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HomeMy WebLinkAbout2008-08-11 ResolutionM1~ a 2c 19 ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-221 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Field House - 111 E. College Street Passed and approved this 11th day of Au , 20 08 R Approved /~ ATTEST: ~' ~ a~~ 'W G-~ CIT 'LERK City Attorney's Office is ~>~s] It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: AYES: x ~- x ~_ X -~ x NAYS: O'Donnell the ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright M}~ 2C 20 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-222 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: T.C.B. - 114 E. College Street Passed and approved this 11th day of u ust , 20 O8 c R Appro y ATTEST: ~u - CITY LERK v v i~ Gu?iZ~ ~ "`~ t~~ ity Attorney's Office /a/x7~7 It was moved by Champion and seconded by o' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey ~_ Champion x Correia ~_ Hayek x O'Donnell ~ Wilburn x Wright r wr®~.~~ CITY OF IOWA CITY 2e1 MEMORANDUM Date: August 5, 2008 To: Michael Lombardo, City Manager From: Kevin O'Malley, Director of Finance Re: Bond Refundings ~~ d~2~~ Due to reductions in interest rates in the previous two calendar quarters, several bond refunding opportunities are available for current and advance refunding of General Obligation, Wastewater Revenue, and Water Revenue bonds. I requested our financial advisors, Public Financial Management, and our Bond Counsel, Ahlers, etal in Des Moines to review potential issues for refunding. The following General Obligation issues to be refunded are: April 1998, March 1999, and July 2000. The issues refunded amount to $17,080,000, are currently callable, and will provide debt service savings of approximately $938,000 over the next ten years. The following Wastewater Revenue issues to be refunded are: March 1996, June 1997, February 1999, and October 2000. All the issues are currently callable except the October 2000 which has a call date next year. I recommend authorizing the sale of the 96', 97', and 99' issues, which amount to $24,810,000 of refunded bonds, and fixing the date of sale. Revenue debt service savings on these refunded bonds will be approximately $2,108,000 over the next 13 years. On the October 2000 issue of $9,220,000 I am recommending the authorization of the sale and the option to fix a later date contingent on favorable interest rate market conditions, possibly as soon as 15 days after the previous sale date. Current market conditions will provide approximately $400,000 in revenue debt service savings. The May 1999 Water Revenue issue is currently callable with a principal of $7,045,000 and a potential revenue debt service savings of $304,000 over the next 16 years. I am recommending the authorizing and fixing a sale date for the 99' Water Revenue issue. Also, I am recommending the authorization of the advanced refunding of the December 2000 Water Revenue issue. This 9,895,000 issue is callable next July and has current potential revenue debt service savings of $470,000. All of the refundings will maintain the current debt repayment structure. " `pp, M ~~ August It ,2008 The City Council of Iowa City, Iowa, met in special session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at ~ : o0 o'clock P .M., on the above date. There were present Mayor Bailey , in the chair, and the following named Council Members: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Absent: None -1- ._ Council Member Cham~i on introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $18,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2008B, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member O'Donnell seconded the motion to adopt. The roll was called and the vote was, AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. 08-223 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $18,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2008B, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should provide for the authorization of a Loan Agreement and the issuance of General Obligation Refunding Capital Loan Notes, Series 2008B, to the amount of not to exceed $18,500,000, as authorized by Sections 384.24, 384.24A and 384.25, Code of Iowa, as amended, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable from the Debt Service Fund; and WHEREAS, before a Loan Agreement may be authorized and General Obligation Refunding Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan Agreement and Notes -2- and to receive oral and/or written objections from any resident or property owner of the City to such action; I~TOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock P .M., on the 26th day of August , 2008, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $18,500,000 General Obligation Refunding Capital Loan Notes, Series 2008B, to evidence the obligations of the City thereunder for an essential corporate purpose of the City, the proceeds of which will be used to pay costs of the refunding of the outstanding Series 1998, 1999 and 2000 General Obligation Bonds, dated April 1, 1998, March 15, 1999 and July 1, 2000, respectively. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan Agreement and the issuance of General Obligation Refunding Capital Loan Notes, Series 2008B, evidencing the City's obligations to a principal amount of not to exceed $18,500,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Notes. Section 4. The notice of the proposed action shall be in substantially the following form: -3- Publish 8/15 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $18,500,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2008B, (FOR AN ESSENTIAL CORPORATE PURPOSE) AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 26th day of August, 2008, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $18,500,000 General Obligation Refunding Capital Loan Notes, Series 2008B, for an essential corporate purpose of the City, in order to pay costs of the refunding of the outstanding Series 1998, 1999 and 2000 General Obligation Bonds, dated April 1, 1998, March 15, 1999 and July 1, 2000, respectively. Principal and interest on the proposed Loan Agreement will be payable from the Debt Service Fund. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the City thereunder or will abandon the proposal. This Notice is given by order of the Council of Iowa City, Iowa, as provided by Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as amended. Dated this 15th day of August, 2008. s/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 11th day of august , 2008. ATTEST: City Clerk -5- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 14th day of Au~nst , 2008. City Jerk, Iowa City, Iowa SEAL MMCGINLE\569659.1 \WP 10714.090 August 11 ,2008 The City Council of Iowa City, Iowa, met in special session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at ~ : o0 o'clock P .M., on the above date. There were present Mayor Bailey , in the chair, and the following named Council Members: Bailey, Champion,Correia, Hayek, O'Donnell. Wilburn, Wright Absent: None -1- 2e 2 Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $27,000,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008C, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member O'Donnell vote was, seconded the motion to adopt. The roll was called and the AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No. 08-224 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $27,000,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008C, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should provide for the authorization of a Loan Agreement and the issuance of Sewer Revenue Refunding Capital Loan Notes, Series 2008C, in the amount of not to exceed $27,000,000, as authorized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable solely and only out of the net earnings of the Municipal Sewer Utility and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan Agreement and Notes; and WHEREAS, before a Loan Agreement may be authorized and Sewer Revenue Refunding Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the -2- Council proposes to take action for the authorization of the Loan Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock P .M., on the 26th day of August , 2008, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $27,000,000 Sewer Revenue Refunding Capital Loan Notes, Series 2008C, to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of the refunding of the outstanding Series 1996, 1997 and 1999 Sewer Revenue Bonds, dated March 15, 1996, June 1, 1997 and February 1, 1999, respectively. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan Agreement and the issuance of Sewer Revenue Refunding Capital Loan Notes, Series 2008C, to a principal amount of not to exceed $27,000,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Notes. Section 4. The notice of the proposed action shall be in substantially the following form: -3- Publish 8/15 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $27,000,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008C, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 26th day of August, 2008, at 7:30 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $27,000,000 Sewer Revenue Refunding Capital Loan Notes, Series 2008C, in order to provide funds to pay the costs of the refunding of the outstanding Series 1996, 1997 and 1999 Sewer Revenue Bonds, dated March 15, 1996, June 1, 1997 and February 1, 1999, respectively. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sewer Utility. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes or will abandon the proposal to issue the Notes. This Notice is given by order of the City Council of Iowa City, Iowa, as provided by Sections 384.24A and 384.83 of the City Code of Iowa, as amended. Dated this 15th day of August, 2008. s/Marian K. Karr, City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 2008. ATTEST: City C erk -5- 11th day of August , ~~~ 2e 3 Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,300,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member 0' Donnell seconded the motion to adopt. The roll was called and the vote was, AYES: Baile y. Champion, Correia. ua~ek, O'Donnell, Wilburn. Wright NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No. 08-225 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,300,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should provide for the authorization of a Loan Agreement and the issuance of Sewer Revenue Refunding Capital Loan Notes, in the amount of not to exceed $10,300,000, as authorized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable solely and only out of the net earnings of the Municipal Sewer Utility and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan Agreement and Notes; and WHEREAS, before a Loan Agreement may be authorized and Sewer Revenue Refunding Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to -6- publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at ~ : 00 o'clock P .M., on the 26th day of august , 2008, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $10,300,000 Sewer Revenue Refunding Capital Loan Notes, to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of the refunding of outstanding Sewer Revenue Bonds, Series 2000, dated October 1, 2000. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan Agreement and the issuance of Sewer Revenue Refunding Capital Loan Notes, to a principal amount of not to exceed $10,300,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Notes. Section 4. The notice of the proposed action shall be in substantially the following form: -7- Publish 8/ 15 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $10,300,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 26th day of August, 2008, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $10,300,000 Sewer Revenue Refunding Capital Loan Notes, in order to provide funds to pay the costs of the refunding of outstanding Sewer Revenue Bonds, Series 2000, dated October 1, 2000. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sewer Utility. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes or will abandon the proposal to issue the Notes. This Notice is given by order of the City Council of Iowa City, Iowa, as provided by Sections 384.24A and 384.83 of the City Code of Iowa, as amended. Dated this 15th day of August, 2008. s/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 11th day of August , 2008. ATTEST: ~~ City erk -9- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 14th day of August , 2008. City ,Iowa City, Iowa SEAL MMCGINLE\56970 ] .1 \WP 10714.083 August 11 2008 The City Council of Iowa City, Iowa, met in special session, in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at ~ : 00 o'clock P .M., on the above date. There were present Mayor Bailey , in the chair, and the following named Council Members: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright Absent: None -1- 08=11-08 2e 4 Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $8,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008D, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member O'Donnell vote was, seconded the motion to adopt. The roll was called and the AYES: Bailey, Champion, Correia, Hayek. O'Donnell, Wilburn, Wright NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No. 08-226 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT, TO EXCEED $8,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008D, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should provide for the authorization of a Loan Agreement and the issuance of Water Revenue Refunding Capital Loan Notes, Series 2008D, in the amount of not to exceed $8,000,000, as authorized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable solely and only out of the net earnings of the Municipal Water Utility and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan Agreement and Notes; and WHEREAS, before a Loan Agreement may be authorized and Water Revenue Refunding Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the -2- Council proposes to take action for the authorization of the Loan Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock P .M., on the 26th day of August , 2008, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $8,000,000 Water Revenue Refunding Capital Loan Notes, Series 2008D, to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of the refunding of the outstanding Series 1999 Water Revenue Bonds, dated May 1, 1999. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan Agreement and the issuance of Water Revenue Refunding Capital Loan Notes, Series 2008D, to a principal amount of not to exceed $8,000,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Notes. Section 4. The notice of the proposed action shall be in substantially the following form: -3- Publish 8/15 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $8,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2008D, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 26th day of August, 2008, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $8,000,000 Water Revenue Refunding Capital Loan Notes, Series 2008D, in order to provide funds to pay the costs of the refunding of the outstanding Series 1999 Water Revenue Bonds, dated May 1, 1999. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Water Utility. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes or will abandon the proposal to issue the Notes. This Notice is given by order of the City Council of Iowa City, Iowa, as provided by Sections 384.24A and 384.83 of the City Code of Iowa, as amended. Dated this 15th day of August, 2008. s/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this 11th day of August , 2008. ATTEST: `~ . City Jerk -5- ~~ 2e 5 Council Member Champion introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $11,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member o' Donnell seconded the motion to adopt. The roll was called and the vote was, AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: Resolution No. 08-227 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $11,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF V~jHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should provide for the authorization of a Loan Agreement and the issuance of Water Revenue Refunding Capital Loan Notes, in the amount of not to exceed $11,000,000, as authorized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, the Loan Agreement and Notes shall be payable solely and only out of the net earnings of the Municipal Water Utility and shall be a first lien on the future net earnings of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the net revenues to be sufficient for the payment of the Loan Agreement and Notes; and WHEREAS, before a Loan Agreement may be authorized and Water Revenue Refunding Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the -6- Council proposes to take action for the authorization of the Loan Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council meet in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at ~ : o0 o'clock P .M., on the 26th day of august , 2008, for the purpose of taking action on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $11,000,000 Water Revenue Refunding Capital Loan Notes, to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of the refunding of outstanding Water Revenue Bonds, Series 2000, dated December 1, 2000. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the negotiation of terms of a Loan Agreement and the issuance of Water Revenue Refunding Capital Loan Notes, to a principal amount of not to exceed $11,000,000, to select a date for the final approval thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the completion of a loan on a basis favorable to the City and acceptable to the Council. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Notes. Section 4. The notice of the proposed action shall be in substantially the following form: -7- Publish 8/15 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $11,000,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, Iowa, will hold a public hearing on the 26th day of August, 2008, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $11,000,000 Water Revenue Refunding Capital Loan Notes, in order to provide funds to pay the costs of the refunding of outstanding Water Revenue Bonds, Series 2000, dated December 1, 2000. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Water Utility. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes or will abandon the proposal to issue the Notes. This Notice is given by order of the City Council of Iowa City, Iowa, as provided by Sections 384.24A and 384.83 of the City Code of Iowa, as amended. Dated this 15th day of August, 2008. s/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) PASSED AND APPROVED this iith day of August , 2008. ATTEST: . ~ `~~s.~ City Clerk -9- CIG-3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 14th day of August , 2008. City rk, Iowa City, Iowa SEAL MMCGINLE\569670.1 \W P 10714.092 ~~ 2e 6 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-228 RESOLUTION SETTING A PUBLIC HEARING FOR AUGUST 26, 2008 ON A PROPOSAL TO CONVEY A UTILITY EASEMENT AT THE IOWA CITY MUNICIPAL AIRPORT. WHEREAS, as part of the airport obstruction removal project, MidAmerican Energy has agreed to remove overhead power lines and to place them underground; WHEREAS, the proposed relocation site is north of Highway 1 on a small parcel of airport land located just to the west of 1620 Highway 1 west; WHEREAS, the proposed easement allows MidAmerican Energy to place lines underground and to place a switch box above ground; and WHEREAS, the Federal Aviation Administration does not object to the City conveying this easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a utility easement to MidAmerican Energy, a copy of which is attached to this resolution, at the Iowa City Municipal Airport at the site legally described in the easement plat, which is Exhibit A to the proposed easement. 2. A public hearing on said proposal should be and is hereby set for August 26, 2008, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 11th day of Au ATTEST: -~ CITY ERK 2008. t Approved b " ~~a City Attorney's Office Resolution No. 08-228 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x _~_ x x x x x O'Donnell the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdaia/glossary/resolution-ic.doc Prepared by: Susan Dulek, Asst. City Attorney, 410 East Washington St., Iowa City, IA 52240; (319) 356-5030 UTILITY EASEMENT AGREEMENT This Agreement is made by and between the City of Iowa City, Iowa, a municipal corporation, and MidAmerican Energy in Iowa City, Iowa. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, the City of Iowa City, a municipal corporation ("Grantor"), hereby grants and conveys to MidAmerican Energy ("Grantee") a permanent easement on the property described and depicted on the easement plat attached, marked Exhibit A ("Easement Area") and incorporated herein for purposes of installing, operating and maintaining electrical wires and a switchbox. The Grantee of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain, and remove conduits, cables, pipes, and lines, and all other appliances, fittings and appurtenances below the surface of the ground as may be necessary for the purpose of the transmission and distribution of electric energy, the right to trim, cut down or remove such trees, brush, saplings, and bushes as may interfere with the proper construction, maintenance, operation, or removal of said facilities, equipment, and appurtenances, and the right of ingress and egress in the most direct route and with the minimum necessary equipment for all of the purposes aforesaid. Grantee of this easement shall further have the right to place facilities, equipment, and appurtenances, in the approximate dimension of 6 feet in width by 6 feet in depth by 6 feet in height above ground, the right to trim, cut down or remove such trees, brush, saplings, and bushes as may interfere with the proper construction, maintenance, operation, or removal of said facilities, equipment, and appurtenances, and the right of ingress and egress in the most direct route and with the minimum necessary equipment for all of the purposes aforesaid. The Grantee shall not place any other fixture, structure, equipment, facility, or tree above ground in the easement area. Grantee shall promptly backfill any trench made by it, restore groundcover and reseed any areas damaged or disturbed, and repair any damages caused by it within the Easement Area as a result of the exercise of the rights granted herein Grantor, its successors and interests and assigns, reserve the right to use the Easement Area for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided the Grantor shall not erect or construct any structure, reservoir, retaining wall, or other obstruction on said area, or diminish or substantially add to the groundcover for said area. The Grantee shall indemnify the Grantor against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance rights by the Grantee or its agents or employees in the course of their employment and hold Grantor harmless therefrom. Grantor hereby covenants that it is lawfully seized and possessed of the real estate above described by virtue of legal and/or equitable title, and that it has good and lawful right to convey the Easement herein. This easement shall inure to the benefit of and bind and the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. DATED this day of , 2008. GRANTOR -CITY OF IOWA CITY, IOWA BY: Regenia D. Bailey, Mayor STATE OF IOWA ) SS: JOHNSON COUNTY ) ATTEST: Marian K. Karr, City Clerk On this day of , 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the Regenia D. Bailey and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa My Commission expires: GRANTEE -MID AMERICAN ENERGY BY: STATE OF IOWA ) ss: COUNTY ) G S F- lf ) W 2 H Z = W 3 ~ ~ ~ O r Z ~ .-. Z .-. 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' - - ~ 3 ~ ~ _ - _ - ~ _ - 4 0 o; O Nw Do eZ om ~z m iQo - uw z~.2-vwi dui Z~l3 o~ o_ ~o - si iw° • O M F W W LL O. Z J U N O .~. V_ ~~ ~'V U Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. nR-~~A RESOLUTION SETTING A PUBLIC HEARING FOR AUGUST 26, 2008 ON A PROPOSAL TO CONVEY THE PROPERTY KNOWN AS 1926 BROADWAY STREET AND 1946 BROADWAY STREET TO HAWKEYE COMMUNITY ACTION PROGRAM (HACAP). WHEREAS, in Resolution No. 95-935, the City conveyed, pursuant to a long term real estate installment contract (Contract), 1926 Broadway Street and 1946 Broadway Street to Hawkeye Community Action Program (HACAP) for the purpose of establishing 18 transitional housing units; WHEREAS, the Contract provided for a balloon payment on February 1, 2006, and in Resolution No. 03-284, the City approved an amendment to the Contract that extended the balloon payment to September 1, 2008; and WHEREAS, HACAP has requested a second amendment to the Contract to extend the balloon payment by an additional year to September 1, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare its intent to approve the attached amendment to the contract between the City of Iowa City and HACAP for the above-referenced property and to convey said property in accordance with said agreement. 2. A public hearing on said proposed agreement should be and is hereby set for August 26, 2008 at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 11th day of August , 2008. ATTEST: CIT CLERK MA' Approved by U City Attorney's Office 2e 7 ~ d by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-229 RESOLUT N SETTING A PUBLIC HEARING FOR AUGUST 26, 2008 ON PROPOSAL O CONVEY THE PROPERTY KNOWN AS 1926 BROADWAY STRE AND 1946 BR ADWAY STREET TO HAWKEYE COMMUNITY ACTION PROGR/ (HACAP). WHEREAS, in Resolution o. 95-935, the City conveyed, pursuant to a long term re estate installment contract (Contrac 1926 Broadway Street and 1946 Broadway Street to awkeye Community Action Program (H AP) for the purpose of establishing 18 transitional ho~3sing units; WHEREAS, the Contract provide or a balloon payment on February 1, 2006, a~~ in Resolution No. 03-284, the City approved an a endment to the Contract that extended th~'balloon payment to September 1, 2008; and ~ ;' WHEREAS, HACAP has requested a payment by an additional year to SeptE NOW, THEREFORE, BE IT RESOLVED BY IOWA, THAT: ~d amendment to the Contract to extend the balloon 1, 2009. f; ~FiE CITY COUNCIL q~THE CITY OF IOWA CITY, 1. The City Council does hereby declare its in contract between the City of Iowa City and to convey said property in accordance with 2. A public hearing on said proposed agreem 2008 at 7:00 p.m. in Emma J. Harvat Hal City, IA or if said meeting is cancelled, at tl1 posted by the City Clerk. The City Cork hearing to be published as provided fa~i law, Passed and approved this i i th :nt to apprdve the attached amendment to the CAP ~6r the above-referenced property and ai agreement. ~n~`s uld be and is hereby set _ Au ust 11 4f Cit Hall, 410 E. Washington Sf~ee , owa next m~ting of the City Council thereafter as is hereb directed to cause notice of public 2008. ~y~~ g'° ~~~~ ATTEST: City Attorney's Resolution No. 08-229 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x O'Donnell the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 SECOND AMENDMENT TO REAL ESTATE CONTRACT This is an amendment to the Real Estate Contract-Installments between the City of Iowa City ("City"), a municipal corporation, and Hawkeye Area Community Action Program ("HACAP") entered into on November 21, 1995 ("Contract") and amended on September 18, 2003. WHEREAS, the Contract, as amended, provides that the City sell to HACAP real estate legally described as: Lot 2 of part of Block 2, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, page 20, Plat Records of Johnson County Iowa, and locally addressed as 1926 Broadway Street, Iowa City, Iowa and 1946 Broadway Street, Iowa City, Iowa; and WHEREAS, the parties wish to amend the Contract a second time by extending the balloon payment and the amortization period from September 1, 2008 to September 1, 2009. IT IS THEREFORE AGREED that: Exhibit A to the Contract, as amended, is deleted in its entirety and a new Exhibit A, which is attached to this amendment and incorporated herein, is substituted in lieu thereof. HACAP shall pay all costs to record this amendment and any other documentation required by law to be recorded at the Johnson County Recorder's Office. All other provisions of the Contract, as amended, remain in full force an effect. CITY OF IOWA CITY, IOWA By: Regenia D. Bailey Mayor ATTEST: Marian K. Karr City Clerk HAWKEYE AREA COMMUNITY ACTION PROGRAM By: Executive Director ATTEST: Board President ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of 2008, before me, a Notary Public in and for said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporation, and that the said Regenia D. Bailey and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of , 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who being by me duly sworn, did say that they are the Executive Director and Board President, respectively, of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; that and acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. Notary Public in and for the State of Iowa Approved By: City Attorney's Office Ci LOAN DATA Loan amount: $471,428.00 Annual interest rate: 5.50% Term in years: 40 Payments per year: 12 First payment due: 90/1/2003 PERIODIC PAYMENT Tarp amortization1 ~omrnunity Development TABLE DATA EXHIBIT "A" Table starts at date: or at payment number: 1 Loan Amount $471,428.00 Totallnterest $465,600.02 Total Paid $937,028.02 Entered payment: The table uses the calculated periodic payment amount, Calculated payment: $2,431.49 unless you enter a value for "Entered payment." CALCULATIONS Use payment of: $2,431.49 Beginning balance at payment 1: $471,428.00 1st payment in table: 1 Cumulative interest prior to payment 1: $0.00 .~ Payment Beginning Ending Cumulative No. Date Balance Interest Principal Balance Interest 1 10/1 /2003 471,428.00 2,160.71 270.77 471,157.23 2,160.71 2 11 /1 /2003 471,157.23 2,159.47 272.01 470,885.21 4,320.18 3 12/1/2003 470,885.21 2,158.22 273.26 470,611.95 6,478.41 4 1/1/2004 470,611.95 2,156.97 274.51 470,337.44 8,635.38 5 2/1/2004 470,337.44 2,155.71 275.77 470,061.66 10,791.09 6 3/1/2004 470,061.66 2,154.45 277.04 469,784.63 12,945.54 7 4/1/2004 469,784.63 2,153.18 278.31 469,506.32 15,098.72 8 5/1/2004 469,506.32 2,151.90 279.58 469,226.74 17,250.62 9 6/1/2004 469,226.74 2,150.62 280.86 468,945.88 19,401.25 10 7/1/2004 468,945.88 2,149.34 282.15 468,663.73 21,550.58 11 8/1/2004 468,663.73 2,148.04 283.44 468,380.28 23,698.62 12 9/1/2004 468,380.28 2,146.74 284.74 468,095.54 25,845.37 13 10/1/2004 468,095.54 2,145.44 286.05 467,809.49 27,990.80 14 11 /1 /2004 467,809.49 2,144.13 287.36 467, 522.13 30,134.93 15 12/1/2004 467,522.13 2,142.81 288.68 467,233.46 32,277.74 16 1/1/2005 467,233.46 2,141.49 290.00 466,943.46 34,419.23 17 2/1/2005 466,943.46 2,140.16 291.33 466,652.13 36,559.39 18 3/1/2005 466,652.13 2,138.82 292.66 466,359.47 38,698.21 19 4/1/2005 466,359.47 2,137.48 294.00 466,065.46 40,835.69 20 5/1/2005 466,065.46 2,136.13 295.35 465,770.11 42,971.82 21 6/1/2005 465,770.11 2,134.78 296.71 465,473.41 45,106.60 22 7/1/2005 465,473.41 2,133.42 298.07 465,175.34 47,240.02 23 8/1/2005 465,175.34 2,132.05 299.43 464,875.91 49,372.07 24 9/1/2005 464,875.91 2,130.68 300.80 464,575.10 51,502.76 Page 1 NAME ADDRESS Tarp amortization1 Payment Beginning Ending Cumulative No. Date Balance Interest Principal Balance Interest 25 10/1/2005 464,575.10 2,129.30 302.18 464,272.92 53,632.06 26 11/1/2005 464,272.92 2,127.92 303.57 463,969.35 55,759.98 27 12/1/2005 463,969.35 2,126.53 304.96 463,664.39 57,886.50 28 1/1/2006 463,664.39 2,125.13 306.36 463,358.04 60,011.63 29 2/1/2006 463,358.04 2,123.72 307.76 463,050.28 62,135.36 30 3/1/2006 463,050.28 2,122.31 309.17 462,741.10 64,257.67 31 4/1/2006 462,741.10 2,120.90 310.59 462,430.51 66,378.57 32 5/1 /2006 462,430.51 2,119.47 312.01 462,118.50 68,498.04 33 6/1/2006 462,118.50 2,118.04 313.44 461,805.06 70,616.08 34 7/1/2006 461,805.06 2,116.61 314.88 461,490.18 72,732.69 35 8/1 /2006 461,490.18 2,115.16 316.32 461,173.86 74,847.85 36 9/1/2006 461,173.86 2,113.71 317.77 460,856.09 76,961.57 37 10/1!2006 460,856.09 2,112.26 319.23 460,536.86 79,073.82 38 11/1/2006 460,536.86 2,110.79 320.69 460,216.17 81,184.62 39 12/1/2006 460,216.17 2,109.32 322.16 459,894.01 83,293.94 40 1/1/2007 459,894.01 2,107.85 323.64 459,570.37 85,401.79 41 2/1/2007 459,570.37 2,106.36 325.12 459,245.25 87,508.15 42 3/1/2007 459,245.25 2,104.87 326.61 458,918.63 89,613.03 43 4/1/2007 458,918.63 2,103.38 328.11 458,590.53 91,716.40 44 5/1/2007 458,590.53 2,101.87 329.61 458,260.91 93,818.28 45 6/1/2007 458,260.91 2,100.36 331.12 457,929.79 95,918.64 46 7/1/2007 457,929.79 2,098.84 332.64 457,597.15 98,017.48 47 8/1/2007 457,597.15 2,097.32 334.17 457,262.98 100,114.80 48 9/1/2007 457,262.98 2,095.79 335.70 456,927.29 102,210.59 49 10/1/2007 456,927.29 2,094.25 337.24 456,590.05 104,304.84 50 11/1/2007 456,590.05 2,092.70 338.78 456,251.27 106,397.55 51 12/1/2007 456,251.27 2,091.15 340.33 455,910.94 108,488.70 52 1/1/2008 455,910.94 2,089.59 341.89 455,569.04 110,578.29 53 2/1/2008 455,569.04 2,088.02 343.46 455,225.58 112,666.32 54 3/1/2008 455,225.58 2,086.45 345.03 454,880.55 114,752.77 55 4/1/2008 454,880.55 2,084.87 346.62 454,533.93 116,837.64 56 5/1/2008 454,533.93 2,083.28 348.21 454,185.73 118,920.92 57 6/1/2008 454,185.73 2,081.68 349.80 453,835.93 121,002.60 58 7/1/2008 453,835.93 2,080.08 351.40 453,484.52 123,082.68 59 8/1/2008 453,484.52 2,078.47 353.01 453,131.51 125,161.15 60 9/1/2008 453,131.51 2,076.85 354.63 452,776.87 127,238.01 61 10/1/2008 452,77f'87 2,075.23 356.26 452,420.62 129,313.23 62 11/1/2008 452,420.62 2,073.59 357.89 452,062.72 131,386.83 63 12/1/2008 452,062.72 2,071.95 359.53 451,703.19 133,458.78 64 1/1/2009 451,703.19 2,070.31 361.18 451,342.01 135,529.09 65 2/1/2009 451,342.01 2,068.65 362.83 450,979.18 137,597.74 66 3/1/2009 450,979.18 2,066.99 364.50 450,614.68 139,664.73 67 4/1/2009 450,614.68 2,065.32 366.17 450,248.51 141,730.04 68 5/1/2009 450,248.51 2,063.64 367.85. 449,880.67 143,793.68 69 6/1/2009 449,880.67 2,061.95 369.53 449,511.13 145,855.64 70 7/1/2009 449,511.13 2,060.26 371.23 449,139.91 147,915.90 71 8/1/2009 449,139.91 2,058.56 372.93 448,766.98 149,974.45 72 9/1/2009 448,766.98 2,056.85 374.64 448,392.34 152,031.30 M I• ~ - - 2e 8 Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. n~-~~n RESOLUTION SETTING A PUBLIC HEARING ON AUGUST 26, 2008, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATER TREATMENT PLANT AUTOMATIC SOURCE TRANSFER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 26th day of August, 2008, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed a ATTEST pwengtres\wtp setph.doc Resolution No. 08-230 Page 2 It was moved by Champion and seconded by o'Donneil the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia ~_ Hayek x ~ O'Donnell x Wilburn x Wright wpdata~glossary/resolution-ic.doc M ~6 2e 10 Prepared by: Terry Trueblood, Parks & Recreation Director, 410 E. Washington St., Iowa City, IA 52240, (319)356-5210 RESOLUTION NO. n~-~'i 1 RESOLUTION SETTING A PUBLIC HEARING FOR AUGUST 26, 2008 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WATERWORKS PRAIRIE PARK FISHING PIER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 26th day of August, 2008, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Parks and Recreation Director in the office of the City Clerk for public inspection. Passed and approved this 11th day of ATTEST: -' aY,~cQ.~ CITY RK r ~/~'/~ ~. City Attorney's Office ~ ~~~ Wpdata/PRadmin/pier setph.doc Resolution No. 08-231 Page 2 It was moved by Champion and seconded by 0 ~ nonnPl 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion ~_ Correia ~_ Hayek ~_ ~ O'Donnell g Wilburn x Wright wpdalalgbssary/resolution-ic.doc M~ .; ~ ~ Prepared by: Sara Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-232 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF NORTHTOWNE NAR OAS UITHGATE BPY ROPER IESEAND SETTING NA THIRD ADDITIO , PUBLIC HEARING FOR AUGUST 26, 2008. WHEREAS, on May 13, 2008, Council set a public hearing on a resolution to vacate Northtowne Parkway right-of-way within the Highlander Development, Third Addition; and WHEREAS, in conjunction with the requested vacation, Southgate BP Properties is requesting that the City convey to it the right-of-way, in the event that Council approves the requested vacation; and WHEREAS, in exchange for this conveyance, Southgate BP Properties will convey to the City a comparable parcel of privately-evelo ment Third Addit onethat w II then Ibe known as Northtowne North of Lot 12 of Highlander D p Parkway, along with the attendant utility easement; and WHEREAS, Southgate BP Properties will be responsible for constructing a roadway upon this replacement right-of-way; and WHEREAS, Iowa City Ambulatory Surgical Center, L.L.C., as owner of Lot 12 of Highlander Development Third Addition, which is adjacent to Northtowne Parkway, has acknowledged that vehicular and pedestrian access to its facilities will be affected by the requested release and vacation, and has further acknowledged that it concurs with Southgate BP Properties application for said release and vacation. WHEREAS, these actions are being taken in order to allow more flexibility in developing Highlander Development Third Addition and will also benefit the public, as the relocated Parkway can more easily connect to Oakdale Boulevard at such time as the Boulevard extension is complete. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey its interest in the right-of- way known as Northtowne Parkway located within the Highlander Development Third Addition to Southgate BP Properties, subject to the terms and conditions stated in the attached Exchange Agreement, incorporated herein. 2. A public hearing on said proposal should be and is hereby set for August 26, 2008, at 7:00 p.m. in Emma Harvat Hall of City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said X G~ No ~,~' a~ ~~ Resolution No. ~~-~'~2 Page 2 public hearing to be published as provided by law. Passed and approved this 11th day of u u t P8~ a Approved by: ~+~C. ATTEST: City Attorney's Office ~/7 /D~ CITY ERK Resolution No. 08-232 Page 3 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: X -~Y- x x _~ x ~- O'Donnell the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc M~ 2f 1 Prepared by: Sara F. Greenwood Hektoen, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 08-233 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A SHARED ACCESS EASEMENT AND A PERPETUAL PARKING EASEMENT LOCATED ON 820 AND 824 E. BURLINGTON STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City previously required the owners of 820 E. Burlington Street and 824 E. Burlington Street, Iowa City, Iowa, to execute a Shared Access Easement Agreement and a Perpetual Parking Easement Agreement in connection with the development of residential dwellings located on the two parcels; WHEREAS, these two parcels have been redeveloped from two single family homes to one 9-unit condominium building with a footprint that spans both 820 E. Burlington and 824 E. Burlington; WHEREAS, given that there are no longer two separate structures on these lots and adequate parking and access is available to service the 9-unit condominium building, the owner has requested the City release the existing easements; WHEREAA, the Shared Access Easement Agreement and Perpetual Parking Easement Agreement both provide that they may be released by appropriate mutual agreement between the owners of the real estate and the City of Iowa City upon substantial change in the use of the real estate; WHEREAS, Staff recommends release of the existing easements as the redevelopment of this real estate constitutes a substantial change in its use; WHEREAS, it is in the public interest to release the existing easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to release the Shared Access Easement and Perpetual Parking Easement. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest, the Release Of Easement attached hereto. 3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office, together with the attached Release, said recording costs to be paid by ST Enterprises, LLC. Fe~olution No. 08-233 Page 2 Passed and approved this 11th day of ~~g~,~r , 2008. Approved by ~~~ City Attorney's Office ~11~ g~o~. ATTEST: CITY -ERK Resolution No. 08-233 Page 3 It was moved by champion and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: x x X ~- x x NAYS: ABSENT: . Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalglossary/resolution-ic.doc Prepared by and after recording return to: Sarah E. Swartzendruber 1100 5th Street, Suite 205 (319) 354-1019 Moyer & Bergman, PLC Coralville, IA 52241 FAX (319) 354-1760 RELEASE OF EASEMENT WHEREAS, the City of Iowa City previously required the owners of 820 E. Burlington Street and 824 E. Burlington Street to execute a Shared Access Easement Agreement and a Perpetual Parking Easement Agreement in connection with the development of residential dwellings located at located at 820 E. Burlington Street and 824 E. Burlington Street; WHEREAS, the residential dwellings at 820 and 824 E. Burlington Street no longer exist and there now exists a 9-unit condominium building at 820 E. Burlington Street; WHEREAS, the Shared Access Easement Agreement and Perpetual Parking Easement Agreement are no longer necessary to serve the real estate; WHEREAS, the Shared Access Easement Agreement and Perpetual Parking Easement Agreement both provide that they may be released by appropriate mutual agreement between the owners of the real estate and the City of Iowa City upon a substantial change in the use of the real estate; NOW THEREFORE, the undersigned owner of the real estate and the City of Iowa City, Iowa, do hereby release all right, title and interest in the Shared Access Easement Agreement and in the Perpetual Parking Easement Agreement recorded in Book 2013, at Page 49 of the records of the Recorder of Johnson County, Iowa. ST ~Et~Rt C CITY O WA CITY O ~- BY: wen T. Larson, Member genia D. Bailey, M yor Attest: Ma ' K. Karr, City Clerk STATE OF IOWA ) SS: JOHNSON COUNTY ) ~~ This instrument was acknowledged before me this ~ day of ~ , 2008 by Swen T. Larson, as a Member of ST Enterprises, LLC. ~~ Notary Public in and for fih State of Iowa STATE OF IOWA ) SS: JOHNSON COUNTY ) Sarah E S~rart~eadrnher ~~ °'" /kipust 90.2010 ~C On this /! day of .At.~G~tS-r; 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. ,~ SONDRAE FORT ~t ,/^ ~. Commission Numf~er 159791 .S~,c.. /"~ • My Commission Facplres w ~ aoo Notary Public in and for the State of Iowa Prepared by and after recording Sarah E. Swartzendruber Moyer & Bergman, Pt_C 1100 5"' Street, Suite 205 Coralvilie, Iowa 52241 (319} 354-1019 facsimile: (319} 3541760 WHEREAS, the City of Iowa City previou y required the wners of 820 E. Burlington Street and 824 E. Burlington Street to execute a Sh red Access asement Agreement and a Perpetual Parking Easement Agreement in connection ith the velopment of residential dwellings located at 820 E. Burlington Street and 824 E. Burling n Str a#; WHEREAS, the residential dwellings at $20 a 824 E. Burlington Street no longer exist and there now exists a 9-unit condominium building t 20 E. Burlington Street; WHEREAS, the Shared Access Ease nt Ag Bement and Perpetual Parking Easement Agreement are no longer necessary to se a the rea estate; WHEREAS, the Shared Access sement Agree ent and Perpetual Parking Easement Agreement both provide that they m y be released by propriate mutual agreement between the owners of the real estate and the of Iowa City upon substantial change in the use of the real estate; NOW THEREFORE, a undersigned owner of the al estate and the City of Iowa City, Iowa, do hereby release all 'ght, title and interest in the Share Access Easement Agreement and in the Perpetual Parking sement Agreement recorded in Bo k 2013, at Page 49 of the records of the Recorder of John n County, Iowa. ST ENTERPRI By: Larson, Member CITY OF I¢~IUA\ITY, IO^WA C By. is D Attest: ~ ~ ~~~,-v/ I aria .Karr, City Clerk STATE OF IOWA ) SS: JOHNSON COUNTY ) This instrument was nowledged before me this day of by Swen T. Larson, as a Memb r of ST Enterprises, LLC. Notary Public in and/Form the State of Iowa. STATE OF IOWA ) SS: JOHNSON COUNTY ) 2008 On this ~ day of ~T , 2008, before me, t undersigned, a Notary Public in and for said County, in said State, personally appeared Re a is D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn did y that they are the Mayor and City Clerk, respectively, of said municipal corporation exec ting the regoing instrument; that the seal affixed thereto is the sea( of said municipal corpora ' n; that sal instrument was signed and sealed an behalf of said municipal corporation by auth rity of the City ouncil of said municipal corporation; and that the said Regenia D. Bailey an Marian K. Karr a nowledged the execution of said instrument to be the voluntary act and d d of said municipal c potation and by them voluntarily executed. SONDRAE FO PT / I ~„~n~ ~a,~-~ Commission Number 159 91 My Commission Ex i s NOta Public in and form State of Iowa. 2f 2 Prepared by: Sara F. Greenwood Hektcen,-Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. oa-234 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER AND DRAINAGE EASEMENT AGREEMENT PERTAINING TO BLOCK 40, ORIGINAL TOWN OF IOWA CITY, IOWA. WHEREAS, New Pioneer's Cooperative Society ("New Pi") is the owner of Lot 7, Block 40, Original Town, Iowa City, Iowa, locally known as 22 S. Van Buren; WHEREAS, the City and New Pi recently entered into an agreement for the reconstruction of the East-West alley located in Block 40, which included the installation of a storm sewer system; and WHEREAS, said reconstruction is complete and New Pi would now like to dedicate a Storm Sewer and Drainage Easement to the City; and WHEREAS, City staff has approved the location of the storm sewer and drainage easement area, as well as the associated easement agreements; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the Storm Sewer and Drainage Easement Agreement pertaining to part of Block 40, Original Town, Iowa City, Iowa. 2. The City Cierk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at the expense of Owner. Passed and approved this 11th day of ATTEST: ~ 7C - ~~ CITY tERK v ~~f~ APPROVED BY• ' City Attorney's Office 7~3/~G 8' Resolution No. 08-234 Page 2 It was moved by Champion and seconded by o' nonnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x ~- x x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdaia/glossary/resolusor,-ic.aoc Prepared by and Return to• Robert J O'Shea, 2735 lei Avenue SE Cedar Rapids, IA 52402(319)866- 9277 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NEW PIONEER'S COOPERATIVE SOCIETY PART OF BLOCK 40, ORIGINAL TOWN OF IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between New Pioneer's Cooperative Society ("Owner"), which expression shall include successors in interest and assigns and the City of Iowa City, Iowa ("City"), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys. to the City an easement for the purposes of excavating for the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainage as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with the right of ingress and egress. thereto, over and across the area designated as "Storm Sewer and Drainage Easement", all as shown and described on the attached Exhibit "A" and referred to herein as "easement area." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear any and all trees and brush on said easement area, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights . hereunder in any manner The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have good title and lawful right to convey it, or any part thereof. Nothing in this agreement shall be construed to impose a requirement on the City to install the original public improvements} at issue herein. Nor Shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this ~ day of ~ b ~(' , 200%. . OWNER: New Pioneer's Cooperative Society By: .---- Title• ~ ~h e ~4 / ~~~ n ~ y ~./` STATE OF IOWA ) ss: . JOHNSON COUNTY ) . ~" 9 This instrument acknowledged before me this /!3' "flay of ~,bru.~~, 200,, by ~ene..ra~ ~ of New Pioneer's Cooperative-society. ~'Yla~-E-h2tc~ 1-sari-~ ~- :>>, ~~~zz~ess Notary Public in and for State of Iowa y i ~ ~il?S ~.,_ ~.~ 5.l 1 2 CORPORATE SEAL City of Iowa City ~~~ ~ ~<~ By~Marian K. xarr,City Clerk On this ~ 1 'day of ~Qu6~~,.r , 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~~ ^ f . ,n, and ~~r~ ; f~. ~ err , to me personally known, who, being by me duly sworn, did say~at-they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing .the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,~ SONDRAE FORT c~ ~"' L ° ~ Commission Number 159791 -J m-+tAn w, C`~o • My Commission Expires Notary Public in and for State Of Iowa .boo STATE OF IOWA ) ss: JOHNSON COUNTY ) PREPARED 8Y: SHIVE-HATTERY, INC. 2834 NORTHGATE DRIVE IOWA CITY, IA 52245 EXHIBIT A STORM SEWER AND DRAINAGE EASEMENT PART OF BLOCK 40, ORIGINAL TOWN OF IOWA CITY, IOWA IOWA AVENUE 0 0 0 N O w Q C] C~ 3 O m i a i Cn 3 O I (V 0 v d ~o n`. a ~v .a N w w z w m Z WASHINGTON STREET SEE SHEET B1.2 FOR DESCRIPTION t- w w H rn z O Z O ONLY THESE COPIES OF THIS DOCUMENT SIGNED AND OATEO IN CONTRASTING INK COLOR ARE ' - TO BE CONSIDERED CERTIFIED OFFIgAL COPIES PER IOWA ADMINISTRATION CODE 193C-6.1(5) I HEREBY CERTIFY THAT THIS lANO SURVEYING DOCUMENT WAS `'' ~ PREPARED AND THE RELATE URVEY WORK WAS P~ER.FO~RDMED AT L SUP N~ OI P N •~•,, EASEMENT REQUESTED BY: ~`•~`,` ~AIYO ~ Q ~~ E A~WS OF ER URVEYO LICENSE BAM A OULY THE STATE of IOWA. ~ ~~ , . /D THE CITY OF IOWA CITY ~~g~C.. • • • b ~~ ~ • • +~ (` ,' •. ~~, ~i~ PROPERTY OWNER: ~v:' Jonathon ':p? SIGNATURE: NAME: thon Bode NEW PIONEER COOPERATIVE a ~811ey ~ DA : NSE NUMBER: 1253 SOCIETY ~ ~Z5$1 ~ ~ , M LICENSE RENEwaI GATE IS: DECEMBER 31, 2010 O 25 5O 100 ~~ ••• '' ~~ '~ ~ ~ ~, PACES. SHEETS OR DIVISIONS COVERED BY MI5 SEAL: '•...• 4i7k *~` ~~ ,, Bt.t 61.2 ••'~` inw# ,~''• ~ • SCALE IN FEET EXHIBIT A PROJECT N0. STORM SEWER AND DRAINAGE EASEMENT 107'42-0 SHIVE HATTERY IowA cITY, IowA " ' DATE =50 SHEET N0. 5-27-08 SCALE t Cedar Rapids, IA ~ Iowa City, IA ~ Des Moines, IA DRAWN ~ JS8 FIELD BOOK ~~ Moline, IL ~ Bloomington, IL APPROVED . JSB REVISION http: //www.shive-hattery.com ILLINOIS FIRM NUMBER: 184-000214 PREPARED BY: SHIVE-HATTERY, INC. 2834 NORTHGATE DRIVE IOWA CITY, IA 52245 EXHIBIT A STORM SEWER AND DRAINAGE EASEMENT PART OF BLOCK 40, ORIGINAL TOWN OF IOWA CITY, IOWA DESCRIPTION A 10 foot wide storm sewer and drainage easement on a part of the obandoned railrood right-of-way lying in Block 40 of the Original Town of Iowa City, Iowa, sold easement being centered on the centerline described as follows: Commencing as a point of reference at the Northwest corner of Lot 5 of soid Block 40; thence North 89'17' Eost 175.0 feet along the South line of the alley located in soid Block 40 (assumed bearing for this description only) to a point of intersection with the Northwesterly line of soid obandoned railrood right-of-way: thence Northeasterly 4.5 feet along said abandoned right-of-way and along the arc of a 833.5 foot radius curve concave Southeasterly (chord bearing North 55'34' Eost 4.5 feet); thence North 55'44' East 3.8 feet along said obandoned right-of-way to the point of beginning of the herein described centerline; thence South 57'25' Eost 25.0 feet; thence South 38'47' Eost 11.0 feet to the end of the centerline herein described. The side lines of said 10 foot wide eosement are 5 feet in perpendicular distance right and left of soid centerline and are to be lengthened or shortened in order to begin at the Northwesterly line of soid obandoned railroad right-of-way. o_ a~ E 0 0 N r` O W H Q U' D O m I D_ v+ 3 O d O U •o a .o .N, SHIVE ~HATTERX Cedar Rapids, IA ~ Iowa City, IA.~ Des Moines, IA Moline, IL ~ Bloomington, IL http: //www.shive-hattery.com ILLINOIS FIRM NUMBER: 184-000214 EXHIBIT A STORM SEWER AND DRAINAGE EASEMEN IOWA CITY, IOWA DATE 5-27-OS SCALE 1"~50' DRAWN JSB FIELD BOOK APPROVED JSB REVISION PROJECT N0. 107142-0 SHEET Na. B1.2 ~ 2f(3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-235 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1215 2nd AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on April 10, 2003, and recorded on April 16, 2003, in Book 3523, Page 613 through Page 617, and another mortgage on April 2, 2004, and recorded on April 2, 2004, in Book 3714, Page 150 through Page 154, in the Johnson County Recorder's Office covering the following described real estate: The south half of Lot 1 in Block 12, in East Iowa City, Johnson County, Iowa according to the recorded plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa. Subject to easements and restrictions of record. WHEREAS, University of Iowa Community Credit Union has refinanced a mortgage to the owner of the property located at 1215 2"d Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 11th day of August , 20_Q~. ATTEST: ..,,,J ~ • ~~ CIT tERK Approved by ~c~ ~ - i ~ ~ City Attorney's Office Resolution No. 08-235 Page 2 It was moved by Cham~i~n and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X ~_ x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and the University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgaqes which at this time are in the amount of $40,396, and was executed by Elyse D. Miller (herein the Owner), dated April 10. 2003, recorded April 16, 2003, in Book 3523, Page 613 through Page 617, and dated A ril 2 2004, recorded April 2, 2004, in Book 3714, Page 150 through Page 154 Johnson County Recorder's Office, covering the following described real property: The south half of Lot 1 in Block 12, in East Iowa City, Johnson County, Iowa according to the recorded plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa. Subject to easements and restrictions of record. WHEREAS, the Financial Institution has loaned the sum of $97,000 on a promissory note executed by the Owner, secured by a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgaqes held by the City be subordinated to the lien of the mortgage made by the Financial Institution and recorded in Book 4251, Page 652 of the Records of the Johnson County Recorder's Office. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: , 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgaqes held by the City is and shall continue to be subject and subordinate to the lien of the mortgage made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgaqes of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 11 day of Ai,u(~utST' , 20~. CITY OF IOWA CITY By FINANCIAL INSTITUTION University of Iowa Community Credit Union, as original assignor B Gs'~ Donald R Wells/First Vice President Attest: City C 7k CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this /l ~~ day of ~ u ~u s'i' , 20 n ~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ; ~ .f3 ~ I! and Marian K. Karr, to me personally known, and, who, being by me my sworn, did say at they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (r6rdirtaTl>re) (Resolution) No. og~ ~3S passed (the Resolution adopted) by the City Council, under Roll Call No. ----~---~- of the City Council on the /~ }`' day of ~~,,~u ~-,- , 20 o g ,and that ~,~~.~;, ; a ~, (3~ ; 1~ ~ and Marian K. Karr acknowledged the execution of the instrumen o be their voluntary ct and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o,~"'~s SONDRAE FORT _ ~ Commission Number 159791 ~~~ ~~,-b ' My Commis ion Expires iow 3 ~ oo Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 9th day of July , 20 08 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald R Wells to me personally known, who being by me duly sworn, did say that he/she is the First Vice President Of University of Ia Comm C U, that said instrument was signed on behalf of said corporation by authority of .its Board of Directors; and that said Donald R Wells acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. Nota ublic in and fort e S ate of Iowa ora"4,~, CONNIEJ.WE~K___ ~ Commission Nutnbet 77220088551 = r My CommiBSiOn Ex ow - - My Commission expires: February 14, 2009 M~ 08-11-08 Zf 4 Prepared by: Sue Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-236 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY AT 960 LONGFELLOW PLACE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City ("City") is the owner and holder of a Second Mortgage, executed by the owner of the property on June 27, 2008 and recorded in the Johnson County Recorder's Office on July 21, 2008, in Book 4327, Pages 992 through 998 covering the following described real estate: Unit 960 Longfellow Place of Lot 11, Longfellow Manor Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 4195, Page 417, Records of Johnson County, Iowa. and WHEREAS, the University of Iowa Community Credit Union ("UICCU") is the owner and holder of a Mortgage secured by the real estate described above and executed by the property owner on June 27, 2008 and recorded in the Johnson County Recorder's Office on July 24, 2008 in Book 4329, Page 417; and WHEREAS, both liens were executed on the same date, but UICCU's lien was recorded after City's lien; and WHEREAS, UICCU has requested that the City execute the attached subordination agreement thereby clarifying that the City's lien is subordinate to said UICCU lien which was the City's intended position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and the University of Iowa Community Credit Union for 960 Longfellow Place, Iowa City, Iowa. Passed and approved this i i th day of August , 20 O8 ATTEST: Approved by ~`~~ ~a City Attorney's Office Annen\formstresolution Auth SubordAgmt.doc Resolution No. 08-236 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x _~.- x .__~__ x x O'Donnell the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdatalgbssary/resolution-ic.doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a Second Mortgage, in the amount of $34,750.00 plus interest as provided in a promissory note, executed by Marlene S. Glowers (herein the Owner), dated June 27, 2008, recorded July 21, 2008, in Book 4327, Page 992 through page 998, Johnson County Recorder's Office, covering the following described real property: Unit 960 Longfellow Place of Lot 11, Longfellow Manor Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 4195, Page -417, Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $ 145,000.00 on a promissory note executed by the Financial Institution and the Owner and secured by a mortgage covering the real property described above and recorded July 24, 2008, in Book 4329 ,Page 417 of the Records of the Johnson County Recorder's Office; and WHEREAS, it is necessary that the Second Mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Second Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Second Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~ ~' day of ~ GusT' , 2008. CITY OF I By Attest: City FINANCIAL INSTITUTION gy .~~~~ Donald R Wells/First Vice President CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this It hl< day of A,u~izsT , 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. a~- d3t~ adopted by the City Council on the ft ~`" day of AU6usT' , 2008, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. a.~"'u SONDRAE FORT _ ~ Commission Number 159791 ~B„i'~ • iow My3 omission Expires Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 1st day of August , 20 0$ ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald R Wells , to me personally known, who being by me duly swom, did say that he/she is the 1st Vice President of TT of I Comm d; Tn; o~flat said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Donald R Wells acknowledged the execution of said instrument to be the voluntary act-and deed of said corporation, by it and by him/her voluntarily executed. -~Zf r~~~c~C~r' L~ ~i--~-~=~~-~ Notary Public in and for tNfe State of Iowa o~ CQNNIE J. WE Connie J Welk Commission Number~20si31 • ~ ~~~ -0 ~~~~) SUBORDINATION AGREEMENT THIS AGREEMENT is ade by and between the City of Iowa City, herein the City, Community Credit Union Iowa City, Iowa, herein the Financial Institution. WHEREAS, ,the City is the otwner and holder of a Second Mortgage, in the amo interest as provided in a promissory note, executed by Marlene S. Glowers (herein 27, 2008, recorded July 21, 200$, in Book 4327, Page 992 through page 998, Jo n Office, covering the following described real property: and Urli4ersity of Iowa of $34,750.00 plus Owner), dated June ~ County Recorder's Unit 960 Longfellow Place,of Lot 11, Longfellow Manor Condo iniums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 41 ,Page 417, Records of Johnson County, Iowa. ,r WHEREAS, the Financial Institution has loaned the sum of $ 145,0(00.00 on a promissory note executed by the Financial Institution and the Owner and''secured by a mortfjage covering the real property described above and recorded July 24, 2008, in Boob 4329 ,Page x#97 of the Records of the Johnson County Recorder's Office; and WHEREAS, it is necessary that the Second Mo~gage :held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutiyal covenants and promises of the parties hereto, the parties agree as follows: '•ti, 1. Subordination. The City hereby covenants aid agrees with the Financial Institution that the above noted Second Mortgage held by the City is an shall continue to be subject and subordinate to the lien of the mortgage made by the Financial Insttion. t 2. Consideration. The City acknowledges receipt om the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuabl consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Fi ancial Institution is hereby acknowledged as a lien superior to the Second Mortgage of the City. 't 4. Binding Effect. This agreement shall be binding upoand inure to the benefit of the respective heirs, legal representatives, successors, and assigns of th parties hereto. Dated this day of , 20•b8. CITY OF IOWA CITY FINANCIAL INSTITUTION By Mayor Attest: City Clerk By ~°~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of , 2008, before me, the undersigned, Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me pers ally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the fifty of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, anct``that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. adopted by the City Council on th day of ~, 2008, and that Regenia D. Bailey and Marian K. Karr acknowledged the exec ion of the instrument to be their,voluntary act and deed and the voluntary act and deed of the corporation, by it voluntari executed. Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of ~, 20 ,before me, the undersigned, a Notary Public in and for the State of Iowa; personally appeared ~, , to me personally known, who being by me duly sworn, did say that he/she is the of ,that said instrument was signed on behalf of said corporation b authority of its Board of Directors; and that said acknowledged the execution o said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. Notary Public in and~or the State of Iowa 1 ~-8 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA .52240 (319)356-5246 RESOLUTION NO. 08-237 2f 5 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1510 CRESCENT STREET, IOWA CITY, IOWA. WHEREAS, on August 28, 1997, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1510 Crescent Street, Iowa City, Iowa from a Mortgage recorded September 12, 1997, Book 2340, Page 282 through Page 286 of the Johnson County Recorder's Office. Passed and approved this 11th day of August , 20 08 IJ v ~- t g'-C~~ ATTEST:_1~~ 1C - ~i~s~/ CITY CLERK City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: O'Donnell the AYES: NAYS: ABSENT: x Bailey x Champion _~ Correia x Hayek x O'Donnell ~_ Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Nancy L. Conner Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1510 Crescent Street, Iowa City, Iowa, and legally described as follows: Lot 3, in Block 6, in Sunnyside Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owner, Nancy L. Conner, to the City of Iowa City represented by a Mortgage recorded September 12, 1997, Book 2340, Page 282 through Page 286 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~~ uG~~ CI ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) City Attorney's Office ~~ On this ~_ day of .~u~cr_~T , A.D. 20~_ before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on be(ralf of tl~e corporation by authority of its City Council, as contained in Resolution No.~~1 a3'/adopted by the City Council on the ~f~ day ~u6u ST , 20~~ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o,~''~,~ SONDRAE FORT nee ~~ Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires . ow 3 7 M~ 2f 6 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. Q8-238 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2105 BROADWAY STREET, IOWA CITY, IOWA. WHEREAS, on August 30, 2004, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2105 Broadway Street, Iowa City, Iowa from a Mortgage recorded July 28, 2005, Book 3916, Page 32 through Page 41 of the Johnson County Recorder's Office. Passed and approved this 11th day of August , 20 08 " // Appr3ved by ~~ ATTEST: Q'.vt-(~ i ~ A~C~`4`..' CITY LERK City Attorney's Office n ~ ~ ~~vs~ It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey g Champion x Correia x Hayek g O'Donnell x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Neighborhood Centers of Johnson County Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 2105 Broadway Street, Iowa City, Iowa, and legally described as follows: A tract of land in the Northeast Quarter of the Northeast Quarter of Section 22, Township 79 Range 6 West of the Fifth Principal Meridian. Said tract is part of Block 1, Braverman Center, according to the plat thereof recorded in Book 7, Page 9, Plat records of Johnson County, Iowa. Said tract is described as: Beginning at the southeast corner of said Block 1, Braverman Center; thence N00°26'20"E, 90.00 feet along the east line of said Block 1; thence N89°33'40"W, 220.00 feet along a line parallel to the south line of said Block 1; thence S00°26'20"W, 90.00 feet to a point on the south line of said Block 1; thence S89°33'40"E, 220.00 feet along said south line to the Point of Beginning. Said tract contains 15,800 square feet or 0.45 acres, more or less. from an obligation of the owner, Neighborhood Centers of Johnson County, to the City of Iowa City represented by a Mortgage recorded July 28, 2005, Book 3916, Page 32 through Page 41 of the Johnson County Recorder's Office. This obligation has-been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recl ATTEST: . CITY K STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~~' day of ~c,l ~w~ , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and tha the instrument was signed and sealed on bg~ralf of t e corporation by authorit of its City Council, as contained in Resolution No. o ~.~3 adopted by the City Council on the ~ day u c~~aS?" , 20~_ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the volunta act and deed of said corporation, by it and by them voluntarily executed. o~ SONDRAE FORT Commission Number 159791 S~ C'.~ My Commission E~ire& t o `'~' row 7 ~ Notary Public in and for Johnson County, Iowa City Attorney's Office ~1 lg~~,~ M~ 2f 7 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-239 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 605 MANOR DRIVE, IOWA CITY, IOWA. WHEREAS, on June 20, 2003, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 605 Manor Drive, Iowa City, Iowa from a Mortgage recorded July 17, 2003, Book 3589, Page 296 through Page 302 of the Johnson County Recorder's Office. Passed and approved this i ~ th day of August , 20~_. ATTEST Fce It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _~ Champion x Correia x Hayek ~_ O'Donnell ~_ Wilburn ~_ Wright (~~a Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Marjorie Kathryn Rahe Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 605 Manor Drive, Iowa City, Iowa, and legally described as follows: Lot126 in Park View Terrace subdivision, Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, Marjorie Kathryn Rahe, to the City of Iowa City represented by a Mortgage recorded July 17, 2003, Book 3589, Page 296 through Page 302 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recc ATTEST: J ~- ~V CITY C RK City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) On this rl ~ day of ~uf~~T , A.D. 20~ S ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Cleric, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on b~half of t e corporation by authority of its City Council, as contained in Resolution No.oadopted by the City Council on the Jl , day ~ 6 , 20~_ and that the said Regenia D. Bailey and Marian K. K rr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o~a SONDRAE FORT ~~c~n~.. ~itYY~ Commission Number 159791 Notary Public in and for Johnson County, Iowa pow ~ My C~ m~ ion Expires ~._' g^~~ ~~C7) HAWKEYE AREA a COMMUNITY ACTION PROGRAM, INC July 31, 2008 The Honorable Regina Bailey 410 East Washington Street Iowa City, Iowa 52240 Dear Mayor Bailey: _. 9 Q _ ,. ~; ~- ° `:~' '~ . i ,-~, c~ f-. J' ~' ,..,. -~ y-.~~ r4~ _. ~~ ~„ lV HACAP currently has a real estate contract/installment agreement with the City of Iowa City for the purchase of 1926 and 1946 Broadway Street apartment complexes with a balloon payment that becomes due on October 1, 2008. We are asking that the city extend the current purchase contract for a period of one year, through September 30, 2009 so that we can carefully consider all financing options available. We understand that we will make a balloon payment that will cover the remaining amount due by September 30, 2009. Thank you for considering our extension request. ~~~~~~~ a.ne Drapeaux CEO Cc: Doug Boothroy, Housing Services Director 1926/1946 Broadway Property File 1515 Hawkeye Drive PO Box 490 Hiawatha, Iowa 52233 ph 319-393-7811 fx 319-393-6263 email hacapQhacap.org www hacap.org a help up, not a hand out AN EQUAL OPPORTUNITY AGENCY A MEMBER OF THE UNITED WAY 0$=11-08 n~ -~, 2f 8 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-240 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1928 H STREET, IOWA CITY, IOWA. WHEREAS, on May 22, 2007, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1928 H Street, Iowa City, Iowa from a Mortgage recorded May 31, 2007, Book 4165, Page 105 through Page 110 of the Johnson County Recorder's Office. Passed and approved this 11th day of august , 20 08 ~-a $~$~ ATTEST rice It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek ~_ O'Donnell g Wilburn ~_ Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Michael S. Finders and Amy B. Finders Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1928 H Street, Iowa City, Iowa, and legally described as follows: The south 60 feet of Lot eight (8) in Block thirty-two (32) in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof. Subject to easements and restrictions of record. from an obligation of the owners, Michael S. Finders and Amy B. Finders, to the City of Iowa City represented by a Mortgage recorded May 31, 2007, Book 4165, Page 105 through Page 110 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior ATTEST: Q~c.cot-cam ~'C 7LGQ~J CI RK City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~ j ~ day of ~HuGu 5'r' , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on b~half of the corporation by authority of its City Council, as contained in Resolution NoA_ .~~ adopted by the City Council on the ~_ day ~ yuST 20~9~ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o '~ a SONDRAE FORT ~~dN,l ~ ~~ z ~ Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires row 3 ~ ~_ dq_~`~ MJ~, 2f 9 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 08-241 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR LOT 36 OF SCOTT-SIX INDUSTRIAL PARK WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvements for Lot 36 of Scott-Six Industrial Park, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 11th day of August ATTEST: ~ - `7~~'~ CITY RK City Attorney's office It was moved by Chamvion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: X X X X X -~ ~_ NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pweng/res/scott-six. doc ~~ C~ ~ _.! r 1 7- ~III~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240- 1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT August 4, 2008 Honorable Mayor and City Council Iowa City, Iowa Re: Lot 36 of Scott-Six Industrial Park Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer public improvements for Lot 36 of Scott-Six Industrial Park has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office for the sanitary sewer improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng\letterslscott-six. doc 08-11-08 ~~ 6 Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. Og_242 RESOLUTION ADOPTING A MASS EVACUATION PLAN TO BE IMPLEMENTED IN CASE OF AN EMERGENCY REQUIRING EVACUATION OF THE CITY OF IOWA CITY, OR PORTIONS THEREOF. WHEREAS, due to recent national and local disasters as Hurricane Katrina and the recent flooding of the Iowa and Cedar Rivers, it has been determined that a Mass Evacuation Plan should be developed to provide for a safe and coordinated response to a disaster in Iowa City that requires some or all of the city to be evacuated; and WHEREAS, the purpose of this plan is to provide for the orderly and coordinated evacuation of all or any part of the population of Iowa City, to guide local emergency personnel when making the decision to conduct an evacuation and to outline general procedures to guide the evacuation process; and WHEREAS, City staff has reviewed the attached Mass Evacuation Plan and recommends its adoption; and WHEREAS, the adoption of said Plan is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Iowa City Mass Evacuation Plan is hereby approved and adopted. 2. The Mayor and City Manager are hereby authorized to execute and implement said Plan as needed and as appropriate. 2. The City Manager, or designee, is hereby authorized to review and revise said Plan annually or as needed. Passed and approved this 11th day of Atl~a'st E_~r, r O8~ ATTEST: ~' U APPROVED BY:,1~~~~~<~~/ ~~~~ CITY LERK City Attorney's Office ~/,y~~~ Resolution No. 08-242 Page 2 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Correia x Hayek x ~ O'Donnell ~_ Wilburn x Wright wpdatalglossaryfresoluGon-ic.doc Iowa City, IA CITY OF IOWA CITY Mass Evacuation Plan xecorct of t.nan e Chan a Number Date of Chan a Chan a Number Chan a Made b Si nature Forward The basic purpose of this Plan is to provide guidance for emergency operations during an evacuation of the City of Iowa City. This Plan is intended to assist city officials and emergency organizations in carrying out their responsibilities for the protection of life and property. It emphasizes the coordination and communication that must exist within and between governmental entities, private and volunteer organizations, the public, and the many individuals with emergency operations responsibilities or capabilities. Although an organization may have the foresight to plan for anticipated situations, such planning is of little worth if the planning is not reduced to written form. Personnel with intimate knowledge of unwritten plans may be unavailable at the very time it becomes necessary to implement them. A written plan will furnish a documentary record which can be referred to as needed. This documentary record will serve to refresh the knowledge of key individuals and can be used to inform their successors. TRANSFER OF OFFICE: THIS DOCUMENT SHALL REMAIN THE PROPERTY OF THE CITY OF IOWA CITY, IOWA Upon termination of office by reason of resignation, election, suspension, or dismissal, the holder of this document shall transfer it to his or her successor or to the City of Iowa City, Iowa. Copy No. Assigned ii Table of Contents 1. Introduction 1 a. Purpose 1 b. Scope 1 c. Authority 2 2. Planning Considerations 2 a. Situation 2 b. Assumptions 2 c. Policies 4 3. Concept of Operations 4 a. General 4 b. Evacuation Decisions 5 c. Transportation 5 d. Traffic Control 6 e. Warning and Public Information 6 f. Special Facilities 8 g. Handling Pets During a Disaster 9 h. Access Control and Security 9 i. Return of Evacuees 10 4. Inter-Jurisdictional Relationships 11 5. Actions 11 a. Preparedness 11 b. Response 11 c. Recovery 12 d. Mitigation 12 6. Responsibilities 12 a. All Organizations 12 b. American Red Cross 12 c. Animal Control 13 d. City Manager 13 e. Emergency Medical Services 13 f. Fire Department 13 g. Incident Command System (ICS~Emergency Operations Center (EOC) Interface 13 h. Incident Commander 14 i. Iowa City Incident Command Post 14 j. Mayor of Iowa City 14 k. Police Department 15 iii 1. Public Information Officer 15 m. Public Works 15 n. Special Facilities 15 7. Administration and Logistics 16 a. Documentation 16 b. Resources 16 c. Training 16 8. Plan Development and Maintenance 16 a. Responsibility 16 b. Procedure 16 c. Review 16 d. Distribution 17 9. References 17 lO.Attachments/Maps 1~ List of Attachments A. City Map B. City Flood Plain Map C. Sample Mayor's Proclamation of Civil Emergency and Order to Evacuate D. Sample Mayor's Order to Evacuate E. Red Cross Shelters F. Hospital Contact Information G. School Contact Information H. Nursing Home/Assisted Living/Retirement Centers Contact Info I. Evacuation Route Map J. Evacuation Zones K. Inventory of Evacuation Transit Assets L. Downtown Evacuation Plan M. Sample Evacuation Press Release N. Definitions O. ICS/NIMS Organization Structure P. Advanced Warning Systems and Media Contacts iv Coordinating Agencies Iowa City Police Department Iowa City Fire Department Iowa City Public Works Department Iowa City City Council Johnson County Emergency Management Cooperating Agencies American Red Cross Health and Human Services Iowa City School District Johnson County Sheriff s Office Public Transportation University of Iowa Police Department 1. Introduction a. Purpose The purpose of this Plan is to provide for the orderly and coordinated evacuation of all or any part of the population of Iowa City if it is determined that such action is the most effective means available for protecting the population from the effects of an emergency situation. This Plan's broad policy is to guide local emergency personnel when making the decision to conduct an evacuation and general procedures to guide the evacuation process. b. Scope This Plan provides direction to departments within Iowa City involved in protecting public safety, and preparing for and responding to evacuation, sheltering, and mass care events. This Plan provides a vehicle for establishing and maintaining a current and realistic assessment of the potential outlines, roles, responsibilities and capabilities of the Iowa City departments in preparing for and responding to an evacuation, sheltering and mass care event. It is designed to correspond with the Incident Command System/National Incident Management System structure (see Attachment O). c. Authority i. Public Law 81-920 (Federal Civil Defense Act of 1950), as amended; ii. Robert T Stafford Disaster Relief and Emergency Assistance Act Public Law 93-288 (Disaster Relief Act of 1974), as amended; iii. Homeland Security Presidential Directive 8 National Preparedness; iv. Post-Katrina Emergency Management Reform Act of 2006; v. Pets Evacuation and Transportation Act 2006; vi. American With Disabilities Act (ADA); vii. Chapter 29C Iowa Code Emergency Management, as amended; viii. Iowa Administrative Code 605 Emergency Management; ix. Iowa City Ordinance 8-1-2 Proclamation; Curfew Imposed; Evacuation; x. Iowa City Ordinance 8-1-1 Definitions; xi. Iowa City Ordinance 1-5-4 Duties of Mayor. 2. Planning Considerations a. Situation i. There are a wide variety of emergency situations that might require an evacuation of portions of the local area, including civil emergencies as defined by Iowa City Code 8-1-1 (see Attachment A for City map). 1. Limited evacuation of specific geographic areas may be needed as a result of a hazardous materials transportation accident, major fire, natural gas leak, tornado damage, or localized flooding/flash flooding; 2. Large scale evacuation may be required in the event of a major hazardous materials spill, terrorist attack with chemical agent or extensive flooding (see Attachment B for 100 Year Flood Plain map). ii. In the event that the Mayor declares a state of civil emergency, as defined in Iowa City Code 8-1-1, the Mayor has the authority to order mandatory evacuation and establish a curfew pursuant to Iowa City Code 8-1-2. b. Assumptions i. Lead time necessary to conduct a mass evacuation-it may be necessary to activate the Mass Evacuation Plan up to 48 hours before the time for evacuation is ordered. Resources may need to be activated up to 24 hours before the start of the evacuation to have sufficient capacity in place once the evacuation order is given. ii. The weather is a contributing factor in planning an evacuation. Monitoring the different variables in severe weather (the most common reason for evacuations) make it difficult for planners to commit costly resources as far as 48 hours before the storm arrives. iii. Transportation planning is based on the amount of people that will need to be evacuated to shelters/evacuation centers. Consideration of the distance between the pick up point and the shelter/reception center is necessary to determine the amount of resources and the availability of the 2 transportation to make more than one trip to pick up evacuees. The distance between evacuation shelters and companion animal shelters is equally important for a successful evacuation. iv. Consideration must be given to the Special Needs Population which may include medical requirements, foreign language support, accommodations for physical disabilities and the supply of transportation. v. Transportation and shelter care for animals when relocation is necessary is of considerable importance. There are special evacuation requirements for animals under the National Response Plan. 1. Service Animals have the same access to facilities as the humans that they serve under the ADA regulations. 2. Companion Animals planning is critical as a part of the mass care component. Historically individuals have refused to evacuate and resisted rescue if they are forced to leave their companion animal. 3. Livestock, Captive Animals, Wildlife Agriculture Animals present a unique challenge to relocate in a safe environment for not only the animals but also the human population. 4. Consideration of animal contamination is necessary due to the possibility that neighboring jurisdictions may refuse to accept evacuees or patients that have been contaminated or infected. 5. Response to events without warning such as flash flooding or industrial accidents and terrorist attacks will follow the same Concept of Operations, as detailed below. vi. Most people at risk will evacuate when local officials recommend that they do so. A general estimate is that 80 percent of those at risk will comply when local officials recommend evacuation. The proportion of the population what will evacuate typically increases as a threat becomes more obvious to the public or more serious. vii. Some individuals will refuse to evacuate regardless of the threat. viii. When there is sufficient warning of a significant threat, some individuals who are not at risk will evacuate. ix. Some evacuation planning for known hazard areas can and should be done in advance. x. The need to evacuate may become evident during the day or night and there could be little control over the evacuation start time. xi. In most emergency situations, the majority of evacuees will seek shelter with relatives or friends or with commercial accommodations rather that in public shelter faculties. xii. Most evacuees will use their own personal vehicles to evacuate, however transportation may need to be provided for evacuees without personal vehicles (see Attachment K for an inventory of emergency transit vehicles). xiii. Schools, medical institutions, and congregate care (assisted living)/nursing home facilities will undertake evacuations utilizing their own (i.e. non- governmental) resources. The City of Iowa City believes that such facilities have a duty to maintain a basic level of protection to the people 3 under their care. This duty extends to evacuation when other reasonable protective means are not available at their facility. While the City of Iowa City will endeavor to assist these facilities with its limited resources, they must not rely exclusively on the City of Iowa City for transportation. xiv. In the event of a mandatory, city-wide mass evacuation, all City shelters will be evacuated and no additional shelters will be opened within the City. c. Policies i. The protections of human life will take precedence over all other response priorities, including crime scene preservation and property protection. ii. First responders play a central role in saving human lives from the consequences of an emergency or disaster, and often do so at a ratio of one responder to many lives saved. Therefore, Iowa City will make all reasonable accommodations needed to ensure the safety of all first responders. iii. No Iowa City employee will be asked, expected, or permitted to work under conditions for which they do not have the proper training or personal protective equipment, as required by state and federal occupational safety and health regulations. iv. Iowa City will provide emergency resources without regard to race, religion, national origin, language, socioeconomic status, gender, or political party affiliation. v. All agencies involved in emergency or disaster response will maintain complete and accurate records of all of their disaster related expenditures. vi. The heads of all agencies that play a role in the implementation of this Plan will designate a primary and alternate successor for themselves and all key supervisory positions within their agencies for the purpose of maintaining continuity of leadership, authority, and responsibility. 3. Concept of Operations a. General i. Evacuation is one means of protecting the public from the effects of a hazard; protection is achieved by moving people away from the hazard. In planning for evacuation, the characteristics of the hazard and its magnitude, intensity, speed of onset, and anticipated duration are all significant factors. These will determine the number of people to be evacuated, the distance people must be moved to ensure their safety, the need for reception facilities, and the extent of traffic control and security required. ii. The City must be prepared to conduct both small-scale and large-scale evacuations at all times of the day both from known hazard areas and from unexpected incident locations. 4 b. Evacuation Decisions i. The Incident Commander or, for large-scale evacuations extending beyond Iowa City corporate limits, the Johnson County Emergency Operations Center shall assess the need for evacuation, plan evacuations, and coordinate support for the evacuation effort. Evacuation planning should resolve the following questions: 1. What areas or facilities are at risk and should be evacuated? 2. How will the public be advised of what to do? 3. What do evacuees need to take with them? 4. What travel routes should evacuees use? 5. What transportation support is needed? 6. What traffic control is needed? 7. Does the anticipated duration of the evacuation make it necessary to activate shelter and mass care facilities? 8. How will evacuated areas be secured? Evacuations that must be conducted because of incidents that occur without warning may have to be planned quickly and carried out with only those resources that can be mobilized rapidly. ii. The Incident Commander shall make the decision to recommend voluntary evacuation of the populace in and around an incident area. The Mayor shall make the decision to mandate evacuation in affected areas The Board of Supervisors and the Emer~ency Operations Center shall be responsible for county-wide evacuations or evacuations of unincorporated areas within Johnson County. iii. See Attachments I and J for an Evacuation Route Map and Evacuation Zones. c. Transportation i. Individuals. 1. It is anticipated that the primary means of evacuation for most individuals will be personal. However, some individuals do not own vehicles and others will need assistance in evacuating and provisions must be made to provide public transportation for these individuals. ii. Special Facilities. 1. Public schools normally have their own transportation resources; some private schools and day care centers may also have some transportation assets. Most other special facilities rely on commercial or contract transportation companies for their specialized needs. Unfortunately, many of these providers cannot provide sufficient equipment to evacuate a sizeable facility in short 5 notice. Hence, local government may be requested to assist in providing transport. iii. School buses, city buses, ambulances, and other transportation vehicles may provide emergency transportation. In the case of large-scale evacuations with advanced warning, pickup points may be designated for transportation. iv. Consideration should be given to the establishment of evacuation assembly areas for citizens to gather while awaiting transportation from the threatened area. v. Public information messages that emphasize the need for citizens to help their neighbors who lack transportation or need assistance can significantly reduce requirements for public transportation during an evacuation. vi. Public transportation vehicles should transport affected citizens from evacuation assembly areas to designated evacuation centers or evacuation shelters (see Attachment K for an inventory of evacuation transit assets). d. Traffic Control i. The Iowa City Police Department shall control the actual evacuation movement. ii. Such means of controlling traffic may include the use of checkpoints, roadblocks, road closures, traffic directional controls and pilot cars (see Attachment N). iii. If possible, two-way traffic should be maintained on all evacuation routes to allow continued access for emergency vehicles. iv. The Iowa City Public Works Department, upon request, shall provide or obtain traffic directional control devices, such as signs and barricades, for evacuations where time permits. v. Law enforcement will request wrecker services needed to clear disabled vehicles from evacuation routes. e. Warning and Public Information i. Incident Commander, or designee, will arrange for warning people to be evacuated within the corporate limits of Iowa City. ii. The Johnson County Emergency Operations Center or the Public Information Officer (PIO) should disseminate warning for large-scale evacuations beyond the corporate limits of Iowa City and shall assist, as requested, with use of National Oceanic and Atmospheric Administration (NOAA) weather radio notices, Code Red reverse 911 notifications or other dissemination as requested. iii. Advanced notice of possible evacuation. 6 1. For slowly developing emergency situations, advanced warning should be given to affected residents as soon as it is clear that evacuation may be required. 2. Incident Commander, or designee, should disseminate such advanced notice through the media (see Attachment M for a sample press release and Attachment P for a list of media contacts). 3. Advanced warning should address suitable preparedness actions, such as securing property, assembling disaster supplies, fueling vehicles, and identifying evacuation routes, as appropriate. 4. Special facilities should be provided advance warning (see Attachments F-H for special facility contact information). The Incident Commander should request that such facilities review and prepare to implement their evacuation plans and to keep the Incident Commander and Johnson County EOC informed of their status and any requirements for assistance. iv. Evacuation warning 1. Once the need for evacuation has been identified and declared by the Incident Commander or mandated by the Mayor, an evacuation warning should be disseminated through all available warning systems and media outlets (see Attachment P). 2. In the case of immediate evacuation in and around an incident site, route alerting using siren and speaker-equipped vehicles moving through the affected area may be utilized. When possible, two vehicles should be employed -- the first to get the attention of the people and a second to deliver the evacuation message. 3. Door-to-door notification should be considered for large buildings and in areas where residences may be some distance from the road. 4. A specific division of responsibility to notify special facilities of an evacuation warning should be made so that no facilities are inadvertently overlooked. 5. Law enforcement personnel should sweep the evacuation area to insure all those at risk have been advised of the need to evacuate and have responded. Persons who refuse to evacuate will be left until all others have been warned. Emergency workers will return when EOC officials have determined that everyone has been informed of the evacuation. At that point, further efforts may be taken to persuade these individuals to leave, including possible arrest. v. Emergency public information 1. Warning messages disseminated through warning systems (see Attachment P) alert the public to a threat and provide basic 7 instructions. They are necessarily short and to the point (see Attachment M for sample press release). The public will often require additional information on what to do during an evacuation. 2. The Public Information Officer (PIO) is responsible for insuring that such information is provided to the media on a timely basis for further dissemination to the public. 3. Provisions must be made to disseminate information to individuals with special needs, including the blind and hearing impaired. 4. Amplifying instructions for an evacuation may include information on the location of shelter and mass care facilities (see Attachments E-H); specific evacuation routes (see Attachment I); guidance on securing their homes; and the need for evacuees to take certain items with them during an evacuation. 5. When school children are evacuated, parents should be provided timely information on where to pick them up. 6. When the incident that generated the need for evacuation is resolved, evacuees must be advised when it is safe to return to their homes and businesses. £ Special Facilities i. Special facilities, such as schools, hospitals, nursing homes, day care facilities, and correctional facilities are responsible for the welfare and safety of their clients, patients, and inmates. Virtually all such facilities are required to have an emergency plan that includes provision for emergency evacuation, but in order to effectively implement their plans they must be warned of emergency situations. (See Attachments F-H for contact information.) ii. Schools and Day Care Centers 1. If evacuation of public schools is required, students should be transported on school buses to other schools outside of the risk area, where their parents can pick them up. (See Attachment G for contact information and Attachment K for an inventory of evacuation transit assets). 2. It is essential that the public be provided timely information on these arrangements. In the case of a large-scale emergency situation with advance warning, schools will typically be closed and students returned to their homes so they can evacuate with their families. 3. Private schools and day care centers, including adult care facilities, typically do not have significant transportation resources and may require governmental assistance in evacuating. iii. Hospitals, Nursing Homes and Correctional Facilities 8 1. If evacuation of these facilities is required, patients and inmates should be transported, with appropriate medical or security support, to a comparable facility. 2. Medical patients and prisoners should not be housed in shelter and mass care facilities with the general public. 3. The facility operator is responsible for making arrangements for suitable transportation and coordinating use of appropriate host facilities. (See Attachments F and H for contact information) 4. In the case of short-notice or no-notice emergency situations, facilities may be unable to make the required arrangements for transportation and may need assistance from local government with transportation and in identifying suitable reception facilities. g. Handling Pets During a Disaster i. The Animal Services Department should coordinate arrangements for evacuees who come to public evacuation shelters with pets. 1. For health reasons, pets are not allowed in emergency evacuation shelters operated by the American Red Cross and most other organized volunteer groups. 2. Evacuees who go to the homes of relatives or friends or commercial accommodations with their pets do not normally pose difficulties during evacuation. However, evacuees with pets seeking public shelter can create potential problems. A number of studies indicate that some people, particularly the elderly, will not leave their homes if they cannot take their pets with them. When people have left pets behind during evacuations, emergency responders have sometimes had to return to the evacuated area to round up and remove those pets and other animals. Hence, it is desirable to make reasonable arrangements for evacuees who come to public evacuation shelters with pets. ii. Depending on the situation and availability of facilities, one or more of the following approaches will be used to handle evacuees arriving at public evacuation shelters with pets: 1. Providing pet owners information on nearby kennels, animal shelters, and veterinary clinics that have agreed to temporarily shelter pets; 2. Directing pet owners to a public shelter that has covered exterior corridors or adjacent support buildings where pets on leashes and in carriers may be temporary housed; 3. Setting up temporary pet shelters at fairgrounds, rodeo or stock show barns, livestock auctions, and other similar facilities. h. Access Control and Security 9 i. Law enforcement should establish access control points to limit entry into evacuated areas and, where possible, conduct periodic patrols within such areas to deter theft. 1. In an evacuation, the security of evacuated areas is extremely important. Those who have evacuated may not do so in the future if their property has been damaged or stolen during their absence. ii. Fire departments should take measures to insure continued fire protection to the extent possible. iii. If an evacuated area has sustained damage and cannot be reoccupied for an extended period of time, it may be desirable to implement a permit system to limit access to emergency workers, homeowners, business owners, utility workers, and contractors restoring damaged structures and removing debris, as appropriate. i. Return of Evacuees i. Return of evacuees to their homes or businesses in evacuated areas requires the same consideration, coordination, and control as the original evacuation. ii. The Incident Commander will make the decision to return evacuees and disseminate information as appropriate for incidents within the corporate limits of Iowa City. iii. The Johnson County Emergency Operations Center or the appropriate governmental subdivision will make the decision to return evacuees and disseminate information as appropriate for large-scale evacuations extending beyond the Iowa City corporate limits. iv. The following conditions should prevail in the evacuated area before evacuees are authorized to return: 1. The threat that caused the evacuation has been resolved; 2. Sufficient debris has been removed to permit travel and roads and bridges are safe to use; 3. Downed power lines have been removed; ruptured gas, water, and sewer lines have been repaired; and other significant safety hazards have been eliminated. However, utility services may not have yet been fully restored; 4. Structures have been inspected and determined to be safe to reoccupy; 5. Adequate water is available for firefighting; 6. Sufficient access for public safety services is available. v. For return and re-entry, it may be necessary to provide transportation for those who lack vehicles and traffic control on return routes. vi. The Public Information Officer shall notify the public that evacuees are permitted to return to their homes after the above conditions have been met. The notification should address the following issues: 1. Documenting damage for insurance purposes; 2. Caution in reactivating utilities and damaged appliances; 10 3. Clean-up instructions; 4. Removal and disposal of debris. 4. Inter-Jurisdictional Relationships a. Mutual aid agreements have been established to assure assistance for disaster response needs to and from neighboring jurisdictions, the state, and jurisdictions outside the state when necessary. Each primary and supporting agency is responsible for initiating and maintaining appropriate agreements. These agreements include the Iowa Mutual Aid Compact, Individual 28E Agreements, Memorandums of Understanding (MOUs) and Memorandums of Agreement (MOAs). 5. Actions a. Preparedness i. Identify areas where previous major evacuations have occurred and additional areas that may require large-scale evacuation in the future due to known hazards; ii. Determine the population of risk areas and identify facilities that may require special assistance during evacuation (hospitals, nursing homes, schools, etc.) to determine potential transportation requirements; iii. To the extent possible, identify individuals with special needs who would require assistance in evacuating and maintain contact information for those individuals; iv. Identify primary and alternate evacuation routes, taking into account road capacities (see Attachment I and J); v. Review the disaster preparedness plans of special facilities and advise facility operators of any changes that may be needed to make them more workable; vi. Include evacuations in the scenario of periodic emergency drills and exercises; vii. Conduct public information programs to increase citizen awareness of possible reasons for evacuation, preplanned evacuation routes, availability of transportation, the need to take appropriate food, clothing, and other disaster supplies during an evacuation, and the desirability of helping neighbors who may need assistance during an evacuation. viii. Disseminate procedures to City Staff for protecting City resources from known hazards by relocating them. b. Response i. The onset of an emergency creates a need for time sensitive actions to save lives and property, as well as for action to begin stabilizing the situation so that the City of Iowa City can regroup. 11 ii. Response actions include; 1. A Mayoral Declaration of a Civil Emergency (see Attachment C); 2. A Mayoral Order to Evacuate (see Attachments C and D); 3. Notifying emergency management personnel of the crisis; 4. Warning and evacuating or sheltering the population if possible (see Attachments E and K); 5. Keeping the population informed (see Attachment P); 6. Rescuing individuals and providing medical treatment, 7. Maintaining the rule of law; 8. Assessing damage; 9. Addressing mitigation issues that arise from the response activities; 10. Requesting help from resources outside the Iowa City area (see Attachment P). c. Recovery i. Initiate return of evacuees when the conditions set forth in Section 3, paragraph i above have been met. ii. Coordinate temporary housing for those who cannot return to their homes. iii. Provide traffic control for return. iv. Initiate recovery activities for evacuees who have suffered loss of or damage to their homes or businesses. v. Carry out appropriate public information activities. d. Mitigation i. Where possible, undertake mitigation for known hazards that have in the past led to evacuation. ii. Discourage development, particularly residential construction, in potential risk areas, including floodplains, areas downstream from suspect dams and dikes, and areas adjacent to facilities that make, use, or store hazardous materials. iii. Seek improvement to preplanned evacuation routes if needed. iv. Enhance warning systems (see Attachment P) to increase warning times and reduce the need for hasty evacuations. 6. Responsibilities a. All organizations i. Secure and protect facilities in evacuation areas, if time permits. ii. Relocate essential equipment, supplies, and records to non-risk areas, if time permits. b. American Red Cross 12 i. For short-term evacuations, coordinate with Johnson County EMA and the operators of government-owned buildings schools, churches, and other facilities for use of their facilities as temporary evacuee holding areas. ii. For long-term evacuations, coordinate with Johnson County EMA, the Salvation Army and other service organizations to open evacuation shelters and activate mass care operations. c. Animal Control i. Coordinate arrangements to provide temporary facilities for pets arriving at evacuation shelters with evacuees. ii. Provide shelter managers with information on procedures for handling evacuees with pets. d. City Manager i. Approve release of warnings, instructions, and other emergency public information relating to evacuation. ii. Coordinate evacuation efforts with other governmental subdivisions that may be affected by the evacuation, where appropriate. iii. Direct the Departments to relocate essential resources (personnel, equipment, and supplies) that are at risk to safer areas. iv. Request that the EOC open local shelters and mass care facilities, if needed. v. Synchronize the execution of this Plan among the various departments, entities or individuals who have responsibilities set forth herein. e. Emergency Medical Services i. Monitor evacuation of hospitals and nursing homes within their jurisdictions and coordinate evacuation assistance, if requested. f. Fire Departments i. Provide emergency services in the vacated area if possible. ii. Assist in warning the public. iii. Assist in evacuating the aged, the handicapped, and other special needs groups. g. Incident Command System (ICS~Emergency Operations Center (EOC) Interface i. The Incident Commander will determine the need for, organize, and conduct voluntary evacuations in within the corporate limits of Iowa City. If a mandatory evacuation is appropriate, the Iowa City Mayor shall first declare a state of civil emergency then order mandatory evacuations as 13 appropriate. If large-scale evacuation is required extending beyond the corporate limits, the Johnson County EOC will conduct such an evacuation in coordination with all levels of government. ii. The Incident Commander will manage evacuation operations at the scene, while the EOC will coordinate operations beyond the incident site and provide support for the evacuation by taking such actions as coordinating traffic control along evacuation routes, arranging for the activation of shelters and mass care facilities, and advising other jurisdictions of the situation as needed or appropriate. h. Incident Commander i. Identify risk areas in the vicinity of the incident site and determine protective actions appropriate and necessary for people in those risk areas. ii. Determine if evacuation of risk areas and special facilities is required. iii. Advise the Mayor of the need to proclaim a civil emergency, order evacuation and impose a curfew, if appropriate. iv. Plan, organize, and conduct the evacuation with the resources assigned. v. Request support from the Iowa City Incident Command Post or the Johnson County EOC to assist in coordinating evacuation activities beyond the incident site, such as activation of shelter and mass care facilities, if required. i. Iowa City Incident Command Post i. The Iowa City Incident Command Post will be activated at the request of the Incident Commander ii. This Post will establish command and general staff positions necessary to manage the incident. iii. Coordinate transportation for evacuees without vehicles or who need assistance in evacuating. Establish pickup points if necessary. iv. Coordinate transportation assistance for the evacuation of special facilities. v. Coordinate all transportation relating to relocation of essential resources. vi. Provide information to the PIO on pickup points or special pickup routes for those who require transportation, so that this information may be provided to the public. vii. Coordinate evacuation efforts with the Johnson County Emergency Operations Center, if the Center is activated. j. Mayor of Iowa City i. Pursuant to Iowa City Code 8-1-2, the mayor may proclaim a state of civil emergency after being advised by the Incident Commander or the EOC that a civil emergency exists. 14 ii. After a state of emergency has been proclaimed, the mayor may impose a curfew if necessary, mandate evacuations as deemed appropriate by the Incident Commander or Iowa City Incident Command Post, and order that any other extraordinary measures be taken for the preservation of life or other disaster mitigation, response or recovery. k. Police Departments i. Recommend evacuation routes to the Incident Commander or EOC staff. ii. Assist in evacuation by providing traffic control. iii. Protect property in evacuated areas and limited access to those areas. iv. Secure and protect or relocate prisoners. v. Coordinate law enforcement activities with other emergency services. vi. Assist in warning the public. vii. Provide information to the Public Information Officer for news releases to the public on the evacuation routes. 1. Public Information Officer (PIO) i. Disseminate emergency information advising the public of evacuation actions to be taken. ii. Coordinate with area news media and the Joint Information Center for news releases (see Attachments M and P) m. Public Works i. Provide traffic control devices upon request. ii. Assist in keeping evacuation routes open. iii. Provide barricades and barriers to restrict entry to evacuated areas and other areas where entry must be controlled. n. Special Facilities (schools, day cares, hospitals, nursing homes, correctional facilities) i. Activate their approved, facility-specific emergency evacuation plan. ii. Close and supervise evacuation of their facilities. iii. Coordinate appropriate transportation for evacuees and en route medical or security support. iv. Arrange for use of suitable host facilities. v. Request emergency assistance from local government if assistance cannot be obtained from other sources. vi. Ensure assigned personnel are trained and knowledge of evacuation procedures. vii. Disseminate public information to advise relatives and the general public of the status of their facilities and the patients, students, or inmates served by those facilities. 15 7. Administration and Logistics a. Documentation i. All disaster related expenditures will be documented using generally accepted accounting procedures as adopted by the City of Iowa City. This documentation may be used in the event that the Governor requests a Presidential Federal Disaster Declaration, which, if granted, would qualify individuals and businesses for reimbursement of eligible expenditures, and to insure compliance with acceptable regulations. b. Resources i. Following initial lifesaving activities, the Mayor and City council of Iowa City and Department Heads will insure that all necessary supplies and resources are procured for the various operating departments. ii. The storage, maintenance and replenishment/replacement of equipment is the responsibility of the organization or department in the private or public sector. c. Training i. All departments, agencies, and private organizations are responsible for training response staff and volunteers to perform emergency functions. 8. Plan Development and Maintenance a. Responsibility i. This Plan is the chief source of documentation of the City of Iowa City's Evacuation procedures. Nearly every department of the City has a responsibility for developing and maintaining a portion of this Plan. ii. The City Manager is responsible for the overall synchronization of this Plan. b. Procedure Every department or organization with responsibilities within this Plan should develop and maintain written procedures for completing their assigned tasks. This includes, but is not limited to, internal call-out rosters for the summons of off-duty personnel and a designated communication system. c. Review 16 i. The Plan and Attachments may be revised as needed. ii. All portions of the Plan will be reviewed annually and fitting changes will be made. iii. Any portion of the Plan that has actually been implemented in an emergency operation should be reviewed for any necessary revisions. iv. The City Council must approve substantive changes to this policy. d. Distribution i. This Plan and any subsequent amendments will be distributed by the City Manager to all affected county, city and community agencies. 9. Reference a. Chapter 29C Iowa Code Emergency Management, as amended; b. Iowa Administrative Code 605 Emergency Management; c. Iowa City Ordinance 8-1-2 Proclamations; Curfew; Evacuation; d. Iowa City Ordinance 8-1-1 Definitions; e. Iowa City Ordinance 1-5-4 Duties of Mayor; £ Iowa Emergency Operations Plan; g. Johnson County Emergency Operations Plan. 10. Attachments/Maps A. City Map B. City Flood Plain Map C. Sample Mayor's Proclamation of Civil Emergency and Order to Evacuate D. Sample Mayor's Order to Evacuate E. Red Cross Shelters F. Hospital Contact Information G. School Contact Information H. Nursing Home/Assisted Living/Retirement Centers Contact Information I. Evacuation Route Map J. Evacuation Zones K. Inventory of Evacuation Transit Assets L. Downtown Evacuation Plan M. Sample Evacuation Press Release N. Definitions O. ICS/NIMS Organization Structure P. Advanced Warning Systems and Media Contacts 17 ATTACHMENT A Map of Iowa City/Coralville TO EDAR PISS ~ +;`'%'~,r i \' asom sr. PEr,r, s ~~`_~~_• ~ .~ I O~ A / /~ C I~ d ~ ~ t ' r Y i.r 2~rHST- a NORTH r;tttlrille ~ C ~; ,~~.~ L.,: Zr~ke c3" CORALVILLE i.7 218 /uBERTY `=` € ~',::y ~ ~ t ~ ~~ a SCALE OF MILES ~ ~rD1H ST ;. ~ } r ~ ~ < ,3 ~ $ i F ~ ~ ~ ~ L F ~ S~ U {/41r1 S 2 '-~-~~ ~ < J ~ ~ ~ -~ Q . ' ~ ~ y z ~ , < ~ 1 ~_f x ~ ~ 27 W R QJ~' fir., z ~P~ - ~ o j„r."`"^' MC;LE6ER RY . p~ , lr ~~y~1 . ,.f T4 r ~1 `~, M1~t ~ J ~ ~ ~f~, \ EiwFaidk+ CaaRV R u " ,uti r~ ~ +~, ~ FOX ~ LN r l s '~ ~t f ~ ... ~ ~ ~ m ~ ~,... ~.f •A 6 C0RALVi11E aAK d Q ~ etivo: ~ 1 ...... ~q ~ ~ ~~ I RAPID %-_' w ~ ~ • .~ A :~ 3(4 ~ Sf L= LMDE Rp Q ~ 1d4TF1 ST. < ~ . ~ TH ST. ~ • 714TH ST. ~y ~ ( 218 ~ Qc a w'a ~y :. 6 ` ' 1 z m yt" °°"w` ~ 1, , lY ~ ' r t /~ ~ ~r s ~ ~ ]64TH ST. Y' Sf K .. s i ~ ; a'~J'~t~ ga ~~ UI~ ~°~ `Q ~ ASE. ~~lEa HVfY O I ~ ~ " IOWA CITY y, rv~ ~- t R~Cl1=-"_R n IbWER WEST KG > " . >o eRANa RD EunL RD. t ? ' 27 ~ vrrovu; j . E F ~ 4 ~ ~ ~ ~rCfhrv G0URT 51. ~ Cr RL ST ' - FA5 MN RD ?~ I'JN RD. 8 MELRQSE ~e A >T ~ F . r £ ERID. tiF AYE. .. 1 rq ~ For Uniiersity of Iowa < z MON. .yF (Cambus) bus ~~ RD. `~ ~y ~ tom. raiF. F45 information, call ., act HEI ~ fl~r 37 4-335-8533 ~ Y G For Coralville bus ~ ~ ~tt emu g ~ r'kc ''~ ` information, ~ ~ < A1"°'~ ~ a ~ i aaoTrlsr call 319.248.1790 ~HRETRO ~ 1 27 ~ . For Iowa City bus W ~ ~ F54 ~ ~ ~ 6 y informaFion, ~ < ~ a ~ x call 319.356.5151 s ~ T °4 Z a e 5 1 ~ OSAOE t= ~ `~.,, OSAGE S . ~a ~ d ~ ~' sr. T T~ K41 ` "'~ S a n 218 `~ ~ ° .~' ~t a < TOLMi. PL ~ -SAN i __ a O ATTACHMENT B ~::_ "`?+. / W Z N 1 J __ 5 ~~ ~ ~~ ~~~~Y ~- ~ A .., .. <:. . --- `-;-~,~C, '~ N ~~J U o o ~ o ~~ - o 0 o ~.::~. ~.~ ~:: •sai~iiia~3 pug s~utpimcl ~~i~ ~o zredaz auk zoo zo ~zo~~a asuodsaz ~aua~zauza s,~f~i~ auk zoo ~.z~ssaaau suiaap au s~ saainzas zo spoof cans `aznpaaozd ~uauxaznaozd ani~i~aduioa ~no~I~inn `as~ai zo as~~Iaznd ~iq aznaozd ~~ux za~~u~y~ ~i~ a~IZ ~~ :~zanoaaz zo asuodsaz `uoi~~~i~iuz za}s~sip zau~o zo affil ~o uot~~nzasazd auk zoo ua~~ aq sazns~auz ~uipzo~z~xa ~uinnoiio~ auk 2IgQ2I0 za~~3 I •uzoz~aza~I~ ~i~zadozd I~uoszad zo~pu~ suoszad anouzaz o~ ~utsn~a zo ~utnouzaz ~q [Sdg~] pigs a~~na~na o~ pazuou~n~ si ~uauz~daQ aatlod ~i~ ~nnol a~I~ ~~u~ ZIgQ~Ip azo~aza~I~ I [Q~i~n~~na ~g of s~~I~ isI'I] :pa~~na~na aq ~uinnoiio~ auk ~~tl~ ~fzanoaaz zo asuodsaz `uoi~~~t~iux za~s~sip za~I~o zo a~ii ~o uoi~~nzasazd a~I~ zoo aiq~aiidd~ pug aiq~sinpn ~t uzaap I •saau~~sumazta a~I~ zapun a~~izdozdd~ pug ~.ressaaau uzaap ~i~ux I s~ salnz pug szapzo Mans a~~~Inuzozd pue anssi o~ pug ~i~iunuzuzoa a~I~ uiu~inn ~~a~~s pug `azn~Iann `u~I~a~I ure~ureuz o~ `~uauz~pnf dux ui `~.ressaaau aze s~ suot~~u~Iaozd za~I~ Mans ansst o~ uot~ua~ut Buz pug `suazi~ia sit pug ,~~t~ ~nnol ~o ~i~ a~ o~ saatnzas za~s~sip ~o uoisinozd auk ~aazip pug aaszano o~ uot~ua~ut dui az~Iaap ~igaza~I za~~ I •zan~I ~nnol a~I~~o ~utpootl o~ anp ~nnol `~i~ ~nnol~o ~i~ a~I~ ui~rnn `apo~ ~i~ a~~o I-I-g uot~aas ui paui~ap s~ `s~sixa ~aua~zauza iinia ~ ~~u~ uzi~Iaozd pug az~Iaap ~gaza~I op I `~i~ ~nnoI3° ~?~ a~3o 90£x-80 'ol~I aau~uipz0 pug apo~ ~nnoI au~3o ~i •ZL£ uoi~aaS zapun zo~i~y~ s~ aut ui pa~san szannod auk o~ ~unnsznd ~i~n~~n~ of x~axo Qum ~i~I~I~~2I~L~I~'IIAI~ 30 l~IOI,L~L~I~"I~02Id S~2IOA~'L~I ~~'IdI~i~S) ~ .LI~I~L~IH~~'Z,L~' b. The City Manager may lease real property and/or buildings as he deems necessary to facilitate the City's emergency response effort, or as he may deem necessary for the continued operation of city government. This proclamation of civil emergency and order to evacuate shall remain in effect until withdrawn or modified by me. Issued this day of , 20_ By: Mayor, City of Iowa City Attest: City Clerk ATTACHMENT D (SAMPLE) MAYOR'S ORDER TO EVACUATE Pursuant to the powers vested in me as Mayor under Section 372.14 of the Iowa Code, Ordinance No. 08-4306 of the City of Iowa City, Iowa City Code 8-1-2, and the Mayor's Proclamation of Civil Emergency and Order to Evacuate signed I deem it advisable and applicable for the preservation of life or other disaster mitigation, response or recovery that certain areas listed below in Iowa City, Iowa be evacuated. I therefore ORDER that beginning at Department is authorized to evacuate personal property therefrom. .m. on , 20 ,the Iowa City Police by removing or causing to remove persons and/or This evacuation order shall remain in effect until withdrawn or modified by me. Issued this day of , 20 By: Attest: [Name] Mayor, City of Iowa City [Name] City Clerk ATTACHMENT E Red Cross Shelters Church of Jesus Christ of LDS - 2730 Bradford Dr -Iowa City, Iowa - 319-338-5306 St. Thomas More Church - 405 N Riverside Dr. Iowa City, Iowa - 319-337-2173 First Christian Church - 900 Lincolnshire Place, Coralville, Iowa 319-337-4181 City High School -1900 Morningside Dr; Iowa City, Iowa - 319-688-1040 Northwest Jr. High - 1507 8th St; Coralville, Iowa - 319-688-1060 South East Jr. High School - 2501 Bradford Dr; Iowa City, Iowa - 319-688-1070 West High School - 2901 Melrose Place; Iowa City, Iowa - 319-688-1050 United Presbyterian Church -110 West. Elm St; Lone Tree, Iowa - 319-629-4900 Oxford United Methodist Church - 202 E. Main St; Oxford, Iowa - 319-828-1005 Shueyville United Methodist Church -1195 Steeple Ln; Swisher, IA 52338 Clear Creek Amana High School - W. Marengo Rd; Tiffin, Iowa 52340 Grace United Methodist Church - 300 Marengo Rd -Tiffin, Iowa 52340 ATTACHMENT F Hospital Contact Information Facili Name Phone Number Contact Name Mercy Hospital 319-339-3694 24 Hours Mike Wilwol 500 East Market VA Hospital 319-338-0581 x 6600 Chief Paul George 601 H 6 West 24 Hours University of Iowa 319-356-2658 Chief Chuck Kupka Hos ital and Clinic 24 Hours UIHC Transportation 319-356-2283 319-356-1616 Russell "Scott" Frank ATTACHMENT G School Contact Information Facili Name Phone Number Contact Name ICCSD 319-688-1000 Kari Cornwell ICCSD Safety Director 319-688-1000 Scott Miller South East Junior High 319-688-1070 Deb Wretman Tate Hi h School 319-688-1080 Stephanie Philli s West High School 319-688-1050 Jerry Ar anbright City High School 319-688-1040 Mark Hansen Hoover Elementary 319-688-1110 Marilyn Wirtz Horn Elementary 319-688-1115 Kristin Cannon Lemme Elementary 319-688-1125 John Bacon Lincoln Elementary 319-688-1130 Chris Kolarik Lon fellow Elementary 319-688-1135 Mar Ellen Maske Lucas Elementary 319-688-1140 Brian Lehmann Mann Elementary 319-688-1145 Jodi Rickels Roosevelt Elementary 319-688-1155 Mindy Paulsen Shimek Elementary 319-688-1160 Charlie Towers Twain Elementary 319-688-1165 Sharon Locke Weber Elementary 319-688-1170 Chris Gibson Wood Elementary 319-688-1180 Kate Callahan Re ina High School 319-338-5436 Ray Pechous Willow Winn Elementary 319-338-6061 Susan Smith unlverslty or Iowa tmergency ~ontac>< Inrorma><lon There will be occasions after regular business hours when Public Safety will need to consult with a Residence Hall Professional staff member regarding a student or building emergency. In all cases of this nature, Public Safety should consult by following the chain of command outlined below. Prior to contact with the following people, it is assumed, in the case of a true emergency, that Public Safety (911/335-5022) and/or an ambulance (911 / 335-5022) has been contacted. After 5:00 PM contact in the following order: 1. Contact the building's 24-Hour Desk phone -they can reach the "On-Call" pro-staff member. If unsuccessful, then 2. Contact the Pro-Staff "On-Call" Cell Phone EAST NEIGHBORHOOD NAME DESK OFFICE HOME RA Duty Phone East Neighborhood Pro-Staff "On Call" Cell Phone Number: 319-631-3251 Burge Amy Oswald 335-3091 335-1004 353-1353 631-3256 Daum Currently Open 335-3091 335-1004 353-2522 631-3256 Currier/ Jacque McKenna 335-2982 335-2976 353-0193 631-3298 Stanle Currier/ Nichole Staskal-Brecht 335-2982 335-2976 353-0192 631-3298 Stanle 353-1370 till 10/07 Kieran Leopold 335-3091 335-1004 then 353-4817 Area Coordinator 936-5988 NORTH NEIGHBORHOOD NAME DESK OFFICE HOME RA Duty Phone North Neighborhood Pro-staff "On Call" Cell Phone Number: 319-631-3253 Mayflower MaryCougnlin- Julian 335-2966 335-2967 353-0820 631-3301 Mayflower Mayflower Lona Davenport 335-2966 335-2967 353-2438 631-3301 Mayflower Parklawn Libby Spotts 353-2854 353-2858 353-2446 631-3293 Parklawn Wolfgang Homolka Area Coordinator 335-2966 335-2967 353-0813 331-1808 UNIVERSITY NAME OFFICE HOME ~ CA Duty Phone II University Apartments Pro-staff "On Call" Cell Phone Number: 319-631-3253 Univ. Apts. Chrissi Johnson 335-9199 353-5264 325-4747 WEST NEIGHBORHOOD NAME DESK OFFICE HOME RA Duty Phone West Neighborhood Pro-staff On Call Phone Number: 319-631-3254 Hillcrest Ben Parks 335-9170 335-9168 353-3501 631-3300 Slater A.J. Lutz 335-9355 335-9576 353-3961 631-3308 Quadrangle Ben Black 335-9230 335-9230 353-3502 631-3303 Rienow Shelby Van Egdom 335-9732 335-9364 353-3692 621-5367 Andy Borst Area Coordinator 335-9170 335-9168 353-3064 621-6751 University Housing /Residence Life Professional Senior Staff mempers: 1. Kate Fitzgerald (Asst. oireator, Res. Life) 545-4296 or 321-8187 cell Von Stange (pirector of university Housing) 665-9756 (h) 541-3537 (c) 2. Greg Thompson (Manager, Operations Manager) 512-6113 or 608-314-4875 Cell Jeff Aaberg (Asst oir, Facilities/Operations) 353-4632 (h) 847-815-4587 (c) 3. Sean HeSler (Manager, Res. Life Programs) 339-4343 4. Heather Stalling (Manager, Academic Initiative) 351-2804 5. Helen Baker (Manager, university Apts.) 629-5409 t z-i o-o~ ATTACHMENT H Nursing Homes/Assisted Living/Retirement Centers Contact Information Facili Name Phone Number Contact Name Greenwood Manor Ofc 319-338-7912 Judy Nichols 605 Greenwood Drive Aftr 319-530-9157 Chatam Oaks Inc Ofc 319-887-2701 Vivian Davis 4515 Melrose Ave Aftr 319-339-1573 Iowa City Rehab & Ofc 319-351-7460 Larry Allen Healthcare Aftr 319-351-7460 Jay Allen 3661 Rochester Ave Ecumenical Towers Ofc 319-338-7450 Tammy Frank 320 East Washin ton Aftr 319-299-3005 Charles Lair 319-530-1040 Melrose Meadows Ofc 319-341-7893 Donna Henn 319-354-5619 350 Dublin Drive Jody Thomas 319-325-5265 Bickfus Cottage Ofc 319-351-3200 Dave Seward 3500 Lower Branch Road Aftr 309-231-2964 Legacy Senior Living Ofc 319-341-0911 Jim Hunter Community Aftr 319-651-9516 1020 South Scott Blvd 319-373-2659 Oaknoll Retirement Ofc 319-351-1720 Pat Heiden Residence Aftr 319-337-6985 1 Oaknoll Court 319-530-2023 Walden Place Ofc 319-337-7277 David Leonard 2423 Walden Road Aftr 319-553-0005 (home) 503-510-2489 (cell) ATTACHMENT I Evacuation Route Map ATTACHMENT J Evacuation Zones ~ ~ ~ ~ m ~ , ~ ~e a ~ ~ ~ ~w ~~ ~_ I ~yy~ ji l • '~ u.._ pf V `1 { I ~` ~ '~k e-~ t r a ~. ,~ ~ _ ~~ _ ,~ r ~,~ l ~' y ~`' i 'l r y ~~ i~~~'~~ ~ ~ 1 ~ ~ I 1~ ~ .~, { O V1 +. it ~ ; ~+I~ .ma ~. ~ ~ ~~ a w .Y ~~f* ~/ t~.~ ~~ '~~ . i N ~. , jj Il.i. !.. ....:_ ~~ ~ i ~ w ~ ~~ '`~ _ ~ ~~f I ~ 1 ); ' t ~ ~~ ~' [t~ ~ ~ ,- r _ •t i z 'V . _ . . _., i~1 ~~r f 'k_ ' ~ ~ ~ ~ t ,. w w "~: ATTACHMENT K Inventory of Evacuation Transit Assets Wheelchair 29 Passenger 71 Passenger 84 Passenger 5 Passenger 7 Passenger Accessible Bus Bus Bus Vehicle Vehicle ICCSD 13 1 109 4 3 4 UIHC 2 12 T e l T e l T e a T e o Other Johnson County 5 Ground Ambulance UIHC 2 Ground 2 Helico ter SE Iowa Ambulance 12 Ground 6 paratransit vans; 1 squad car for Service committal atients & shuttle service SEATS Vehicle and Capacity Inventory 192 228 229 230 4 Ambulato lb Arnbulaio ib Ambulatory 14 Ambulato or 1 Ambulatory 1 Z Ambulatory 12 Amhola?ory or 8 Ambulatory us 1 WheN Charr us 1 WheN Chair s 1 :-Vhee' Cna~r lus 1 WheN Charr or 0 Ambulatory 8 Ambulatory N or 4 Ambulatory us 0 WheN Chair us 2 Wheel Chair - us 2 WheN Chair or 0 Ambulatory 6 Ambulatory 6 7mCuiatary or Ambulatory us 0 WheN Chair us 3 Wheel CI 'us 3 '~4'he~' ~~~air lus WheN Chair or 0 Ambulatory .~- ~s.mbularory 1 Ambulato" or Ambulatory us 0 Wheel Chair s 4 lS'heN Charc us ¢ wnee+ Chair us WheN Chair 231 3~'0 to Amtu+aron %.?1 16 Ambulatory 322 i 4 Ambulatory w 12 Ambulato r 12 Ambulatory l b Ambulato pr 7V Ambulatory us 1 Wheel Chair us 1 WheN Chair or ~ ~ Ambulatory us 1 W'^ee' Chair 42 Am~~u~rory 12 Ambulatory us or b Ambulatory us 2 Wnee~ Char 'us 2 `~x'he~' ` `'sir 12 Ambula;orr~ us 2 Wheel Chair 10 P,rrhu63tory 10 ' P~mGulatory us When' Charr or 4 Ambulatory s 3 ~~~r+F•u' Crta+r us ~ '3. Wheel Cna-r cu 8 Ambulatory s 3 WheN Chair 8 Ambulatory 8 Arrturator~ 3 Wheel Chair or t Ambulatory us 4 WheN Charr 4 l4~heN ~=hau 2 Amtiulatoiy us 4 WheN Charr 4 Ambulato 4 ? rrbu~lato~ti us 4 WheN Chair lus 5 Wheel Chair lus S u,'ned Char 401 Z 1 Ambulato 420 1 ?,rnuuia'on~ 428 16 Ambulato 430 Z 1 Ambulato or 17 Ambulatory or 14 Ambulatory r 12 Ambulatory r 14 Ambulatory us us 1 Wheel Chair us 1 WheN Chair us ~N Chair or 13 ArrCulotorv 15 Ambulatory 10 krr;bulator/ i5 A,mbulatory rs ' WheN Char us Z Wheel Char us Z i.VheN Char us W'hea' Char or 11 Ambulatory or 11 Ambulatory r 8 Ambulatory 11 Ambulatory us 3 Wheel Chair us 3 Wheel Chair us 3 WheN Chair us 3 Wheel Chair or 1 Ambulaoy or 7 Ambulatory r 6 Ambulatory ? A~r,bulatory us 4 Whey ~=ha,r us 4 Wheel Chair us 4 Wheel Chair us 4 v4'i reN Chair 440 2l r, ~~u;ot,;rv 450 Z1 Ambulato 532 i'r ~ „aiatorv 610 18 Ambulato or 14 Ambulatory 14 Ambulatory r 15 Ambulatory r 16 Ambulatory us 1 WheN Chair us 1 WheN Chair s 1 WheN Chair us 1 WheN Chair or 15 Ambulatory 15 Arrbuiator/ or 11 Ambulatory 14 ?„rr~bu+atory us ~ WheN Charr us Z WhF~' Cna,r us 2 WheN Chair us 2 ',k'he4 Chair or 11 Ambulatory 11 Ambulatory or 9 Ambulatory r 1~ An;buhtory lus 3 WheN Chair 'us 3 WneN Chair us 3 WheN Chair u, - or 7 Ambulatory ~ Arr,bulatory 5 Ambulatory 6 Amt:uiaiory us 4 WheN Charr us ` 4 Wned Char us 4 WheN Chair us A WheN Chair 620 r4 ^~mbulato 630 ;p r r u1a:o 640 18 Ambulatory 650 18 Ambulato. or 16 ~bulatory 16 Ambulatory or 1~ Ambulatory r 16 Ambulatory us us 1 WheN Chair u , us 1 WheN Chair or i4 krnculatord r 14 Ambulatory 14 Arr~bu~story r 14 Ambulatory us 2 w. gee' Cna~r us 2 WheN Chair us Nr~eer ~=r,air us ~ WheN Chair or 10 Ambulatory 10 Ambulatory or 10 Ambulatory 10 Ambulatory us 3 WheN Chair us 3 WheN Chair us 3 WheN Chair us 3 WheN Chair « b P.mb~'latory a b Ambulatory b Ambuhtory r 6 Ambulatory us 4 ~A'hee'thair s 4 WheN Chair us 4 WneN Char us 4 WheN Chair y W ..n a .~ .. 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N N N N M N M N M M M ~ ~ d' ~ ~ ~ ~ ~ ~ ~ ~ ~ 6~ CF.ATC Vehicles Bus # OWNER GVWR Bus Len th Width including Mirrors Hei ht Wheelchair ca acit Wheel base 192 ECICOG 22' 9' 2" 9' 6" 1 228 ECICOG 23' 3" 9' 2" 10' 6" 4 158 229 ECICOG 23' 3" 9' 2" 10' 6" 4 158 230 ECICOG 10700 22' 9' 2" 9' 6" 2 231 ECICOG 11500 23' 6" 9' 6" 10' 4 158 283 ECICOG 9100 0 VAN 283 ECICOG 9100 0 VAN 320 ECICOG 25' 9" 9' 1" 11' S 176 321 ECICOG 25' 9" 9' 1" 11' S 176 322 ECICOG 25' 6" 9' 6" 10' 4 186 401 Iowa City 24' 6" 9' 2" 10' 4 176 420 Iowa Cit 14050 25' 6" 9' 2" 10' 6" 4 176 428 Coralville 14050 25' 9' 2" 10' 4 192 430 Iowa Ci 14050 25' 6" 9' 2" 10' 6" 4 176 440 Iowa Ci 14050 25' 6" 9' 2" 10' 6" 4 176 450 Iowa Ci 14050 25' 6" 9' 2" 10' 6" 4 176 532 Coralville 14050 25' 9' 2" 10' 4 192 610 Iowa Ci 14050 25' 6" 9' 3" 10' 4 192 620 Iowa Ci 14050 25' 6" 9' 3" 10' 4 192 630 Iowa Ci 14050 25' 6" 9' 3" 10' 4 192 640 Iowa Ci 14050 25' 6" 9' 3" 10' 4 192 650 Iowa Ci 14050 25' 6" 9' 3" 10' 4 192 ~ 77 ~ SEATS Vehicles ilatP of last revision: 11/15/07 Bus # License Plate # YEAR MAKE AND MODEL MODEL # OWNER Fuel T e 192 LD 1338 1997 Ford / Winstar ECICOG Ethanol 228 LD 1516 1998 Ford / Diese1350 ECICOG Diesel 229 LD 1389 1998 Ford /Diesel 350 ECICOG Diesel 230 LDO 452 2006 Ford /Econoline Su reme Co ECICOG Ethanol 231 LD 1163 2006 Ford /Econoline Su reme Co ECICOG Ethanol 283 LDO 444 1996 Ford/Club-Wa on XLT Standard Van ECICOG Ethanol 284 LD 0391 1996 Ford /Club-Wa on XLT Standard Van ECICOG Ethanol 320 LD 1454 1997 Ford Classic ECICOG Ethanol 321 LD 1455 1997 Ford Classic ECICOG Ethanol 322 LDO 255 2006 FORD / EL DORADO AEROTECH ECICOG Ethanol 401 LD 0668 2001 Ford / EL Dorado (E-Su er) Iowa City Ethanol 420 LD 1824 2004 FORD/ SUPREME BSSN25 Iowa Ci Diesel 428 83001 2006 FORD/BL DORADO Coralville Diesel 430 LD 1827 2004 FORD/ SUPREME BSSN25 Iowa Ci Diesel 440 LD 1825 2004 FORD/ SUPREME BSSN25 Iowa Ci Diesel 450 LD 1826 2004 FORD/ SUPREME BSSN25 Iowa Ci Diesel 532 83002 2006 FORD/ EL DORADO Coralville Diesel 6]0 LDO511 2006 FORD / EL DORADO AEROTECH Iowa Ci Diesel 620 LD1134 2006 FORD / EL DORADO AEROTECH Iowa Ci Diesel 630 LD1165 2006 FORD / EL DORADO AEROTECH Iowa Ci Diesel 640 LD0660 2006 FORD / EL DORADO AEROTECH Iowa Ci Diesel 650 LD1133 2006 FORD / EL DORADO AEROTECH Iowa City Diesel Iowa City Transit Fleet 1/08 Unit Year Model Passen er ADA Pass. ADA Access 631 1989 30' Phantom 96" W 31/21 2 LIFT 632 1989 40' Orion V 102" W 45/25 2 LIFT 638 1992 40' Phantom 102"W 45/25 2 LIFT 639 1992 40' Phantom 102"W 45/25 2 LIFT 640 1992 40' Phantom 102"W 45/25 2 LIFT 641 1995 40' Phantom 102"W 45/25 2 LIFT 642 1995 40' Phantom 102"W 45/25 2 LIFT 643 1995 40' Phantom 102"W 45/25 2 LIFT 644 1997 40' Phantom 102"W 45/25 2 LIFT 645 1997 40' Phantom 102"W 45/25 2 LIFT 646 1997 40' Phantom 102"W 45/25 2 LIFT 647 1997 40' Phantom 102"W 45/25 2 LIFT 648 1997 40' Phantom 102"W 45/25 2 LIFT 649 1997 40' Phantom 102"W 45/25 2 LIFT 650 1997 40' Phantom 102"W 45/25 2 LIFT 651 1997 40' Phantom 102"W 45/25 2 LIFT 652 1997 40' Phantom 102"W 45/25 2 LIFT 653 1997 40' Phantom 102"W 45/25 2 LIFT 654 1992 40' Phantom 96"W 43/16 2 LIFT 655 1992 40' Phantom 96"W 43/16 2 LIFT 656 2007 40' Low Floor 102"W 38/40 2 RAMP 657 2007 40' Low Floor 102"W 38/40 2 RAMP 658 2007 40' Low Floor 102"W 38/40 2 RAMP 659 2007 40' Low Floor 102"W 38/40 2 RAMP 660 2007 40' Low Floor 102"W 38/40 2 RAMP 661 2007 40' Low Floor 102"W 38/40 2 RAMP 662 1998 Eldorado (CUTAWAY) 16/6 1 LIFT The 24-hour contact for Transit is Ron Logsden at 319-339-4831 or on his cell phone at 319-530-7937. If no answer, call the Iowa City Police Department at 319-356-5275. ATTACHMENT L Downtown Evacuation Plan Iowa City has developed a plan to evacuate the vast majority of the downtown workforce, residents and visitors in times of emergency. There are two different zones for the Central Business District. The following guidelines and concepts define the scope of the evacuation plan. Precautionary Evacuation: When a Precautionary Evacuation is ordered, those affected should leave by the same mode of transportation which they traveled to the downtown area. Zone A: Downtown area North of Market Street Zone B: Downtown area South of Market Street / Vehicles will use the normal side of the roadway unless directed by safety officials to use both sides of the road. / Inbound traffic will be restricted / Traffic will not be permitted to drive "cross town". You must drive by the designated routes or as directed by safety officials. Emergency Incident Evacuation: Depending on the location and extent of an emergency the pre-designated driving routes may not be usable. The location of the event will become the epi- center and all traffic will be directed outward from that point using as many pre-designated routes as possible. Traffic Controllers will divert traffic to the most effective means available. Citizens should always follow the instructions of the traffic controllers. If the size or location of an incident prevents the evacuation of any portion of the downtown area, then the citizens must walk from the downtown area to a safe location; they should go to the pre-designated pick up points where they will be transported to outlying reception centers. Once at the reception center they will need to make arrangements for personal transportation. Safety Concepts for Citizens to Keep in Mind: - Know your building emergency procedures. They are critical to your safety. - Always remain calm in any emergency. - If an evacuation is ordered, use your pre-designated route for leaving the downtown area. - If you cannot use your pre-designated route, heed all safety personnel instructions and/or follow the general flow of traffic. - Pre-plan with other family members or car poolers how each will get home in the event of an evacuation. - Plan and discuss secondary access numbers and meeting locations with your family members in the event that you are unable to contact each other using normal methods. ATTACHMENT M (Sample) Evacuation Press Release DATE: For more information call: TIME: FOR IMMEDIATE RELEASE Iowa City Mayor has proclaimed that a civil emergency exists in the area due to [describe the emergency conditions]. The Mayor has further ordered that the following areas in Iowa City, Iowa, be evacuated: [describe areas to be evacuated] All affected residents should evacuate immediately and are directed to evacuate according to the following established Evacuation Routes: [describe evacuation routes] Affected residents are further advised to remain calm and patient. This Mandatory Evacuation is anticipated to remain in effect for [generally describe the anticipated duration]. Residents should gather such personal items as may be necessary to remain away from their homes until the mandatory evacuation orders have been lifted. Those affected residents with pets and livestock should make reasonable provisions and arrangements for the care of their pets during this evacuation. Pets can be housed with food and water in a bathroom. Unfortunately, pets are not allowed in reception centers at this time. However, assistive animals such as Seeing Eye dogs are allowed. Before leaving their homes, residents are advised to shut off all appliances and lock all doors and windows. If possible, leave they should a white cloth or towel on their front door knob to let officials know that the house has been evacuated. The City will assist affected residents in finding temporary living accommodations if they are not able to stay with family or friends. Transportation assistance may be arranged by contacting the Iowa City Police Department at .Citizens are encouraged to tune to ,the local Emergency Alert System radio or television station for further information. Officials are continuing to monitor the situation and will keep citizens informed of the situation. - ### - ATTACHMENT N DEFINITIONS: CHECKPOINT: A location that is likely to be traveled and where people are encouraged to stop. If they stop, they will be provided with information regarding conditions they are likely to encounter within the area they are entering. EVACUATION ASSEMBLY AREAS: Sites designated by the Incident Management Team or Local Authorities for citizens to gather while awaiting transportation from the threatened area. EVACUATION CENTERS: Relocation point where evacuees can be registered, needs for shelters determined and information on shelters posted. EVACUATION ORDER-MANDATORY: An Order given by the Mayor, after proclamation of a civil emergency, mandating that all or any part of the City of Iowa City be evacuated as the Mayor deems advisable and applicable for the preservation of life or other disaster mitigation, response or recovery. Such an order may also be given by the Johnson County EOC. It is unlawful to violate a mandatory evacuation order. Violations shall be punishable as a simple misdemeanor as provided by Section 1-4-1(B) of the Iowa City City Code. EVACUATION RECOMMENDATION-VOLUNTARY: A directive requiring affected residents to evacuate given when conditions are such that immediate evacuation of an area is necessary to protect life and property. Such directives are issued by the incident management organization, usually by the Incident Commander. Citizens should be advised that if they remain within the evacuated area, they do so at their own risk. EVACUATION SHELTERS: Facilities managed and staffed by the voluntary agencies for housing and feeding evacuees. EVACUATION WARNING: A warning given when conditions are such that an evacuation may be imminent. Such warnings are issued by the incident management organization, usually the Incident Commander and is intended to give local citizen's time to move animals, property that is especially valuable or sick and/or elderly relatives from the area that may be impacted by the incident. PILOT CAR: A vehicle used to guide other vehicles through a hazardous stretch of road. ROADBLOCK: A location where pedestrians and vehicles are blocked from passing or are prevented from traveling into without providing a specific waiver or justification to enter the area. At a minimum, they will be required to provide: 1. One piece of identification (driver's license, I.D. card, social security card, etc.) and the location to which they are traveling. 2. A reasonable explanation of their need to enter the area. 3. Affirm they understand their presence may hinder emergency workers/operations within the area they are entering. 4. Affirm they understand they may incur some personal liability by hindering emergency operations within the area. 5. Affirm they understand there may be personal risks of injury/death by entering the area. 6. Affirm they understand there may be limited or no opportunities/resources to affect their rescue should they encounter life-threatening circumstances. ROAD CLOSURE: A roadway, highway, street, trail or other location that is closed to thru traffic by a barricade or other impediment preventing travel into a particular area. Road closures are usually temporary and are employed only when travel into an area clearly jeopardizes the life or safety of the traveler, emergency workers, or others within the area. TRAFFIC DIRECTIONAL CONTROL: A method of managing traffic in and near an incident that allows the incident management to temporarily restrict traffic flow to a single direction. Flags, pilot cars or any other method available can accomplish this. Attachment O ICS/NIMS Organization Structure Uicident Commander Information ~ ~ ~ Liaison Safety Officer Operation Planning Logistics Finance/ Section Section Section Admin Section` Law Enforcement Documentation Resources Procurement Hea1tN/MedicaC Demobilization Transportation Cost Documentation Fire Action Planning Sheltering Legal Routes Management Situation Staff Communications Attachment P Advanced Warning System Outdoor Sirens: 319-356-6020 (refer to Johnson County Multi-Hazard Plan Annex B Communications and Warning) National Weather Service: 563-391-7094 x726 Connect ED: 319-335-5022 Code Red Media Contacts Television City Station Phone Fax Email Cedar Rapids KCRG 319-365-9999 319-368-8505 newsroom kcr .com Cedar Rapids KGAN 319-395-9076 319-395-0113 newsreleases k Tan.com Daven ort KWQC 563-383-7048 563-383-7131 news a kw c.com Des Moines KCCI 515-247-8888 563-244-0202 news kcci.com Des Moines KDSM 515-256-1700 515-256-2652 news a kdsml7.com Des Moines WHO 515-242-3585 515-242-3796 news whotv.com Des Moines WOI 515-457-1026 515-457-1025 news(a~m abc5.com Waterloo KWWL 319-291-1240 319-291-1233 kwwlnews kwwl.com Radio Cedar Rapids KCCK 319-398-5446 319-398-5492 studio kcck.or 7 Coralville KCJJ AM 319-354-1242 319-354-1921 kc"am aol.com Iowa Cit KHAK 319-365-3698 319-363-8062 Iowa City KRUI 319-335-9525 Iowa City KXIC 319-354-0800 319-354-9504 news a kxic.com Cedar Rapids KZIA 319-338-6900 319-363-2948 scott kzia.com Print Iowa City Press Citizen Iowa City Daily Iowan Cedar Rapids Gazette Des Moines The Re ister M~ 7 Prepared by: Wendy Ford, Eco Dev Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 08-243 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE THIRD AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DEVELOPER MGD, L.C. FOR THE REDEVELOPMENT OF SYCAMORE MALL. WHEREAS, in September 2000, the City of Iowa City, Iowa ("City") and MGD., L.C. ("Developer") entered into an Agreement for the Private Redevelopment of Sycamore Mall that provided for the use of tax increment financing to support tax rebate grants to the Developer on certain improvements as economic incentives for redevelopment of the mall; and WHEREAS, the original and amended Agreement requires the City's consent on transfers of ownership or assignment of Developer's obligations under the Agreement; and WHEREAS, MGD L.C. and its individual members' L.C.'s currently own Sycamore Mall as tenants in common; and WHEREAS, the current owners desire to sell and transfer their ownership interest to a new buyer, Core Investors, to enable the current owners to reinvest in other local development projects; and WHEREAS, under the proposed amendment, Hodge Commercial Management, Inc. will be retained to continue to operate the property and submit annual certification materials, and, to ensure continued performance, MGD L.C. will remain the recipient of the two remaining economic development grants if the performance terms of the agreement are met; and WHEREAS, staff and the Economic Development Committee recommends consenting to this restructuring of ownership provided Hodge Commercial Management, Inc. remains the operating entity primarily responsible for meeting the Developer's obligations under the agreement, all tax rebate payment are made payable to MGD., L.C., and all subsequent ownership transfers are subject to City consent; and WHEREAS, it is necessary to formally amend the original Agreement to reflect the City's consent to the restructuring of mall ownership and to memorialize the conditions upon which consent is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the Third Amendment to the Agreement for Private Redevelopment by and between the City of Iowa City, Iowa, and MGD, L.C. which is attached hereto and made a part hereof. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Third Amendment to the Agreement for Private Redevelopment at the expense of MGD, L.C. Resolution No. 08-243 Page 2 Passed and approved this 11th day of August , 20~~. ATTEST: 9'~ CITY C RK S: att/legal/sarahlecodev/sycamon: and amend resolution.doc Resolution No. 08-243 Page 3 It was moved by Wright and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek _~ ~ O'Donnell x Wilburn x Wright wpdata/glossary/resolution-ic.doc INCOMPLETE DOCUMENT SEE RECORDER FILE Agreement did not go to Council. MINUTES draft CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE August 5, 2008 CITY HALL, LOBBY CONFERENCE ROOM,8:00 A.M. Members Present: Regenia Bailey, Matt Hayek Staff Present: Wendy Ford Others Present: Nancy Quellhorst, Chamber of Commerce, Kevin Digmann, Hodge Commercial Management, Kirsten Frey, attorney for Hodge Commercial Management, Gigi Wood, Corridor Business Journal, Gregg Hennigan, Cedar Rapids Gazette RECOMMENDATIONS Hayek moved to recommend the 3`d Amendment to the Sycamore Mall Development Agreement. Seconded by Bailey. Carried 2-0 (Champion absent). CALL MEETING TO ORDER: Chairperson Regenia Bailey called the meeting to order at 8:06 A.M. CONSIDER APPROVAL OF THE MINUTES OF THE MAY 30 AND JUNE 10, 2008 ECONOMIC DEVELOPMENT MEETINGS.: Hayek moved to approve the minutes of the May 30 and June 10, 2008 meetings as presented. Bailey seconded. Motion carried 2-0 (Champion absent). CONSIDER AMENDMENT TO SYCAMORE MALL DEVELOPMENT AGREEMENT.: Ford reviewed the memo included in the packet with the proposed 3~ amendment to the Development Agreement for Sycamore Mall. She explained the original agreement requires the owners to get prior consent from the City for transfer of ownership in the project. The memo detailed the sequence of ownership from the original development entity, which was first amended in March 2004, to a group of individual L.C.'s; amended for a second time in May 2004 when the group of individuals bought out one of the partners, to the present. Kevin Digmann explained that the prospective new owners, Core Investors, would retain Hodge Commercial Management to continue to manage and operate the Mall. Hodge will also continue to be responsible for the final two TIF certifications and that the project is meeting the criteria set forth in the original development agreement. Digmann noted that Hodge Management will remain the recipient of the TIF rebates in June 2009 and 2010. He noted that Hodge's desire was never to be long-term mall owners, but rather, investors in the community. This sale would further enable the company to continue investment in new projects the community. There was discussion about Hodge remaining the recipient of the TIF rebates instead of the new owners, to which Hodge replied, that had been negotiated in with the sale price of the mall. The final two rebates in June of 2009 and June of 2010 will be for taxes paid on assessment in the years of January 2007 and January 2008. Ford noted that with five of seven years complete in the agreement, the project has largely achieved the City's goals. Property values of the mall have increased more than $10 million since 2000, the mall has achieved targeted occupancy and has just re-signed a 5-year lease with the anchor, Von Maur. She noted that the Development Agreement was fora 7 year TIF rebate requiring a minimum of 15% increase in property value, maintaining a 40,000 square foot anchor store, at least 80% occupancy rate and full payment of all property taxes due. Economic Development Committee Meeting June 10, 2008 Hayek noted his approval, saying that he likes the idea of local dollars staying local and new investment being made in the community. Hayek moved to recommend the 3~d Amendment to the Sycamore Mall Development Agreement. Seconded by Bailey. ,Carried 2-0 (Champion absent). CONSIDER REQUEST FOR AMENDMENT TO GLUTEN EVOLUTION CDBG LOAN.: Ford reviewed the request from Breads by Anna/Gluten Evolution to amend her CDBG loan which was executed in September, 2007. The company requests that the original loan amount of $50,000 for working capital at 3% be reduced to a 0% interest. Staff asked for another set of financial statements to review in order to make a recommendation. Based on those financials, the business seems to be healthy, increasing 22% over the last year. Liabilities exceed assets and the owner is looking for ways to reduce expenses in order to support an expansion. The average monthly interest on the CDBG loan over the length of the loan at 3% is $65 per month. In staff's opinion, the monthly savings gained in reducing the rate to 0%, would still not support a large expansion loan. Further, the rate is already favorable. There was further discussion that the owner may be seeking to expand outside the Iowa City city limits because she has not found a viable Iowa City location that is affordable. In staff's opinion, lowering the interest rate might be worth considering if we could ensure the business remain in Iowa City, but the owner was not willing to make the commitment, so staff recommends against considering this request. Hayek agreed saying that Gluten Evolution signed an agreement less than a year ago and is not in favor of making any changes to that agreement. STAFF TIME: Ford briefly described the status of the Flood Recovery Loan Program. Of the $75,000 Loan funds, $66,900 had been disbursed to 15 companies. The review committee will meet again tomorrow which will likely be the last meeting, as the funds will likely be used up with the applications reviewed at that meeting. Jeff Davidson asked Nancy Quellhorst how collection and distribution of the Chamber's flood recovery donations was to be conducted. Quellhorst said the funds would be divided between Iowa City and Coralville businesses based on need. The need could be determined by total dollars or number of businesses affected and the Chamber has elected to use the number of businesses actually flooded. In Iowa City, those number 50, and when asked by Bailey what the comparable number in Coralville is, Quellhorst reported 125 businesses with direct flood damage Hayek commented that the Iowa City funds were distributed efficiently and effectively and appear to have accomplished the goal of helping local businesses get back on their feet efficiently as well. COMMITTEE TIME: none ADJOURNMENT: Hayek moved to adjourn the meeting at 8:45 a.m. seconded by Bailey, meeting adjourned. Economic Development Committee Meeting June 10, 2008 Council Economic Development Committee ATTENDANCE RECORD 2008 TERM Lv w w ~ cam, rn w NAME EXP. cn co rn ~ N o o U' Regenia 01102110 X X x X X X X X Bailey Matt 01102110 X X X X X X X X Hayek Connie 01102110 X X x x X X 0/E OIE Champion Key: X =Present O =Absent O/E = Absent/Excused M1~ Prepared by Jann Ream, Code Enforcement Assistant, 410 E. Washington St., Iowa City, IA 52240 RESOLUTION NO. 08-244 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE APPROVAL OF EXTERIOR CHANGES TO THE CAPITOL STREET ELEVATION OF OLD CAPITOL TOWN CENTER, 201 S. CLINTON STREETFOR A 3RD FLOOR AND ELEVATOR ADDITION WHEREAS, the applicant, Hodge Construction, has filed an application for the design approval of exterior changes to the Capitol Street elevation of Old Capitol Town Center, 201 S. Clinton Street, Iowa City, Iowa, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is subject to the City-University Project I Urban Renewal Plan, as amended, and Title 14, Chapter 3, Article C, entitled "Design Review" of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Housing and Inspection Services Department, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved with the understanding that the City tree directly in front of the proposed project be protected and every effort made to eliminate damage to the tree; and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The design of the Capitol Street exterior changes on the Old Capitol Town Center located at 201 S. Clinton Street be approved per the submitted elevations with the provision that the City tree directly in front of the project be protected and every effort made to eliminate damage to the tree. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution. 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 11th day of ATTEST: CIT ~ LERK ~~~/l e ~(s~ Resolution No. 08-244 Page 2 It was moved by Wright and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: ABSENT: x Bailey x Champion x Correia ~_ Hayek x ~ O'Donnell x Wilburn _~ Wright wpdata/glossarylresolution-ic.doc ~mr~ C A c 3<~D~ s ~ ~, a Z -D f'l - z ~'-I~A m ~ &~~pfn y ~ r~ ~NZ °<, ~ ~ ~ ~m =~ a -+ 0 -+ O~ - _ - 0 - ~ ~ ~~ ~ Z c> ~U ~ z n ~ ~ ` ~ ~'' .,1 0 ~ cn W 0 0 o c ITl D C' r" ~___~ ~m 0 >~ x i N ~ ~ r, ` ~_ikc~ ~f<~ ~ s ? _?: L r ~ f- ~~ _. - - _ 0 c ~~~ z c~ ~, r,. ~ v`i r ~,~i C7 ~ ! _. ~ ~ ~ O y Z i,~ c_ ~ C`, ~i ~ i m ,~ r~,: _ ___ ~~~ Z D~ Z ~ Z7~~ -~f ~ ,I~D x, 'l~l Pi~~7w Y r '' ~;~ ..L ~_~:k ~.A~ J ~- ~~ ~~ ~ .. ~` ~ ~ °, ~ ~~ i j~ ~ 0 ~ ~z ~ Y ~ u G r `~ v ~ ~~ ~ Eab .:._.._, ~ ' , ; ~ 1 ~`« ~_ Y + r -~~~ • :~+~ 1 Z . 1.:' ~~ ^~ Prepared by: Dan Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144 RESOLUTION NO. 08-245 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE NOVEMBER 5T", 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to construct necessary facilities to continue landfilling operations on the western portion of the currently permitted site; and WHEREAS, an Amendment to the November 5t", 2007 Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Amendment to the November 5th, 2007 Agreement with Howard R. Green Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Consultant Agreement Amendment by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the provision of engineering services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement Amendment for and on behalf of the City of Iowa City, Iowa. . Passed and approved this 11th day of ATTEST: ~ ~ • n ~~-~ CIT -ERK ~w ~ ~~ City Attorney's Office 8. y/off I pwenglresllandfill amend.doc Resolution No. 08-245 Page 2 It was moved by Wright and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion _~ Correia g Hayek g O'Donnell g Wilburn x Wright wpdata/glossarylresolution-ic.doc ~' AMENDMENT TO CONSULTANT AGREEMENT THIS AGREEMENT, as entered into on this the ~ day of :~uC~ctST, 2008, is an AMENDMENT to the CONSULTANT AGREEMENT dated November 5, 2007 between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY, and Howard R. Green Company of Cedar Rapids, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the City of Iowa City and Howard R. Green Company entered into a CONSULTANT AGREEMENT (AGREEMENT) on November 5, 2007, whereby the CITY secured the services of CONSULTANT to prepare construction plans, project manual, and detailed construction specifications; to submit construction documents to the Iowa Department of Natural Resources (IDNR, or Department) for review and approval; to provide for assistance in receiving bids and awarding construction contract(s); and to provide for assistance to the CITY in contract and construction administration, all as related to the design and construction of the expansion area west of the active landfill cells operating at the Iowa City Landfill and Recycling Center, and; WHEREAS, this AMENDMENT is designed to supplement the original CONSULTANT AGREEMENT, and; WHEREAS, the Iowa Environmental Protection Commission (EPC, or Commission) adopted amendments to the Iowa Administrative Rules pertaining to Sanitary Disposal Projects effective December 10, 2007, and; WHEREAS, the Rule Amendments adopted by the Commission impose both additional (new) and different requirements relative to the documentation that is to be submitted to the Department for review and approval for the siting and development of proposed landfill expansion projects, and; WHEREAS, the Rule Amendments adopted by the EPC establish a universal compliance date of January 31, 2011, and include both additional (new) and different requirements for the CITY to perform relative to preparation and submittal of a Notice and Public Participation Plan; a Siting and Location Plan; a soil and hydrogeologic investigation and Hydrogeological Investigation Report (HIR); a Site Exploration and Characterization Report; a revised Development and Operations Plan (DOPS); a revised Emergency Response and Remedial Action Plan (ERRAP); verification of landfill operators' State of Iowa certifications; a revised Methane Gas Monitoring Plan to include subsurface monitoring and reporting of results; a revised Hydrologic Monitoring System Plan (HMSP), including a well maintenance and performance reevaluation plan; an Operating, Record-keeping and Reporting Plan; a revised Leachate Control Plan; a revised Closure/Post-closure Plan; a Quality Control and Assurance Plan, including third-party submittal of a final report documenting compliance with construction plans and specifications; verification of Department approval of adequate financial assurance for closure and post-closure care of the facility; and verification of Department approval of comprehensive planning, and; WHEREAS, the Rule Amendments adopted by the EPC impose both additional (new) and different requirements relative to the design and construction of new landfill units and for the construction plans, specifications, and related supporting documentation, including the aforementioned Quality Control and Assurance Plan that is to be submitted to the Department for review and approval for the construction of new landfill units, and where said plan requires the documentation and certification of compliance of construction by an Iowa Registered Professional Engineer who is not an employee of the facility, the construction company or construction contractor (independent third party), and; WHEREAS, the renewed Sanitary Disposal Project Permit issued by IDNR on June 25, 2008 requires the CITY to perform certain functions, including the submittal for the Department's Page 1 of 8 O:\PROJ\191130J\ADMIN\CITY REVISED FINAL FY-09 Expansion Contract Amendment 080508.doc approval of construction plans and specifications with appropriate supporting documentation for the planned construction of cell FY-09; submittal of a revised Closure/Post-closure Plan; and generally comply with the requirements for operation by performing specific functions associated with monitoring, evaluation of results and reporting of the groundwater and subsurface methane gas, and; WHEREAS, the renewed Sanitary Disposal Project Permit issued by IDNR on June 25, 2008 specifies a maximum final elevation of 830 for the completed landfill (existing approved Cells FY- 95 through FY-02) based on previous correspondence with IDNR, including the previously revised Sanitary Disposal Project Permit as issued by IDNR on June 25, 2004, and; WHEREAS, it is the desire of the CITY to proceed with the necessary submittal to IDNR consistent with the approved maximum final elevation of 830 for Cells FY-95 through FY-02, and to include a maximum final elevation of 830 for the planned expansion area beginning with Cell FY-09, and; WHEREAS, the planned expansion of the landfill will impact certain wetland areas which will require mitigation, and in conjunction with that mitigation the U. S. Army Corps of Engineers (Corps) requires the preparation and submittal of an application and supporting documentation for an Individual Permit, and; WHEREAS, the IDNR, in reviewing the facility's Annual Water Quality Reports (AWQRs) for calendar years 2005 and 2006 required the CITY to incorporate Ground Water Quality Assessment (GWQA) results into CONSULTANT'S preparation and submittal of revised HIR and HMSP reports to the Department, and to install replacement monitoring wells and abandon certain existing monitoring wells, and; WHEREAS, federal and state regulations require the revision of the facility's Storm Water Pollution Prevention Plan (SWPPP) to accommodate the site expansion and planned construction of Cell FY-09. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide the additional services as set forth herein. SCOPE OF SERVICES In addition to the Scope of Services in the November 5, 2007 CONSULTANT AGREEMENT the CONSULTANT agrees to perform the following additional services for the CITY, and to do so in a timely and satisfactory manner. (Note that to maintain compliance with milestones established by the Department and other regulatory agencies, many of the additional services described herein have been completed or are in progress as of this writing, as listed in Section IV, Compensation for Services. A. Administrative Rule changes adopted by the Environmental Protection Commission on December 10, 2007 have imposed both new and different requirements on the siting and development of proposed landfill expansion projects, resulting in additional engineering efforts to include the preparation and submittal of the following: 1. Notification and Public Participation Plan. 2. Siting and Location Plan. 3. Soil and hydrogeologic investigation and HIR. 4. Site Exploration and Characterization Report. 5. DOPS. 6. ERRAP. Page 2 of 8 O:\PROJ\191130JWDMIN\CITY REVISED FINAL FY-09 Expansion Contract Amendment 080508.doc 7. Methane Gas Monitoring Plan. 8. HMSP. 9. Leachate Control Plan. 10. Closure /Post-closure Plan. 11. Operating, Record-keeping and Reporting Plan. 12. Landfill operator's Certifications. 13. Proof of Financial Assurance for closure/post-closure care. B. Administrative Rule changes adopted by the Environmental Protection Commission on December 10, 2007 have imposed both new and different requirements relative to the design and construction of new landfill units, and for the construction plans, specifications, and related supporting documentation, including a Quality Control and Assurance Program (Q C & A program), resulting in the additional engineering efforts to include the preparation and submittal of the following: Revised design and construction standards for: • Base and side liners, including alternative liner design. • Abutment liners for contiguous units. • Restrictions on additional vertical expansion on un-lined units. • Groundwater separation systems design. • Leachate collection and storage system design. • A written quality control and assurance program, including third-party certification. • Enhanced storm water management design. C. Additional engineering efforts associated with the wetland mitigation and the Individual Permit process, assuming mitigation will include only the approximate 4.6-acre area located to the southwest of the proposed storm water retention basin, includes the following: 1. Attend a single site meeting with representatives from the CITY, Transition Ecology, LLC and the Corps, to confirm project requirements. 2. Assist Transition Ecology, LLC staff in the preparation and submittal of the Mitigation Plan and the joint Iowa/Corps application forms for an Individual Permit, including appropriate supporting documentation, by providing copies of the initial field investigation and determination and related correspondence for the impacted wetland areas that have previously been completed and submitted to the Corps by CONSULTANT. Also, provide Transition Ecology, LLC with copies of the final Delineation Report as completed by CONSULTANT, and the Phase I Intensive Archaeological Survey report as completed by Wapsi Valley Archaeology (Wapsi Valley report No. 355, dated May 2008). 3. Complete final construction drawings, specifications and Engineer's Opinion of Probable Cost, in conjunction with the final plans and specifications for the FY-09 unit submittal to the Department. 4. Following construction, prepare as-constructed drawings for submittal to Transition Ecology, LLC and the CITY. Page 3 of 8 O:\PROJ\191130J\ADMIN\CITY REVISED FINAL FY-09 Expansion Contract Amendment 080508.doc D. The Iowa City Landfill and Recycling Center is subject to storm water permitting under [567] IAC 60. Specifically, this includes permitting under the National Pollutant Discharge Elimination System (NPDES) program for a General Permit No. 1 associated with industrial activity (land filling) and the preparation and maintenance of a Storm Water Pollution Prevention Plan (SWPPP). The current permit is valid through March 10, 2013. The development of proposed landfill unit FY-09 is considered a significant modification that requires amending the SWPPP. The additional engineering effort associated with amending the SWPPP is: 1. Amend the current SWPPP to accommodate the construction of landfill unit FY-09. (Note this does not include work associated with permitting as General Permit No. 2, and the associated Permit No. 2 SWPPP. That permitting effort will be an obligation of the general contractor under the construction contract.) II. INCLUDED SERVICES, AND ADDITIONAL UNDEFINED SERVICES The services included in the original CONSULTANT AGREEMENT as executed on November 5, 2007, and in this AMENDMENT TO CONSULTANT AGREEMENT include the preparation and submittal of the required documents to the Department for review and approval for the siting and development of the proposed landfill expansion project, and the preparation and submittal of construction plans, specifications, and related supporting documentation as related to the construction of new landfill units (Cell FY-09) to the Department for review and approval. The final design of the cell construction project shall include: • No abutment liner will be constructed between existing landfill cells FY-91 and FY-95. • A prescriptive composite liner will be designed between existing landfill cells FY-98, FY-02 and FY-06, and the planned new landfill cell FY-09. • A maximum final design fill elevation of 830, as applicable, for existing cells FY-95 through FY-06, the new planned cell FY-09, and the future planned cell to be located to the north of cell FY- 09. • The current rules, in part, prohibit landfills from continuing to use previously approved landfill cells (FY-95 through FY-06) which have only a basal liner (not side liner) and a leachate collection system beyond the statutory January 31, 2011 compliance date. The Commission is currently considering amending this rule to allow municipal solid waste landfills to continue to use previously approved landfill cells which have only the basal liner and leachate collection system until those cells have been filled to the design elevation, irrespective of the January 31, 2011 compliance date. Based on the current incoming solid waste stream complete filling of these cells to the currently approved maximum final elevation of 830 may not occur before the current compliance date of January 31, 2011. Continuing to fill to elevation 830 in Cells FY-95 through FY-06 is directly dependent upon the Commission amending rule [567] IAC 113.2(8) as noted. Page 4 of 8 O:\PROJ\191130J\ADMIN\CITY REVISED FINAL FY-09 Expansion Contract Amendment 080508.doc It is the CITY'S current desire to complete the design for the expansion area based on a maximum final fill elevation of 830, to submit the required documentation to the Department for review and approval for the siting and development of the proposed landfill expansion project, and to submit construction plans, specifications and related support documents to the Department for review and approval for planned cell FY-09, all based on the final design fill elevation of 830. If the noted rule is not amended prior to the Department's action on the CITY'S approval request, redesign and re-submittal of the documentation submitted for review and approval for the siting and development of the proposed landfill expansion project, and revision and re-submittal of the construction plans, specifications, and related supporting documentation for Cell FY-09 may be required. The required effort for redesign and for the preparation of the necessary related documents required for re-submittal to the Department is not included in this AMENDMENT TO CONSULTANT AGREEMENT, and CONSULTANT will negotiate with the CITY to determine the additional required scope of services and the associated additional cost. • Extension of the existing leachate collection lines from existing Cells FY-98, FY-02 and FY-06 into Cell FY-09, and abandonment of the leachate collection header that currently services these three existing cells. • The planned design for the expansion and development area, and for the design layout of planned cell FY-09, as these designs impact the existing power transmission line easement, have been presented by the CITY to MidAmerican Energy for review and comment. MidAmerican Energy has concurred with the design as presented. • The design for the terraces required for control of storm runoff from the final landfill surface will be of the applied type. • The interior slopes of the sides of Cell FY-09 will be designed at a ratio of 3 horizontal to 1 vertical (3:1). • The existing leach field will be abandoned to allow for the desired development and construction of Cell FY-09. To accommodate the effluent from the existing septic tank a new discharge line, including a pumping system if required, will be designed for connection to the existing leachate toe drain system at or in the vicinity of Leachate Manhole No. 9. • The construction plans and specifications to be completed and submitted to the Department for Cell FY-09, and the associated construction contract, will provide for the initial excavation of the entire cell, with the base of the approximate north one-half to some 10 (ten) feet above the final design elevation. This project will carry the designation Cell FY-09, Phase I Development. Phase I cell development, including the groundwater drainage system, leachate collection system, composite-liner system and leachate drainage layer will be constructed for only the approximate south one-half of the cell. All of this construction, and including the construction associated with the storm water retention basin and mitigation of the affected wetlands, will be completed over the 2009 and 2010 construction seasons. Page 5 of 8 O:\PROJ\191130JWDMIN\CITY REVISED FINAL FY-09 Expansion Contract Amendment 080508.doc A separate construction contract will be awarded by the CITY at some future date yet to be determined for the remaining excavation for the north one-half of the cell, to include completion of the groundwater drainage system, leachate collection system, composite-liner system and leachate drainage layer, all to be constructed during a subsequent construction season(s) as determined by the CITY. This construction project is designated as Cell FY-09, Phase II. Third party construction certification and reporting for the construction work to be completed in calendar 2009 and 2010 (Phase I) is included in this AMENDMENT TO CONSULTANT AGREEMENT. Those services associated with the construction of the north one-half of Cell FY-09 (Phase II) are not included in this AMENDMENT TO CONSULTANT AGREEMENT, and CONSULTANT will negotiate with the CITY to determine the additional required scope of services and the associated additional cost. CONSULTANT will assist the CITY and Transition Ecology, LLC by completing the services associated with applying for and obtaining the Individual Permit for the wetland mitigation approval as listed in Section I C, items 1 through 4 above of this AMENDMENT TO CONSULTANT AGREEMENT. Upon review by the Department of the submittal documents for the siting and development of the proposed landfill expansion project and the construction plans, specifications, and related supporting documentation as related to the construction of planned landfill cell FY-09, the Department may require clarification of the original submittal, or the submittal of additional information. Except for services in conjunction with redesign and re-submittal because of non-approval of the final design elevation of 830 for Cell FY-09 as noted above, CONSULTANT will provide the necessary clarification or additional submittal information that is consistent with the requirements of the current administrative rules and the current Sanitary Disposal Project Permit. When such clarifications or additional submittals are required due to new rule changes, new interpretation of the current rules by the Department, or new amendments to the current Sanitary Disposal Project Permit the CONSULTANT will so advise the CITY, and will negotiate with the CITY to determine the additional required scope of services and the associated additional cost. Also included as a part of CONSULTANT'S services is the CONSULTANT providing assistance to the CITY for contract administration, including assistance in soliciting and receiving bids from prospective contractors for the construction of the south one- half of Cell FY-09 and the related work to be constructed during the 2009 and 2010 construction seasons (Phase I), and for general construction administration during that same time period. Such services associated with the solicitation and receiving of bids and for contract administration for the Phase II project are not included in this AMENDMENT TO CONSULTANT AGREEMENT, and CONSULTANT will negotiate with the CITY to determine the additional required scope of services and the associated additional cost. The City will provide the required Construction Observation, including on-site supervision and associated verification of compliance of the construction of the sub- grade liner system including soils compaction and leachate conveyance system for Cell FY-09 Phase I (2009 and 2010 construction work), including necessary construction surveying, field and laboratory testing, and record-keeping and other necessary documentation as required under [567] Iowa Administrative Code (LAC) 113.7(6), Quality control and assurance programs. As a part of this AMENDED Page 6 of 8 O:\PROJ\191130JWDMIN\CITY REVISED FINAL FY-09 Expansion Contract Amendment 080508.doc AGREEMENT, and on the basis of available information supplied by the CITY, CONSULTANT will act as the third party Quality Control and Assurance Officer for the Phase I project to prepare and submit to the Department the final report required under 113.7(6) "d" for Cell FY-09, Phase I. Additionally, CONSULTANT will assist the CITY by attending the Department's final inspection as identified in IAC 113.4(6). Construction Observation and related services as noted above, as required to comply with IAC 113.113.7(6), and any additional construction observation, construction testing, surveying and related services will be provided by the CITY. At the request of the CITY, CONSULTANT will provide additional specific construction period services for Phase land/or Phase II, or serve as the third party Quality Control and Assurance Officer for the Phase II project at an additional cost to be determined. III. GENERAL TERMS This AMENDMENT TO CONSULTANT AGREEMENT is subject to the same terms and conditions as listed in Section I11 of the of the original Consultant Agreement as executed on November 5, 2007. IV. COMPENSATION FOR SERVICES The effort for the additional and/or remaining services described herein is as follows. A. HIR Work Plan (completed) $14,523 B. Stug and bail test -data evaluation (completed) $9,135 C. G W monitoring wells -sampling scheduling and re-development (completed) $2,920 D. Corps site meeting (04/30/08) and submittal of additional requested data (completed) $5,670 E. DOPS planning document (completed) $4,404 F. Notice and Public Participation Plan (completed) $1,420 G. IDNR new rules interpretation and new permit - M. Phoenix (completed) $1,547 H. Slug and bail tests -field work (completed) $381 I. Soil borings -lab tests (completed) $3,662 J. Drilling -soil borings, monitoring wells, development/re-development) (ongoing) $36,393 K. HIR/HMSP reports (ongoing) $23,900 L. Gas Monitoring Plan (ongoing) $9,000 M. Operating, Record-keeping and Reporting Plan (ongoing) $5,000 N. SWPPP (ongoing) $4,500 O. Quality Control and Assurance Plan (ongoing) $9,500 P. Construction plans and DOPS drawings (ongoing) $19,800 Q. Project Manual and specifications (ongoing) $12,500 R. Assistance to City and to Transition Ecology, LLC; construction P & S (ongoing) $10,410 S. Third party construction certification and reporting (QC 8 A) $11,500 Page 7 of 8 O:\PROJ\191130JWDMIN\CITY REVISED FINAL FY-09 Expansion Contract Amendment 080508.doc This AMENDMENT TO CONSULTANT AGREEMENT provides for an additional cost of $148,800. V. MISCELLANEOUS a. The insurance requirements are the same as for the original Consultant Agreement as executed on May 1, 2007. b. All provisions of this agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. c. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire amendment to the original Agreement, and that no other monies or considerations have been solicited. Agreed to on this //~h day of ~uC~uS"( , 2008. FORT CITY C By: R a .Bailey, ayor ~ ,, ATTEST: Approved by:r City Attorney's Offic Ka~,r/r, C/i~ty Clerk e ~/~l ~~ Page 8 of 8 FOR THE CONSULTANT By: Title: ~cY - /YPt'~ G~~/~ O:\PROJ\191130J\ADMIN\CITY REVISED FINAL FY-09 Expansion Contract Amendment 080508.doc ~~®~ CITY CJF ICJWR CITI 9 ,~~~~lll~~~- DATE: August 5, 2008 TO: Rick Fosse, Public Works Director FROM: Daniel Scott, Sr. Civil Engineer re: HR Green Company Landfill Contract Amendment Howard R Green Company has an engineering consultant design service agreement with the City for the design of the next cell at the Landfill. The original contract amount was for $323,400 but due to the new IDNR rules an increase of $148,800 has been requested. In 2008, the Iowa DNR completely changed the landfill rules. In 2007, when the original contract was approved, we knew there would be new IDNR rules, but we did not know the extent of the changes. There are many new requirements that we must now comply with to construct a new cell and operate the facility. For the next cell project, the new rules now require a special development plan, a public notice and participation plan, a gas monitoring plan, a quality control and assurance plan along with an operating, record keeping and reporting plan. The original contract scope did not include this extra work. Also, in 2008, the IDNR requested the City to prepare and submit a special work plan for the next cell due to the complexity of the project. After review of this work plan, the IDNR requested the City to install three new monitoring wells as well as extend the depth of two others. The original contract scope did not include this extra work. M ~ i~ Prepared by: Dan Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA (319)356-5144 RESOLUTION NO. 08-246 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE MAY 1sT, 2007 AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. WHEREAS, the City of Iowa City owns and operates the Iowa City Sanitary Landfill; and WHEREAS, professional engineering services are required to operate and monitor the landfill air quality, groundwater monitoring, and gas collection systems and prepare and submit necessary reports in accordance with state and federal regulations; and WHEREAS, an Amendment to the May 1St, 2007 Agreement for professional engineering services has been negotiated with and executed by Howard R. Green Company Consulting Engineers of Cedar Rapids, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Amendment to the May 1St, 2007 Agreement with Howard R. Green Company Consulting Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Consultant Agreement Amendment by and between the City of Iowa City, Iowa, and Howard R. Green Company Consulting Engineers for the provision of engineering services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement Amendment for and on behalf of the City of Iowa City, Iowa. Passed and approved this 11th day of ATTEST: ~ 7~ ~~ CITY ERK City Attorney's Office P (cS- pwengVesUandfill amend05.01.doc Resolution No. 08-246 Page 2 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: x x x ~- x x X NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc AMENDMENT TO CONSULTANT AGREEMENT r THIS AGREEMENT, as entered into on this the J1-day of Qu~usY , 2008, is an AMENDMENT to the CONSULTANT AGREEMENT dated May 1, 2007 between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY, and Howard R. Green Company of Cedar Rapids, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the City of Iowa City and Howard R. Green Company entered into a CONSULTANT AGREEMENT (AGREEMENT) on May 1, 2007, whereby the CITY secured the services of CONSULTANT to (a), provide assistance to the CITY in the implementation of the Hydrologic Monitoring System Plan and in the related routine annual services at the Iowa City Landfill and Recycling Center, with the intention to enable the facility to remain in compliance with the requirements of the then current Iowa Department of Natural Resources (IDNR, or department) Sanitary Disposal Permit, and the then current Iowa Administrative Rules pertaining to the operation of Sanitary Disposal Projects and (b), provide assistance to the CITY in maintaining compliance with the Iowa Department of Natural Resources Title V Air Emissions Operating Permit for the subject facility, and; WHEREAS, the AGREEMENT entered into between the CITY and the CONSULTANT on May 1, 2007 was intended to cover CONSULTANT'S services as generally defined above for a defined period of three (3) calendar years, to include 2007, 2008 and 2009, and; WHEREAS, the Iowa Department of Natural Resources, in reviewing the facility's Annual Water Quality Reports (AWQRs) for calendar years 2005 and 2006 required the CITY to complete additional and supplemental sampling of the groundwater at the site, and to conduct a Ground Water Quality Assessment (GWQA) or otherwise perform additional investigation, installation of additional monitoring wells or geo-probe borings, and evaluation of the groundwater and report the results of same to IDNR in the 2007 AWQR, and; WHEREAS, the Iowa Environmental Protection Commission (EPC, or commission) adopted amendments to the Iowa Administrative Rules pertaining to the design, construction and operation of Sanitary Disposal Projects effective December 10, 2007, and; WHEREAS, the Rule Amendments adopted by the Environmental Protection Commission effective December 10, 2007 establish a universal compliance date of January 31, 2011, and the Rule Amendments include additional requirements for the CITY to perform relative to groundwater sampling and subsurface methane gas monitoring, data evaluation and reporting, all to achieve compliance with these Amended Administrative Rules by this new compliance date of January 31, 2011, and; WHEREAS the renewed Sanitary Disposal Permit issued by IDNR on June 25, 2008 requires the CITY to perform certain functions associated with monitoring, evaluation of results and reporting of the groundwater and subsurface methane gas. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide the additional services as set forth herein. I. SCOPE OF SERVICES The CONSULTANT agrees to perform the following additional services for the CITY, and to do so in a timely and satisfactory manner. Note that to maintain compliance with milestones established by the department, many of the additional services O:\PROJ\723920J05\Admin\FINAL Annual Services Contract Amendment 070308.doc Page 1 of 4 described herein have been completed or are in progress as of this writing, as listed in Section IV, Compensation for Services. A. Perform slug and bail tests, including data evaluation and reporting to IDNR for the 40 existing groundwater monitoring wells and 14 new groundwater monitoring wells. B. Provide requested information to IDNR relative to the existing cell liners for Cells FY-89, FY-91, FY 95, FY-96, FY-98, FY 02 and FY-06, in relationship to the liner requirements for planned cell FY- 09 based on computer modeling conducted in July 1997, and in relationship to revised Administrative Rule requirements for groundwater contamination modeling and Point-of Compliance monitoring wells. C. Assist the CITY in the completion of additional and supplemental sampling of the groundwater at the site, and as required by IDNR conduct a Ground Water Quality Assessment (GWQA) or otherwise perform additional investigation and evaluation of the groundwater and report the results of same to IDNR. D. Assist the CITY in the completion of additional and supplemental sampling of the groundwater to comply with the required 5 events for calendar year 2008 for the Appendix I parameter list, evaluate the individual event results, and evaluate and report the combined results for calendar year 2008 monitoring to IDNR prior to January 31, 2009 in an Annual Water Quality Report (AWQR). (The complete statistical analysis reauired under administrative Rule 113.10 (4) "q" and "h" has not been defined by IDNR as of this writing; therefore the analysis and reporting. is not included in this Scope of Services and the associated cost is not included in the cost summary in Section IV of this Amendment.) E. Beginning May 1, 2009, assist the CITY in the completion of quarterly subsurface monitoring of methane gas concentrations at the site during the remainder of 2009 (assume three events), evaluate the results and, if levels exceeding the specified limits are observed, report the individual event results to IDNR within 7 days after each monitoring event. Also, evaluate and report the combined results for calendar year 2009 monitoring to IDNR prior to January 31, 2010. II. ADDITIONAL UNDEFINED SERVICES Upon review of the reported results of the Ground Water Quality Assessment work by IDNR staff; upon completion of the 5 additional and supplemental groundwater sampling events for calendar year 2008, and upon completion of the review of the annual summary report (AWQR) by the department; subject to the department's review of the results of the quarterly subsurface methane gas monitoring for calendar year 2009, for any individual event report where the results exceed the specified limits, or review of the annual summary report by the department; subject to clarification or interpretation or additional revisions to the Administrative Rules by the Environmental Protection Commission; or subject to possible amendments to the Sanitary Disposal Permit by the department; and subject to the findings, conclusions and recommendations of the revised HMSP; additional engineering services may be required to achieve and maintain compliance with the Administrative Rules and the Sanitary Disposal Permit. As an example, and in accordance with [567] Iowa Administrative Code (IAC) Chapter 113.10(6), the results of the detection monitoring O:\PROJ\723920J05\Admin\FINAL Annual Services Contract Amendment 070308.doc Page 2 of 4 required by 113.10(5) for the 5 events in 2008 for the Appendix I parameters may illustrate a Statistically Significant Increase (SSI) over background. In this case, an Assessment Monitoring Program must be developed and implemented, to include an initial (within 90 days) sampling event, and subsequent annual sampling events for all Appendix II parameters, and possible semi-annual re-sampling for Appendix I and selected Appendix II parameters. The results may trigger additional engineering services effort, or related effort by the CITY, including but not limited to additional or supplemental Appendix I / II sampling and analysis; revisions to the Hydrologic Monitoring System Plan (HMSP); the development of a plan for the assessment of corrective measures and remedy and implementation of a corrective action plan; and the design and installation of additional groundwater or subsurface methane gas monitoring wells, etc.; and recordkeeping. Additional engineering services and costs required for the reasons described above, including those that are triggered by previous results, are considered at this time as being undefined, and thus outside of the defined Scope of Services as described in Section I of the original Consultant Agreement as executed on May 1, 2007, and the Scope of Services as defined in Section I of this Amendment To Consultant Agreement. If such related engineering services become necessary at some future date additional amendment(s) will be executed to define the scope and related cost of the additional services. III. GENERAL TERMS This AMENDMENT TO CONSULTANT AGREEMENT is subject to the same terms and conditions as listed in Section III of the of the original Consultant Agreement as executed on May 1, 2007. IV. COMPENSATION FOR SERVICES The compensation for the additional services described herein is as follows. A. Slug and bail tests, and related evaluation and reporting (ongoing). $4,650 B. Resolution of cell liner issues with IDNR (completed). $2,960 C. Ground Water Quality Assessment and related work (completed). $17,650 D. Supplement sampling assistance and reporting for 5 events in 2008 (ongoing). $1,600 Quarterly subsurface methane monitoring assistance and reporting for 2009. $4,500 TOTAL $31,360 V. MISCELLANEOUS A. The insurance requirements are the same as for the original Consultant Agreement as executed on May 1, 2007. B. All provisions of this agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. O:\PROJ\723920J05Wdmin\FINAL Annual Services Contract Amendment 070308.doc Page 3 of 4 C. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire amendment to the original Agreement, and that no other monies or considerations have been solicited. FORT ITY By: Title: Date: August > > , ATTEST: ~~ T - 4~J FOR THE CONSULTANT By: ;~~~~J ~ ~i~~ Title: ,~/'BSI°~ °'~ Date: ~~-`,~~ O:\PROJ\723920J05Wdmin\FINAL Annual Services Contract Amendment 070308.doc Page 4 of 4 ' r 1 ITY QF IQ1NA CI" ~0 ~~ ~ ~~~r ",rz~i~~~'' ,~ -.~..~ DATE: August 5, 2008 TO: Rick Fosse, Public Works Director FROM: Daniel Scott, Sr. Civil Engineer re: HR Green Company Landfill Contract Amendment Howard R Green Company has an engineering consultant service agreement with the City for the monitoring services at the Landfill. The original contract amount was for $165,100 but due to the new IDNR rules an increase of $31,360 has been requested. In 2008, the Iowa DNR completely changed the landfill rules. In 2007, when the original contract was approved, we knew there would be new IDNR rules, but we did not know the extent of the changes. There are many new requirements that we must now comply with to own and operate the landfill and household hazardous materials facility. The new Iowa DNR rules require additional ground water sampling parameters along with new monitoring well spacing requirements. The original contract scope did not include this extra work, but it is necessary to continue to operate the facility. f~1 ~ uu-i ~ -uu 11 Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 08-247 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A TELECOMMUNICATION INFRASTRUCTURES PATHWAYS AND ELECTRICAL TRANSMISSION SYSTEM. WHEREAS, the University of Iowa has installed a buried conduit system containing a fiber optic telecommunications cable and a buried electrical system within City of Iowa City public rights-of- way; and WHEREAS, the City of Iowa City desires to enter into an agreement with the University of Iowa providing for the continued use of the public right-of-way and for the possible expansion of the existing facilities; and WHEREAS, it is in the public interest to enter into a license agreement with the University of Iowa concerning the responsibility for the installation and maintenance of the fiber optic cable and electrical transmission system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached license agreement between the City of Iowa City and the University of Iowa to use certain streets and public rights-of-way as set out in said agreement for the placement of fiber optic cable and electrical transmission system is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at the University of Iowa's expense. Passed and approved this 11th day of ATTEST: ~ ~ ~~~ CIT -ERK City Attorney's Office ~=/~,~~ Resolution No. 08-247 Page 2 It was moved by Correia and seconded by xayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE UNIVERSITY OF IOWA FOR USE OF PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF TELECOMMUNICATION INFRASTRUCTURES PATHWAYS AND ELECTRICAL TRANSMISSION SYSTEM. SECTION I. DEFINITIONS a. 'City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. ~~Public Improvements" shall mean any publicly-owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. °Public Property" shall mean publicly-owned or controlled land and rights-of-way, easements, bridges, parks squares and commons. d. ~~University" shall mean the University of Iowa and shall include equipment owned, operated, leased, or subleased in connection with the operation of the Telecommunication Infrastructures Pathways and Electrical Transmission System, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, electrical lines, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT University is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a telecommunications and electrical facilities in, under, upon, along and across the public property shown and identified in Exhibits A and B attached hereto, subject to the regulatory powers of the City and subject to the conditions herinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE UNIVERSITY FACILITIES Before commencing any extension or expansion of its facilities, or any major repair work or the installation of any new facilities in the City, the University shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the University proposes to extend, expand, install or repair its facilities. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the facility components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. Such proposed facilities shall not interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements, or any existing City-owned public utility facility component, or other structure upon or under public properly. If the proposed locations of any facilities does interfere with said improvements, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate the interference and refer the same back to the University for amendment. Any such review, approval or amendment shall remain subject to the provisions in Section 8 herein. Such map, plan, or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the University to proceed in accordance with the approved maps, plans, or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by University shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF UNIVERSITY FACILITIES In the process of location, construction, reconstruction, replacement, or repair of any systems component, the excavation or obstruction made or placed in public property at any time or for any purpose by the University shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, the University shall, 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. If the University fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the University. The University shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 5. EXCAVATIONS The University is authorized to make excavations in -City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Telecommunication Infrastructures Pathways and Electrical Transmission System. In making such excavations, the University shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty- four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the University may proceed with the work without first applying for or obtaining the permit, provided, however, that the University shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the University fails to comply with the provisions of this Section, the City may repair or restore the public properly to a condition as good as the condition of the property prior to the disturbance by the University. The University shall pay the costs of such repair or restoration. The University shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. 2 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 of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the University, 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 University for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the University's facilities. SECTION 7. UNIVERSITY CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the University under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The Telecommunication Infrastructures Pathways and Electrical Transmission System and other components of the facilities- erected by the University within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The University 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. The University shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating the vacation and/or redevelopment of public property or public right-of-way by the City. In the event the University fails to act within a reasonably allocated time, the City may cause the University facilities to be relocated, and the costs thereof shall be to the University and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of University's failure to act within a reasonable time shall be the responsibility of the University. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The University shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. University shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The University shall not place identification signs within the public right-of-way. 3 Upon request, the University agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the University shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement work completed by the University or any facilities requiring excavation of public property or public right-of-way shall require University to restore and replace surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The University shall notify the City when facilities are to be abandoned. The University shall remove manholes, hndholes, vaults, overhead facilities and equipment related hereto from the right-of-way as required in conjunction with other right-of-way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY 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 property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to University and to this agreement. SECTION li. PLANS AND COORDINATION Upon completion of the work, the University shall promptly furnish to the City copies of "as- built" plans related to its facilities located on public property. The University shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the University in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default', the City shall cause an investigation 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. The City shall give written. notice to the University of the default, and the University shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and University shall proceed promptly to cure the same and prosecute such cure with due diligence, 4 the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the University in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to University and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the University. If the University 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 contractor, and charge the costs of such work to the University; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The University agrees to be responsible for any and all damages arising directly from negligent acts or omission in exercising the rights granted herein. The University agrees to require contractors and subcontractors engaged in work for the University within the public right-of-way or public property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the University in any matter or thing herein contained, such invalidity, illegality or change shall be deemed. severable and 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. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to University, if the City determines that the property or public right-of-way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the University exercises the rights granted to it hereunder, the 5 City will not, by ordinance or otherwise, vacate any street, alley or public property in which the University has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the University to relocate its facilities as provided in Section 8 hereof. SECTION 17. PREVIOUS AGREEMENTS The City and the University have previously entered into agreements for individual sites for the placement of fiber optic and electrical system. They are recorded at the Johnson County Recorder's in Book 3622 Pages 88-91; Book 3899, Pages 899-902; Book 3987, Pages 557-563; Book 4080, Pages 544-548; and Book 4326, Pages 291-295. This agreement shall supersede said agreements and any other agreements that have been entered into by the City and the University for the placement of fiber optic and/or electrical systems within City of Iowa City public right-of-way. SECTION 18. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to University: University Business Manager University of Iowa 305 PCO Iowa City, IA 52242 Provided, however, that in 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 addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at University expense. Dated this ~_ day of >Qr,~yu.~ ,, 2008. CITY OF IOWA CITY UNIVERSIZY OF IOWA 6 /~ ~~ By: George M. Hollins University Business Manager Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~ day of ~~.r~uc~ , 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Resolution No. o ~- X47 and passed by the City Council, on the ~~-day of ~u ~ uST' , 2008, and that Regenia D. Bailey and Marian K. Kan- acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. SoNDRAE FORT ~~ °~~ Commission Number 159791 My Commission Expires Notary Public in and for the State of Iowa pow 7 My commission expires: 3~'7/~ UNNERSITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~ ~~" day of ~ ~ ~5 ~`" , 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared George M. Hollins., to me personally known, and, who, being by me duly sworn, did say that he is the University Business Manager of the University of Iowa, and that he has authority to act and is acting on behalf of the University of Iowa, as provided by the Board of Regents, State of Iowa, and that as such this person did execute the foregoing instrument as the voluntary act and deed of the University of Iowa, for and on behalf of the State of Iowa Board of Regents. airy ~ierK ~~~lG'~ Notary Public in and for the State of Iowa ...-_ My commission expires: ~'' `s- RHONDA K. OIETRICH er 136242 My Comm: Exp. ~"fQ`-r~9 U:\PW\STAFF\Kim ]\ROW Agreements\Temporary -Fixed\Fiber Optic\]ohnson County.doc °~~ 12 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 RESOLUTION NO. 08-248 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ROHRBACH ASSOCIATES PC, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR FIRE STATION #4 PROJECT. WHEREAS, the City of Iowa City desires to build Fire Station #4 on a 1.77 acre parcel of land acquired by the City, located at the intersection of Scott Boulevard and Dubuque Road; and WHEREAS, the City of Iowa City had worked with consultants for schematic design services of a substation Fire Station on this site, and produced the Schematic Design Booklet of a New Site and Building for Fire Station #4 in November of 2005; and WHEREAS, the above mentioned project schematic design was recently reviewed and updated, and to build the project will entail a generation of a plans and specifications with a refined cost estimate, LEED study; and WHEREAS, the CITY desires the services of a consulting firm to prepare design development through construction administration services of the Fire Station #4 Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Rohrbach Associates PC., to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Rohrbach Associates PC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. Passed and approved this ATTEST: . .r .__ _~ --- J'~ City Attorney's Office PW ENGU2EStRes-Fire Station #4 consultant agreement.doc The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in duplicate. Resolution No. Page 2 08-248 It was moved by Correia and seconded by Wight the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek _~ O'Donnell x Wilburn x Wright wpdatalglossary/resolution-ic.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 11th day of AuQUSt , 2008 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Rohrbach Associates PC, hereinafter referred to as the Consultant. Whereas the City of Iowa City wishes to construct a new Firestation #4 to be located at the intersection of Scott Blvd and North Dubuque Road in Iowa City, Iowa. The proposed station is to be approximately 11,533 GSF with a partial basement and an estimated construction cost of $2,630,000.00. Please reference attachments 1 and 2. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. A. DEFINITION The Consultant's Basic Services consist of those described in Sections I.A through I.F and include normal civil, structural, mechanical and electrical engineering services. B. DESIGN DEVELOPMENT PHASE Based on the approved Schematic Design Documents, Pre-design Conceptual option 61 that modified the approved schematic design and any adjustments authorized by the Owner in the program, schedule or construction budget, the Consultant shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2. The Consultant shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. C CONSTRUCTION DOCUMENTS PHASE Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Consultant shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2. The Consultant shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. -2- 3. The Consultant shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 4. The Consultant shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 5. The consultant shall assist the Owner in the design and specification of furnishing and signage for the project. D. BIDDING OR NEGOTIATION PHASE The Consultant, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. E. CONSTRUCTION PHASE- ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1. The Consultant's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2. The Consultant shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Consultant. 3. Duties, responsibilities and limitations of authority of the Consultant under this Section G shall not be restricted, modified or extended without written agreement of the Owner and Consultant with consent of the Contractor, which consent will not be unreasonably withheld. 4. The Consultant shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Consultant shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 5. The Consultant, as a representative of the Owner, shall visit the site a minimum of every 10 days or at intervals appropriate to the stage of the Contractor's operations, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Consultant shall -3- not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Consultant shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 6. The Consultant shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Consultant shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Consultant shall be responsible for the Consultant's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 7. The Consultant shall at all times have access to the Work wherever it is in preparation or progress. 8. Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Consultant about matters arising out of or relating to the Contract Documents. Communications by and with the Consultant's consultants shall be through the Consultant. 9. Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. When the project is complete, the Consultant shall provide a full set of As- Constructed Record drawings in electronic format as follows: CAD files shall be Autodesk AutoCAD version 2008 or earlier. If the file(s) have been translated from another CAD application, it should be noted as such. Each plan sheet should be ready to print. If applicable, include all file types used in the plan set; these may include, but not be limited to, linked attachments such as Tiffs, spreadsheets, and external reference drawings. Do not include any project data files or other documents not contained within the plan set. If necessary, include a "Readme" document for any clarification that may be required. All drawing files that have externally referenced drawings shall Insert or bind them into the drawing file. If this is not possible, externally referenced drawings should be located in the same folder as the drawing files. All submittals shall include an explanation of the Consultant's CAD layer scheme. All drawing files shall have the correct layer scheme in place. -4- All submittals shall include the `plot style' (pen assignments) or .ctb file, in order for prints of the drawings to have the intended appearance. A hard copy plan set of the As-Constructed Record drawings shall be included in the delivery, and it should be full size, unless otherwise agreed upon. F. SUSTAINABLE DESIGN 1. Services will be provided in accordance with AIA Document B214-2004. G. OWNER'S RESPONSIBILITIES The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Consultant, within 15 days after receipt of a written request, information necessary and relevant for the Consultant to evaluate, give notice of or enforce lien rights. 2. The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 3. The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Consultant's services. 4. The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 5. The Owner shall furnish the services of geotechnical engineers when such services are requested by the Consultant. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 6. The Owner shall furnish the services of consultants other than those designated in Section li 5 when such services are requested by the Consultant and are reasonably required by the scope of the Project. -5- 7. The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 8. The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 9. The services, information, surveys and reports required by Sections li 4 through li 8 shall be furnished at the Owner's expense, and the Consultant shall be entitled to rely upon the accuracy and completeness thereof. 10. The Owner shall provide prompt written notice to the Consultant if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Consultant's Instruments of Service. II. TIME OF COMPLETION A. The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Phase Start Stop Design Development August 1, 2008 October 15, 2008 Construction Documents October 15, 2008 March 1, 2009 Bidding and Negotiations March 1, 2009 April 15, 2009 Construction Administration May 1, 2009 June 1, 2010 Commissioning June 1, 2010 July 1, 2010 B. This schedule is the best estimate of the consultant at this time and will be adjusted in the event of circumstances beyond the consultant's control. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may -6- terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. If the Owner fails to make payments to the Consultant in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Consultant's option, cause for suspension of performance of services under this Agreement. If the Consultant elects to suspend services, prior to suspension of services, the Consultant shall give seven days' written notice to the Owner. In the event of a suspension of services, the Consultant shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Consultant shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Consultant's services. The Consultant's fees for the remaining services and the time schedules shall be equitably adjusted. 2. If the Project is suspended by the Owner for more than 30 consecutive days, the Consultant shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Consultant shall be compensated for expenses incurred in the interruption and resumption of the Consultant's services. The Consultant's fees for the remaining services and the time schedules shall be equitably adjusted. 3. If the Project is suspended or the Consultant's services are suspended for more than 90 consecutive days, the Consultant may terminate this Agreement by giving not less than seven days' written notice. 4. This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 5. In the event of termination not the fault of the Consultant, the Consultant shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section IIIB 6. 6. Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Consultant is not otherwise compensated, plus an amount for the Consultant's anticipated profit on the value of the services not performed by the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable -7- request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any applicable state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or allegedly arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the Client or any person or entity that acquires or obtains the construction documents from or through the Client without the written authorization of the Consultant. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional consultant affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. All design documents, including electronic data, required by this Agreement, as instruments of service are the property of the Owner whether the work for which they are made be executed or not. 2. Any reuse without specific written verification or adaptation by the Design Professional will be at Owner's sole risk and without liability or legal exposure to the Design Professional. 3. The Design Professional shall not acquire a copyright for project documents but shall be permitted to retain copies including reproducible copies or electronic data of the drawings, specifications and other project documents. -8- 4. The Consultant shall submit the specified drawing documents in electronic format, as reference in this document I. SCOPE OF SERVICES Part E. CONSTRUCTION ADMINISTRATION PHASE OF THE CONSTRUCTION CONTRACT item 9. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES A. Compensation for Services outlined in paragraphs IB through IF is to be a stipulated sum of Two hundred sixty seven thousand six hundred dollars ($267,600.00) This fee is broken down the following: Services identified in paragraphs IB - IE $210,000.00 (accept IC5) Services identified in paragraph IC-5 $ 5,000.00 Services identified in paragraph IF $ 52,600.00 (2% of the estimated construction costs) B. Where compensation is based on a stipulated sum, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: Basic Services IB - IF Design Development 35% Construction Documents 45% Bidding and Negotiations 05% Construction Administration 15% Total 100% C. REIMBURSABLE EXPENSES For Reimbursable Expenses, as described below, a multiple of one point zero (1.0) times the expenses incurred by the Consultant, the Consultant's employees and consultants directly related to the Project will be invoiced monthly as accrued. 1. Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Consultant and Consultant's employees and consultants directly related to the Project, as identified in the following Clauses: -9- .a transportation in connection with the Project, authorized out-of- town travel and subsistence, and electronic communications; .b fees paid for securing approval of authorities having jurisdiction over the Project; .c reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .d expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .e renderings, models and mock-ups requested by the Owner; .f expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Consultant and the Consultant's consultants; .g other similar direct Project-related expenditures. D. ADDITIONAL SERVICES The services described in this Article IVD1 are not included in Basic Services and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Sections D2 and D4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section D3 are required due to circumstances beyond the Consultant's control, the Consultant shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Section D3 are not required, the Owner shall give prompt written notice to the Consultant. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Consultant shall have no obligation to provide those services. 2. PROJECT REPRESENTATION BEYOND BASIC SERVICES a. If more extensive representation at the site than is described in Section 1 E is required, the Consultant shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. b. Project Representatives shall be selected, employed and directed by the Consultant, and the Consultant shall be compensated therefor as agreed by the Owner and Consultant. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. c. Through the presence at the site of such Project Representatives, the Consultant shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Consultant as described elsewhere in this Agreement. 3. CONTINGENT ADDITIONAL SERVICES a. Making revisions in drawings, specifications or other documents when such revisions are: -10- 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or 3. due to changes required as a result of the Owner's failure to render decisions in a timely manner. b. Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section VD2e c. Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. d. Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. e. Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. f. Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. g. Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. h. Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Consultant is party thereto. Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 4. OPTIONAL ADDITIONAL SERVICES a. Providing financial feasibility or other special studies. b. Providing planning surveys, site evaluations or comparative studies of prospective sites. -11- c. Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. d. Providing services relative to future facilities, systems and equipment. e. Providing services to verify the accuracy of drawings or other information furnished by the Owner. f. Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. g. Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. h. Providing detailed quantity surveys or inventories of material, equipment and labor. Providing analyses of owning and operating costs. j. Providing services for planning tenant or rental spaces. k. Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. m. Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. n. Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. o. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. p. Hydrological studies required for LEED certification beyond the silver certification level. q. Energy modeling required for LEED certification beyond the silver certification level. r. Building Commissioning services as they relate to start up of building systems or LEED requirements. -12- E. Payments are due and payable ten (10) days from the date of the Consultant's invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the legal rate prevailing from time to time at the principal place of business of the Consultant. F. COMPENSATION FOR ADDITIONAL SERVICES 1. For Project Representation Beyond Basic Services and for Addition Services as described above, compensation shall be computed as follows: V. Principal Principal Project Architect Project Designer Construction Administrator Architect/Spec Writer Intern Architect CAD Technician Interior Designer Intern Interior Designer Administrative Assistant Secretarial Consultants MISCELLANEOUS $180.00 $145.00 $105.00 $100.00 $85.00 $85.00 $65.00 $58.00 $85.00 $50.00 $75.00 $55.00 $ Hourly rates at time of service A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted practices and standard of care within the Architectural Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. If the Basic Services covered by this Agreement have not been completed within twenty four (24) months of the date hereof, through no fault of the Consultant, extension of the Consultant's services beyond that time shall be compensated as provided in Part IV. D CONSTRUCTION COST 1. DEFINITION -The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Consultant. a. The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Consultant, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. -13- b. Construction Cost does not include the compensation of the Consultant and the Consultant's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner. 2. RESPONSIBILITY FOR CONSTRUCTION COST a. Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Consultant, represent the Consultant's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Consultant. b. No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Consultant shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. c. If the Bidding or Negotiation Phase has not commenced within 90 days after the Consultant submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. d. If a fixed limit of Construction Cost (adjusted as provided in Section VD2c) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section IIIB; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. e. If the Owner chooses to proceed under Section VD2d.4, the Consultant, without additional compensation, shall modify the documents for which the Consultant is responsible under this -14- Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Consultant's responsibility under this Section. The Consultant shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. E. DISPUTE RESOLUTION MEDIATION a. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Consultant's services, the Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation. b. The Owner and Consultant shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing with an institution of legal or equitable proceedings, in such event, mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. c. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 2. Under no circumstances shall binding arbitration be required as to any dispute arising between the parties or under the Contract Documents. F. Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. G. CLAIMS FOR CONSEQUENTIAL DAMAGES 1. The Consultant and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article III. H. Unless otherwise provided in this Agreement, the Consultant and Consultant's consultants shall have no responsibility for the discovery, presence, handling, -15- removal or disposal of or exposure of persons to hazardous materials or toxic substances in anv form at the Project site. FOR THE Y ~~ By: Title: M r Date: August" > > . Zoos v ATTEST: /~(C~iCV ~ - 7~C~~yt.~ City Clerk AP VED BY: City AttQrn y'~~ffice ~'~/° Date pw\forms\consagmt.fnn 13 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO 08-249 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2008 DURABLE PAVEMENT MARKING PROJECT. WHEREAS, DPLM, Inc. of Des Moines, Iowa, has submitted the lowest responsible bid of $164,650.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to DPLM, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The Public Works Director is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 11th day of ATTEST: 20 O8 Attorney's Office ~f p(ob- It was moved by Wilburn and seconded by xayek the Resolution be ddopted, and upon roll call there were: AYES: x x _~ ~- x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pwengues/08durablepvmt-awrdcon.doc 8/08 NOTICE TO BIDDERS 2008 DURABLE PAVEMENT MARKING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 29th day of July, 2008. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 11th day of August, 2008, or at special meeting called for that purpose. The Project will involve the following: Division 1 429 STA Crosswalks and Stop Bars Durable 88 STA Stop Bars Durable 10 DAYS Flagger 1 LS Traffic Control 1 LS Mobilization All work is to be done in strict compliance with the plans and specifications prepared by the Office of the Iowa 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. 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 a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. 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 responsible surety approved by the AF-1 City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: Oct. 15, 2008 Liquidated Damages: $200.00 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 proposal blanks may be secured at the Office of the Iowa City Engineer, Iowa City, Iowa, by bona fide bidders. A $10.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2