as provided in Section
5(b) hereof.
(d) Placement of Facilities. The Company shallot place its Utility System
Faciliti/ers,
the Public Property where the same will interfere with the
normal umaintenance of any Public Improvement, including but not lim-
ited to s, alleys, sidewalks, traffic control devices, sanitary sewers,
storm sestorm drains or water mains, or any Public Utility Facility.
O
10
(e) Locator Service. Upon request, the Company agrees to assist in locating
underground facilities which are part of its Utility System. Such assistance
G
Y; will be provided in a timely manner, but not more than forty-eight (48) hours
after the time of the request.
Nothing in this Agreementhall be construed to abridge the right or power of
the City to make further regulations relative o the use of the streets,
alleys and public grounds anyone using a same for the erection and
maintenance of utility systems
Section 10. Plans and Coordinate n.
(a) Construction, Expansion, Re i and Rehabilitation Plans. On or before
May 1 of each year, the C mpany shall provide the Public Works Depart-
ment with a schedule sh wing all planned construction, expansion, reha-
bilitation, repair, r reconstruc ion of the Company Utility System,
except emergency w rk, which is lanned within the City, or within
unincorporated ar as within two (2) iles of the City's corporate lim
its, during th next five years.
(b) As Built ans. Upon completion of wo�1k, the Company shall promptly
furnish o the City copies of "as built" plans related to its Utility
\\ i
System located on Public Property.
I I
11
Section 11. Maos Records Reports and Documents.
(a) Maintenance of Records. The Company shall keep complete and accurate
maps and records ontheoperation of its transmission line under and in
connection with thiD License Agreement
(b) Examination and A d
at reasonable times an
review, and/or obtain co
records of the Company pe
fully cooperate in making
these activities.-
(c)
ctivities.
t of Records. The City shall have the right,
for reasonable purposes, /amine, audit,
ies of the documents, aps, plans and other
taining to this Lic�. The Company shall
vailable recor�s` and otherwise assisting in
(c) Inquiries. The City may, at
the Company's operation of the
The Company shall respond to u
days of an inquiry.
,time, make reasonable inquiries as to
id transmission line within the City.
inquiries within fourteen (14) working
(d) Annual Report. On o before the f rst
day of
May of each year during
the term of this Li
ense Agreement, t e
Company
shall file with
the City
a corrected list
of facilities, and n up-to-date
map of its
Utilit
I y
Systems, showi g all Facilities newly installed, extended or removed
during the pr vious calendar year, as wel as those currently in use.
(e) Filings . Copies of all
— P petitions, applications, communications and
reports submitted by the Company to the Utilities Division of the Iowa
Department of Commerce, or any other regulatory agency, in respect to
r
12
any matters affecting the said fibre optic cable system within Iowa
City, or within two miles thereof, shall be provided to the City at the
time such documents are filed with the agency.
. Violations o
(a) Default. Upon eviden a being received by the City that a violation or
breach of this License\he
, or codes or ordinances lawfully regu-
lating the Company in ion of said transmission line, or in the
use of the Public Proefore, is occcGrring, or has occurred,
(hereinafter referred efault") the City shall cause an inves-
tigation to be made. tyZdes
/hat a default exists or has
occurred, the City mayprsteps to secure compliance with
the terms of this Agreeor ordinances.
(b) Notice of Default. The City sh 11 n tify the Company of the default and
I
the Company shall cure such efault ithin thirty (30) days after re-
ceipt of such notice.
(c) Remedies for DefaulVy
If the Company fail to cure a default within the
time allowed, the Cshall have the righ to:
(i) seek spa fic performance; or
(ii) remedy the default by doing the act its lf, or through a contrac-
tor, and charge the costs of such work to the Company; or
(iii) seek damages for such default; or
(iv) any combination of (i), (ii) and (iii).
ABY
13
The Company shall also be liable for reasonable attorneys' fees and
€ costs incurred by the City in pursuing any such course of action (in-
cluding payment for time spent by in-house attorneys), together with
is
interest on out-of;pocket costs expended hereunder at the rate of 9.75%
per annum.
r
t
i
Section 13. Liability, ndemnification and Insurance..
P
Y
i
The Company covenants to ind nify, defend, and save the City and its offi-
! cern, agents and employees, ha mless from any and all damages arising, di-
rectly or indirectly, from exerci a of the rights granted herein. Damages to
crops, fences, or other property of the ity or its franchisees, licensees or j
tenants during the original construe on and subsequent maintenance, repair
i
and use of the Public Property s al be promptly compensated for by the
Company.
The Company agrees to /ainin in effec during the entire term of this
Agreement liability insuin comprehensie form and in the amounts as set
forth in Exhibit B heret Company's Certificate of Insurance.
ion 14. Licens
The Compan/pa
1 pay an annual license fee of $1,000.00 to the City, said
fee to be n advance each year on the anniversary date of this Agree-
ment, oraCompany's option a one-time discounted fee of $5,825.00 due
upon execution hereof.
1111f
14
Section 15. Severability
In the event that a court of competent jurisdiction shall adjudge any provi-
sion or provisions hereof invalid or illegal, or direct a change by the
Company in any matter or thing herein contained, such invalidity or ille-
gality or changshall in no way affect the remaining provisions of this
Agreement or their lidity or legality, and2-is Agreement in all other
respects shall continue full force and eff ct, as if said provision or
provisions had not been so djudged /invallir illegal, or such change had
not been directed, or shall, at the Cion, cause a termination of the
Agreement.
Section 16. Prior Licenses
All grants, franchises, agre/ments, franch\ses-in-fact, rights, licenses, and
privileges heretofore mad or granted by th City to the Company, by ordi-
t
nance or otherwise, and all rights of the Comp ny thereunder made by the City
to others from which he Company may have purch ed its rights or interests, i
are hereby merged into this Agreement, it beinn the intention that this
Agreement shall c ntain all grants, franchises, agreements, rights, licenses,
privileges, and obligations of the Company relating to the said fibre optic
cable system. I
15
Section 17. Assignment.
This Agreement shall not be assignable without the express consent of the
City Council of the City; such consent to be evidenced by an ordinance or
resolution that fully recites the terms and conditions, if any, upon which
such consent is given.
Section 18. Vacate n of Streets and Alleyl
So long as the Company a ercises the r ghts granted to it hereunder, the City
i
will not, by ordinance or otherwis , vacate any street, alley or public way
in which the Company has in alle its fibre optic cable system without re-
serving such rights as necessa to allow continued use of such Property for
the said fibre optic cable sys a in accordance with the terms of this Agree-
ment, provided that nothing herei shall limit the City's right to require
the Company to relocate i s transm ssion line as provided in Section 8(d)
hereof.-
Section
ereof.Section 19. Deliver of Notices. Exce as may be expressly provided in
i
Sections 4 and 5 he eof, any notices hereun er shall be in writing and shall
i
be delivered viartified mail, addressed to the parties as follows, unless
otherwise indicajed in the future:
If toicensor: City Manager
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
16
If to Licensee: AT&T
District Manager - Construction
One North Wacker Drive
Chicago, Illinois 60606
provided, however, /that in the case of an emergency, notices may be given
verbally to the aVadd
persons. In su � case, written confirmation
should be providedcontained her in shall prevent other forms of
notice if actually the address e.
Notice shall be deen date f mailing in case of certified mail, or
otherwise onthe datic is received.
THIS AGREEMENT is eas of the day of
1987.
ATTEST
CITY OF IOWA CITY, IOWA
LICENSOR
17
JOHNSON COUNTY )
SS
STATE OF IOWA )
On this day of 19_, before me, the under-
signed, a Notary Public in and for the State of Iowa, personally appeared
John McDonald and Marian K. Karr, to me personally known, and who being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively, of
the City of Iowa City, Iowa; that the seal affixed to the foregoing instru-
ment is the corporate sealo the corporation, and that the instrument was
signed and sealed on behalf of the corporation; by authority of its City
Council, as contained in (rdinance) (Resolution) No. passed (the
Resolution adopted) by the ity Council, under Roll Call No — of the
City Council on theday of , 19 and that
John McDonald and Marian rr acknow a ge a execu ion ol"tNe -instrument
to be their voluntary act andeed and the voluntary act and deed of the
corporation, by it voluntarily executed. /
owa
LICENSEE
COMMUNICATIONS OF THE MIDWEST, INC.
Nancy L. Eichler, Supervisor
AT&T Communications Inc., Agent
COOK COUNTY )
SS
STATE OF ILLINOIS )
On this day of 19 before me, the under-
signed,,a Notary, Public in nd for the State o Illinois, personally appeared
Nancy L. Eichler, to me pe, sonally known, who b ing by me duly sworn, did say
that she is the Supervis F of the corporation executing the foregoing instru-
ment; that the instrume t was signed (and sealed) on behalf of the corpora-
tion by authority of its Board of Directort; that Nancy L. Eichler
acknowledged the execu ion of the instrument to be\the voluntary act and deed
of the corporation, by it and by her voluntarily executed.
Notary Public in and for the State of Illinois
i
k;Lt B
PRODUCER CH0022 NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Marsh & McLennan Inc.
1221 Avenue of t{le Americas COMPANIES AFFORDING COVERAGE
New York, NY 10020
COMPANY
LETTER A Self Insured Retention
COMPANY
artfd9sraceopay
INSURED LETTER B Travelers Insurance
AT&T Communications COMPANY
340 Ht. -Kemble Avenue LETTER C Various British Led by Weavers
Morristown, N.7 07960
COMPANY
LETTER D Self Insured Retention
COMPANY
THIS IS TO CERTIFY THAT POLICIES OF INSURANQE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,JA TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, T INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
JOHNSON COUNTY SECONDARY
ROAD DEPT.
PO BOX 126, IOWA CITY, IA.
Ex YV X«I Vf IIIC IIY VYC VCiLM11 VLV /VLI LI[i YG M«LGLLG✓ uG
PIR AT ION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Of
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESf,NTAT IVES.
, rrurarvruuruawuuua<«r«ru«ua««rx«ruraaur«u,m,Y«u«u«aa«u«w.....«««..........x.....«..................ox................................................,................................................... .. '
POLICY
EFFECTIVE
POLICY
EXPIRATION
LIABILITY LIMITS IN THOUSANDS
' CO
\
LTR
TYPE OF INSURANCE
POLICY NUMBER
(NM/DD/YY)
(MM/DD/YY)
EACH OCCURRENCE AGGREGATE
GENERAL LIABILITY
BODILY
COMPREHENSIVE FORM
INJURY
S
S
_
PREMISES/OPERATIONS
PROPERTY
UNDERGROUND EXPLOSION &
71nS11adtention
COLLAPSE HAZARD
DAMAGE
f
S
_
PRODUCTS/COMPLETED OPERATIONS
81 & PO
11
A
_
CONTRACTUAL
_
INDEPENDENT CONTRACTORS
$2.5 millio
COMBINED
f
f
_
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
_
PERSONAL INJURY
Ii
Is
A TOMOBILE LIABILITY
BODILY INJURY
X
ANY AUTO(PER
/
PERSON) S
ALL OWNED AUTOS (PRIV. PASS.)
'WILY INJURY
OD
ALL OWNED AUTOS (OTHER THAN )
(PER ACCIDENT)
S
i
(PRIV. PASS.)
- \
PROPERTY
B
HIRED AUTOS
to CLRML 1733 E
4/1/87
4/1/88
_
_
NON -OWNED AUTOS
DAMAGE
f
GARAGE LIABILITY /
10XSG1878
4/1/87
el & PO
2500
_
TRJCAP-199T163.7-87
4/1/88
12/31/88••
TRJCAP-199TI64.7.87
4/1/88
12/31/88••
COMBINED
$ 1000 ••:.ii
i:` :i`i;`
EXCESS LIABI T�
BI & PD
C
X
UMBRELLA FORMPY3.14185
10/15/87
10/15/88
COMBINED
5 5000
f 5000
OTHER THAN UMBRELL FORM_
WORKERS' COMSENSATION
STATUTORY
D
AND
Self Insured Retention
S (EACH ACCIDEWT>
EMPLOYERSJ'LIABILITY
`" S (DISEASE -POLICY LIMIT)�
S (DISEASE -EACH EMPLOYEE)'
OTHER
Different Limits
E
Exees9 Llorkors Camp.
C -12740-R
8/1/87
8/1/88
In Various States
DESCRIIIIION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS All Operations of the Insured.
ERTIFICATE NOLDEnjiIIGGiGiGiiIIGGiGiiiiGGGiGIiGiii3GGliGliiiiGl3GlillGGicnxcELLAr1oRGttG3i33tGiliiiitlGGiGGiGitGGltitiUGllilitn;itGlitiGUtlGiiitiiMlillrltittiitiliittiiittiliiltiiGGiG{J,
JOHNSON COUNTY SECONDARY
ROAD DEPT.
PO BOX 126, IOWA CITY, IA.
Ex YV X«I Vf IIIC IIY VYC VCiLM11 VLV /VLI LI[i YG M«LGLLG✓ uG
PIR AT ION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Of
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESf,NTAT IVES.
, rrurarvruuruawuuua<«r«ru«ua««rx«ruraaur«u,m,Y«u«u«aa«u«w.....«««..........x.....«..................ox................................................,................................................... .. '
RESOLUTION NO. 88-169
RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR
FISCAL YEAR 1989 FOR THE CITY MANAGER AND CITY CLERK
WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject
solely to the action of the City Council referred to as unclassified
personnel, and
WHEREAS, it is necessary to establish salaries for the said unclassified
personnel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that the following positions shall receive as salary compensation that
amount which is set forth in lieu of all other fees and compensation as
otherwise provided by law, and where said employee shall receive or
collect any fees or other compensation from others for serves as such
employee, the same shall be paid to the City Treasury.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
that the following salaries are hereby established for the following
persons effective June 25, 1988:
City Manager - $67,912.00 annually
City Clerk - $31,512.00 annually
It was moved by Ambrisco and seconded by Courtney the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x Courtney
x Dickson
x Horowitz
x Larson
x McDonald
�— Strait
Passed and approved this 26th
ATTEST: 224,4,. -A"-'
CITY CLERK
day of July 1988.
as /td Form
7�6D/n.
OF
PRECEDING
DOCUMENT
ly
RESOLUTION N0. 88-169
RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR
FISCAL YEAR 1989 FOR THE CITY MANAGER AND CITY CLERK
r
WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject
solely to the action of the City Council referred to as unclassified
personnel, and
WHEREAS, it is necessary to establish salaries for the said unclassified
personnel.
THEREFORE,
theEFfollowingT positions 8shallEreceiveCITYOasNsalarOUCILOy compensatiF IOWA on that
amount which is set forth in lieu of all other fees and compensation as
otherwise provided by law, and where said employee shall receive or
collect any fees or other compensation from others for serves as such
employee, the same shall be paid to the City Treasury.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
that the following salaries are hereby established for the following
persons effective June 25, 1988:
City Manager - $67,912.00 annually
City Clerk - $31,512.00 annually
It was moved by Ambris--CO —_ and seconded by Courtney the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x Courtney
�— Dickson
x
Horowitz
x
x Larson
McDonald
�— Strait
Passed and approved this 26th day of July 1988.
YOR
App e as Form
ATTEST:/ J lY 9Con J
CITY CLERK T..., e.. ---gym"" s2
r
r
ORDINANCE NO. 88-3387
AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUE" OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION
32.1-63 THEREIN TO INCREASE THE AMOUNT OF THE FINE PROVIDED FOR ILLEGAL
PARKING FOR A HANDICAPPED ZONE AS REQUIRED BY SECTIONS 601E.6 AND 805.8 OF
THE IOWA CODE, AS AMENDED.
PREAMBLE:
` WHEREAS, the Iowa Legislature did during the 1988 Legislative Session,
pursuant to Senate File 2017, amend Code Section 601E.6 and 805.8 of the
t Iowa Code to increase the amount of the required fine for -illegal parking
in a handicapped parking space from $15 to $25; and
WHEREAS, the City's fine for said offense must be equivalent to that set
forth in the Iowa Code.
z NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
(: SECTION I. That Chapter 32.1, "Taxation and Revenue" of the Code of
Ordinances of the City of Iowa City, Iowa, be, and the same is hereby
amended by repealing Section 32.1-63, and enacting in lieu thereof a new
section to be codified the same to read as follows:
Section 32.1-63. Fees or Charges Authorized in Chapter 23.
Municipal Code Section
F Authorizing Fee, Charge, Description of Fee,
i Fine or Penalty Charge, Fine, or Penalty Charge
23-249 Fee for contractor reservation of $ 4.00/day
space (meter hood)
Show -up fee charged by tow truck 520.00/day
operator
23-274 Parking meter fees:
Central business district on -street $ 0.40/hour
meter
Central business district lot meter $ 0.40/hour
t Peripheral on -street meter (outside $ 0.30/hour
central business district)
Peripheral lot meter (outside $ 0.30/hour
6 central business district)
F
Meter hood/contractor f 4.OD/day
a 23-277 Fees for parking in city parking
lots and structures:
Municipal parking lot (adjacent to
Ramp B)
Monthly All -Day Permits
$ 40.00/mo.
a Monthly All -Day Permits (annual
advance -payment) $456.00/yr.
Monthly Off -Hours Permits (after
5 PM, Mon -Fri, all day
Saturday and Sunday)
$ 29.00/mo.
Lot Permits - all other municipal
lots
$ 30.00/mo.
Monthly All -Day Permits
$ 30.00/mo.
Monthly All -Day Permits (annual
advance -payment)
$342.00/yr.
City Employee Lot Permits
$ 15.00/mo.
Parking Ramps A and B:
Hourly Parker
$ 0.40/hour
Monthly All -Day Permits
$ 40.00/mo.
Monthly All -Day Permits (annual
advance -payment)
5456.00/yr.
Monthly Off -Hours Permits
$ 29.00/mo.
The above hourly parking rates *er
parking ramps
will apply to both parking ramps, with the
exception of cars exiting when a cashier
is not
on -duty; a flat rate of $0.75 shall
apply and be
deposited at the exit gate.
Reissue of lost/stolen permits
$ 2.00/each
reissue
23-279 Penalties for parking violations:
Overtime parking $ 3.00
Expired meter $ 3.00
Prohibited zone $ 5.00
Illegal parking -handicapped parking $25.00
space
One-hour restricted zone - Civic
Center lot S 3.00
All other illegal parking violations
this chapter $ 5.00
SECTION II. SEVERABILITY: If any of the provisions of this Ordinance are
for any reason declared illegal or void, then the lawful provisions of
this Ordinance, which are severable from said unlawful provisions, shall
be and remain in full force and effect, the same as if the Ordinance
contained no illegal or void provisions.
SECTION II1. REPEALFR. All ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed. Those are:
Ord. No. 87-3342, 91, part, Section 32.1-63, 9/8/87.
SECTION IV. EFFECTIVE DATE: This Ordinance shall be in full force and
effect from and after its final passage, approval and publication as by
law provided.
Passed and approved this 26th day of July, 1988.
OR
ATTEST: %%7o ua��i �f• �Co�.
CITY CLERK
11q
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Appr d as orm
Lega Department
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Appr d as orm
Lega Department
It was moved by Courtney and seconded by Horowitz that
the Ordinance as read be a odd and upon roll ca ere were:
AYES: NAYS: ABSENT:
X Ambrisco
X— Courtney
_ X Dickson
X Horowitz
—X_ Larson
X McDonald
X Strait
First Consideration ---------
Vote for passage:
Second Consideration 7/12/88
Vote for passage: Ayes: Ambrisco, Courtney, Dickson, Horowitz,
Larson, McDonald, Strait. Nays: None. Absent: None.
Date published 7/30/88
Moved by Courtney, seconded by Strait, that the rule
requiring ordinances to be considered and voted on
for passage at two council meetings prior to the
meeting at which it is to be finally passed be
suspended, the first consideration be waived and
the ordinance be given second consideration at this
time.- Ayes: Strait, Ambrisco, Courtney, Dickson,
Horowitz, Larson, McDonald. Nays: None. Absent:
None.
i
i
It was moved by Courtney and seconded by Horowitz that
the Ordinance as read be a odd and upon roll ca ere were:
AYES: NAYS: ABSENT:
X Ambrisco
X— Courtney
_ X Dickson
X Horowitz
—X_ Larson
X McDonald
X Strait
First Consideration ---------
Vote for passage:
Second Consideration 7/12/88
Vote for passage: Ayes: Ambrisco, Courtney, Dickson, Horowitz,
Larson, McDonald, Strait. Nays: None. Absent: None.
Date published 7/30/88
Moved by Courtney, seconded by Strait, that the rule
requiring ordinances to be considered and voted on
for passage at two council meetings prior to the
meeting at which it is to be finally passed be
suspended, the first consideration be waived and
the ordinance be given second consideration at this
time.- Ayes: Strait, Ambrisco, Courtney, Dickson,
Horowitz, Larson, McDonald. Nays: None. Absent:
None.